Each order sent constitutes an offer for the purchase of products. Orders are subject to the availability and discretionary acceptance of the Owner.
The User must select the products and complete the check-out, after carefully checking the information contained in the order summary. The order is made by confirming the same and is subject to payment of the price, taxes and shipping and payment costs indicated in the Order Summary form.
The Order Processing Receipt does not constitute acceptance of the order. The conclusion of the contract takes place at the time of the sending of the Order Confirmation by the Owner to the email address provided by the User. The Owner reserves the right not to confirm an order, communicating to the User within 5 working days of placing the order, to the email address associated with his purchase, the unavailability of one or more of the products purchased. In this case, the Owner will refund the price and shipping costs incurred by the User.
Terms of payment
Comincioli uses third-party tools for the processing of payments and does not in any way come into contact with the payment data - such as those relating to the credit card - provided.
Any costs of managing User payments that are not accepted will be charged to the User.
Prior authorization for future payments through PayPal
In case of payment via PayPal account, during the purchase, Tannico will store an recognition code combined with the customer's PayPal account, which authorizes Tannico for an exclusive use linked to future purchases.
It is possible to revoke the aforementioned authorization at any time, through the Tannico interface or by contacting the Owner directly.
Retention of title
Until full payment of the price of the products ordered, the products remain the property of the Owner.
Availability of products
The prices, descriptions or availability of the products displayed are subject to change without notice. The photos inserted are indicative and may not constitute an exact representation of the products.
The Owner will do his best to present the characteristics of the products with the greatest possible degree of detail on Comincioli within each form corresponding to the product viewed by the User. However, the images and colors of the products offered for sale on Tannico may differ from the real ones due to multiple factors including, by way of example and not limited to, the user's terminal monitor, photographic filters etc. Therefore, the User acknowledges and agrees that any such minor differences do not constitute a lack of conformity of the products.
Execution of the Order
The Order is executed in the terms specified in the summary page and in the Order Confirmation email, subject to the availability of the product ordered. The Data Controller cannot be held responsible for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time of sending the Order Confirmation.
Deliveries are made during normal business hours to the address indicated by the User and in the manner specified in the order summary.
Upon delivery, the User must check the content by specifying any anomalies in the delivery form.
In case of non-collection within the deadline set by the carrier, the products will be returned to the Owner, who will refund the price of the products, but not the shipping cost. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the User, for damages that may have occurred to the Products after delivery to the carrier, where the latter has been chosen and instructed by the User or for delays in delivery attributable to the latter.
Right of withdrawal and warranty
In case of purchase of products or services on Comincioli, the User has the right to withdraw from the contract without indicating the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party - other than the carrier and designated by the User - acquires physical possession of the goods. To exercise the right of withdrawal, the User is required to inform the Owner of the decision to withdraw via an explicit declaration sent to the contacts indicated.
To this end, it can use the model for exercising the right of withdrawal shown in the "definitions" section of this document. The User is also free to express his choice to withdraw from the contract in any other equivalent form.
Effects of withdrawal
If the User withdraws from this contract, they will be remitted to him all payments made in favor of the Owner, including delivery costs (with the exception of additional costs deriving from the possible choice of a type of delivery other than the less expensive type of standard delivery offered) without undue delay and in any case not over 14 days from the day on which the Owner is informed of the User's decision to withdraw from this contract. These refunds will be made using the same payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not incur any costs as a consequence of this refund. The refund can be suspended until the goods are received or until the User has demonstrated that he has sent the goods back, if previous.
The User is requested to return the goods and deliver them to the Owner without undue delay and in any case within 14 days from the day on which he communicated the withdrawal from this contract. The deadline is met if the User returns the goods before the expiry of the 14-day period. The costs of returning the goods will be advanced by the User, but will be reimbursed by the Owner in the manner and within the limits indicated above at the expense of the User. The User is only responsible for the decrease in the value of the goods resulting from a manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
Limitations on the right of withdrawal
Returned products that are damaged or used differently and further than strictly necessary to establish their nature, characteristics and functioning will be reimbursed after deduction of the decrease in value consequent to damage or use. The reimbursement is excluded when the decrease in value is total.
The User is requested to insert a copy of the delivery document received within the package.
The right of withdrawal is in any case excluded in relation to:
Goods made to measure or clearly personalized;
· The supply of goods which are liable to deteriorate or expire rapidly;
· The supply of sealed goods which are not suitable for return for hygienic or health protection reasons and have been opened after delivery.
If one of the aforementioned exceptions were applicable to the goods purchased by the User, the latter cannot exercise the right of withdrawal.
Applicability of the withdrawal clauses
The clauses concerning the exercise of the right of withdrawal, as well as the related consequences and exceptions, apply exclusively to the User who qualifies as a consumer, that is, to the User who acts for purposes unrelated to his business and professional activity.
Legislative Decree 21/2014 - in implementation of Directive 2011/83 / EU on consumer rights.
The User who purchases as a consumer has the right to guarantee the conformity of the products and services purchased within 24 months of purchase, provided that communication is given within 2 months of their discovery.
To exercise the warranty right, the User is required to contact the Data Controller with the contact information contained in this document, giving an accurate description of the defect found.
If the lack of conformity of the product is ascertained, the User has the right to obtain, at his choice, the repair or replacement of the product.
The User also has the right to request from the Owner a reasonable price reduction or termination of the contract in the following cases:
· If repair and replacement are impossible or excessively expensive;
If the Owner has not repaired or replaced the goods within a reasonable period, in any case not less than 15 days;
If the replacement or repair previously carried out has caused significant inconvenience to the User.
The User is however required to return the defective products.
Compensation and limitation of liability
The User undertakes to keep the Owner harmless (as well as any companies controlled by it or its affiliates, its representatives, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal fees incurred to defend themselves in court, that should arise due to damage caused to other Users or to third parties, in relation to the content uploaded online, to the violation of the law or of the terms of these conditions of service.
Comincioli and all the functions accessible through Comincioli are made available to Users, under the terms and conditions set out in the Contract, without any guarantee, explicit or implied, which is not mandatory by law. In particular, no guarantee of suitability of the services offered for the particular purposes that the User sets is provided.
The use of Comincioli and the functionalities accessible through Comincioli is carried out by Users at their own risk and under their own responsibility.
In particular, the Data Controller, within the limits of applicable law, is liable for damages of a contractual and non-contractual nature against Users and third parties solely as willful misconduct or gross negligence when these constitute an immediate and direct consequence of Comincioli's business. Therefore, the Owner will not be responsible for:
Any losses that are not a direct consequence of the violation of the Contract by the Owner;
Any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example but not limited to, commercial losses, loss of revenues, income, profits or presumed savings, loss of contracts or commercial relations , loss of reputation or goodwill value etc.);
Damages or losses deriving from interruptions or malfunctions of Comincioli due to events of force majeure or, in any case, to unexpected and unpredictable events and, however, independent of the will and unrelated to the sphere of control of the Owner such as, by way of example and not limited to, breakdowns or interruptions to telephone or electric lines, to the internet and / or to other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the supply of third-party products, services or applications ; and
Incorrect or unsuitable use of Comincioli by Users or third parties.
To guarantee Users the best possible use of the Service, the Owner reserves the right to discontinue the Service due to the need for maintenance or system updating, informing Users through constant updates on Comincioli.
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of Comincioli and its Services without the prior written permission of the Owner, guaranteed directly or through a specific resale program.
The Owner could tolerate forms of resale made on a personal (one by one) and limited basis; any form of mass resale is expressly excluded.
Intellectual property rights
All trademarks of the Application, figurative or registered, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos that appear concerning Comincioli are and remain the exclusive property of the Owner or his licensees and are protected by applicable trademark laws and related international treaties.
All brands and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos concerning third parties and the contents published by such third parties on Comincioli are and remain the exclusive property or in the availability of said third parties and their licensors and are protected by applicable trademark laws and related international treaties. The Data Controller does not own these intellectual property rights and can use them only within the limits and in accordance with the contracts concluded with these third parties and for the purposes outlined therein.
Users declare that they are of legal age according to the legislation applicable to them. In no case children under 13 can use Comincioli.
Conditions for receiving deliveries
The User who makes the purchase through Comincioli also declares and guarantees that the person who will receive the shipment of the products purchased is of age according to the legislation applicable to the latter.
Changes to these Terms
The Owner reserves the right to make changes to the Terms at any time, giving notice to the User through its publication within Comincioli.
The User who continues to use Comincioli after the publication of the changes accepts the new Terms without reservation.
The Owner reserves the right to transfer, assign, dispose by novation or subcontract all or some of the rights or obligations deriving from the Terms, provided that the User's rights provided herein are not affected.
The User will not be able to assign or transfer in any way their rights or obligations under the Terms without the written authorization of the Owner.
All communications relating to Comincioli must be sent using the contact information indicated in the Contract.
Ineffectiveness and partial nullity
Should any clause of the Terms prove to be null, invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be conditioned by this and will remain fully effective.
Applicable law and competent court
These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to the law, the jurisdiction of the State and the exclusive jurisdiction of the court of the place where the Owner has its registered office.
The exclusive jurisdiction of the consumer is an exception, if the law provides for it.
Online dispute resolution for consumers
The consumer residing in Europe must be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve non-judicially any dispute relating to and / or deriving from contracts for the sale of goods and services entered into online. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract entered into with the Owner. The platform is available at the following link.
The Data Controller is available to answer any questions sent by email to the email address published in this document.
Example of withdrawal form
Comincioli Farm of Comincioli Gianfranco via Roma 10 25080 Puegnago del Garda (BS)
VAT number: 01964020984 - Fiscal Code: CMNGFR59T14H086U
Hereby I / we notify the withdrawal from my / our contract of sale of the following goods / services:
_____________________________________________ (insert here a description of the goods / services from which you intend to withdraw)
Ordered on: _____________________________________________ (insert date)
Received on: _____________________________________________ (insert the date)
Name of the consumer (s): _____________________________________________
Address of the consumer (s): _____________________________________________
(sign only if this form is notified in paper version)
Indicates the email that the Owner sends when the products are sent to confirm the shipment of all or part of the products purchased.
Order processing receipt
Indicates the email that the Owner sends upon receipt of the order.
The service offered by Comincioli as described by these Terms and within Tannico.
Terms and Conditions (or Terms)
These general conditions of service, which constitute a legally binding agreement between the User and the Owner.
The natural or legal person who uses the Service.
Return PolicyReturn policy
Return and withdrawal management policy
Right of withdrawal and refunds
Pursuant to Legislative Decree n. 206/05, the customer in case of purchase of products on Comincioli, has the right to withdraw from the contract within 14 working days from the date of delivery of the goods and without having to provide any reason. The withdrawal period expires after 14 working days from the day on which the customer or a third party - other than the carrier and designated by the customer - acquires physical possession of the goods. To exercise the right of withdrawal, the customer is required to inform the owner of the decision to withdraw via an explicit declaration sent to the contacts indicated.
This communication must be sent by registered letter with acknowledgment of receipt addressed to: Azienda Agricola Comincioli via Roma 10 - 25080 Puegnago del Garda (BS), or by e-mail to firstname.lastname@example.org. The purchased good must be intact and returned in the original packaging, complete in all its parts; if the original packaging is damaged, we recommend replacing it or putting everything in another box. The shipment, until the certificate of receipt in our warehouse, is under the full responsibility of the consumer.
Comincioli is not liable in any way for damage or theft / loss of goods returned by uninsured shipments.
Return costs are charged to the customer. Without prejudice to any costs for returned products that are partially damaged, Comincioli will reimburse the consumer, in the shortest possible time and in any case not later than 30 days from the return of the goods, through the cancellation of the amount charged to the credit card or by bank transfer. In the latter case, the customer will provide promptly the bank details on which to obtain the refund (ABI Code - CAB - Current Account of the invoice holder).
The right of withdrawal is lost for lack of the essential integrity of the property (packaging and / or its contents), in cases where Comincioli ascertains:
- even partial use of the goods and any accessory materials
- the lack / damage of the external packaging and / or the original internal packaging
- the absence of integral elements of the product (any accessories integrated into the product)
- damage to the product for reasons other than its transport.
In the cases indicated above, Comincioli will return the purchased good to the consumer, charging the shipping costs to the same.
The right of withdrawal pursuant to art. 59 of the Consumer Code does not apply to goods made to measure or clearly personalized or which, by their nature, risk deteriorating rapidly, are sealed and do not lend themselves to be returned for hygiene reasons or are connected to health protection and have been open after delivery.
The return letter or email must contain:
- the invoice number
- the order number
- the indication of the product / s for which you intend to exercise the right of withdrawal
- the article code (if any)
- the bank details (IBAN code) that we will use for the refund.
Subsequently, Comincioli will send a confirmation e-mail in order to agree on the return procedure, which must take place within 14 days of the communication.
The User must insert a copy of the delivery document received inside the packaging box.
The User must visibly apply the document received from Comincioli on the packaging following the above withdrawal notice, in which the shipping address and the details of the order necessary to identify the return are already indicated. destination. The User is advised to insert a copy of this document also inside the packaging, in order to avoid its loss or the inability to identify the return once it has been received in the warehouse. The relative costs of shipping the goods will be borne by the User, unless Comincioli has not informed him about it at the time of the conclusion of the contract, in accordance with art. 57 paragraph 1 of the Consumer Code