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TERMS AND CONDITIONS

The general terms and conditions of sale set forth in this section (hereinafter the “General Terms and Conditions”) govern the remote purchase of products of Ager Sabini S.r.l. (also referred to as the “Seller” or the “Company”), through the website www.agersabini.com (hereinafter also the “Website”).

 

1. Definitions and Scope of Application

a) Website: the website www.agersabini.com;
b) Customer: any individual or legal entity purchasing the products of Ager Sabini S.r.l.;
c) Consumer: a natural person acting for purposes unrelated to their entrepreneurial, commercial, artisanal or professional activity, pursuant to Article 3(1)(a) of the Consumer Code;
d) Professional: a natural or legal person acting within the scope of their entrepreneurial, commercial, artisanal or professional activity, or an intermediary thereof, pursuant to Article 3(1)(c) of the Consumer Code;
e) Seller: Ager Sabini S.r.l.;
f) Products: the tangible goods offered for sale by Ager Sabini S.r.l. through its Website;
g) Sales Contract: any contract under which the Seller transfers or undertakes to transfer ownership of goods to the Consumer, and the Consumer pays or undertakes to pay the price;
h) Consumer Code: Legislative Decree No. 206 of 6 September 2005, as subsequently amended.

 

2. Orders and Conclusion of the Distance Contract with Ager Sabini S.r.l.

 

2.1 The submission of an order through the Ager Sabini S.r.l. Website constitutes a binding contractual offer made to the Seller.

 

2.2 By submitting the order, the Customer acknowledges and declares to have previously read and fully understood the General Terms and Conditions of Sale, and to accept them in their entirety.

 

2.3 The contract shall be deemed concluded when the Seller, upon receipt of the Customer’s order, sends the Customer an order confirmation e-mail. Such communication shall summarise the characteristics of the ordered products, the requested quantity, the total price including any shipping costs, the data required for invoicing and delivery, as well as a reference to these General Terms and Conditions.

 

2.4 It is the Customer’s responsibility to verify the accuracy of the data entered during the purchase process. Any inaccuracies or requests for modification must be promptly reported to the Company and, in any event, before the order is handed over to the courier for shipment. The Company shall not be held liable for delays resulting from incomplete or incorrect information provided by the Customer.

 

2.5 Product availability indicated on the Website refers to the time of the page consultation and may not correspond in real time to the actual stock. Consequently, certain products may be temporarily unavailable. In such case, the Customer shall be notified by e-mail and refunded for the purchase.

 

3. Delivery Methods and Average Delivery Times

 

3.1 Products ordered and purchased through the Ager Sabini S.r.l. Website are carefully packaged according to procedures designed to ensure their integrity, safety and preservation throughout transport, including with regard to their food nature.

 

3.2 Shipment is entrusted to qualified couriers, selected by the Seller based on the destination and the type of shipment chosen. Upon dispatch, the Customer will receive an e-mail containing the tracking code to monitor the shipment status and progress.

 

3.3 Domestic shipments (within Italy, including islands) and international shipments are entrusted to the courier GLS.

 

3.4 In accordance with Article 61(1) of the Consumer Code, delivery shall be made within a maximum period of 30 (thirty) days from the date of conclusion of the contract.

 

3.5 Average delivery times for domestic shipments are approximately as follows:

  • 24 business hours for destinations in Central-Northern Italy;

  • 48 business hours for destinations in Southern Italy and the islands.
    For international shipments, the estimated delivery time depends on the destination country and any customs procedures.

 

3.6 The above delivery terms commence from the actual handover of the shipment to the courier by Ager Sabini S.r.l., which occurs only after receipt of payment by the Customer. Public holidays, Saturdays and Sundays are not included in the calculation of delivery times.

 

3.7 During national holidays (Christmas, Easter, mid-August, May 1st) or in the event of extraordinary circumstances (severe weather conditions, logistics sector strikes, restrictions on circulation ordered by the Authorities), delivery times may be subject to variations.

 

3.8 The appointed courier will attempt delivery at the address provided by the Customer a maximum of two times:
a) On the first delivery attempt, if the recipient is absent/unavailable, the courier will leave a delivery notice (paper or digital) and will automatically schedule a second attempt on the following days;
b) If the second delivery attempt also fails, the shipment will be held at the relevant GLS office, and the Customer will be promptly informed to arrange a new delivery or collection of the shipment at that office.

 

3.9 Upon receipt of the order, the Customer must verify that:
a) the quantity of products received corresponds to that indicated in the delivery document;
b) the packaging is intact, untampered with and unaltered (including sealing materials).

 

If the Customer finds any anomaly in the order received (e.g., missing packages, tampered packaging), they must immediately report it to the courier by noting “Accepted with reservation” on the delivery receipt, specifying the reason. Failure to make such reservations excludes the possibility of subsequent claims regarding the condition of the goods.

 

4. Sales Prices and Shipping Costs

 

4.1 Sales prices of products published on the Website, for Consumers, are expressed in euros (€) and include VAT, calculated at the applicable rate.

 

4.2 Shipping costs are not included in the indicated prices and vary depending on the delivery location.

 

4.3 Shipments within Italian territory are free of charge, except for deliveries to the city of Venice and lagoon areas, minor islands and Livigno, for which a shipping fee of € 15.00 (fifteen/00 euros) shall apply.

 

4.4 For international shipments, shipping costs vary depending on the weight of the parcels and the destination country. The exact amount will be displayed to the Customer during checkout, prior to confirming the order.

 

4.5 International shipments to non-EU countries are exempt from VAT but may be subject to taxes, duties and other charges under the applicable national laws. Such costs shall be borne entirely by the Customer.

 

4.6 The Seller may change prices at any time. It is understood, however, that in the event of variations, the price applied to the Customer shall be that indicated at the time of order confirmation and shown in the order summary sent by e-mail.

 

5. Accepted Payment Methods

 

5.1 Ager Sabini S.r.l. accepts the following payment methods:

a) Credit/debit card (Visa, MasterCard, Maestro, American Express). The Seller may request a copy of an identity document to verify ownership of the card used. If the requested documentation is not provided, the Company may refuse payment and cancel the order.
b) PayPal system: by selecting this payment method, the Customer will be redirected directly to the platform managed by PayPal, where the transaction can be completed. All confidential payment information (such as card details and security codes) is managed exclusively by PayPal or the financial institution involved. The Seller has no access to, nor stores, any details relating to the card used.
c) Google Pay

d) Apple Pay

 

5.2 All transactions are carried out through encrypted and secure connections to ensure confidentiality and integrity of the Customer’s payment data.

 

5.3 Ager Sabini S.r.l. reserves the right to refuse or cancel an order in the event of:
a) suspected fraudulent activity;
b) irregularities in payment;
c) previous defaults attributable to the Customer.

 

6. Right of Withdrawal

Pursuant to Articles 52 et seq. of the Consumer Code, the Customer acting as a Consumer has the right to withdraw from the concluded contract within 14 days from the date of delivery of the products, without any obligation to state reasons and without any penalty. In the case of multiple goods ordered by the Consumer through a single order and delivered separately, the withdrawal period shall run from the day on which the Consumer (or a third party other than the carrier and designated by the Consumer) acquires physical possession of the last good.

 

6.1 Exercise of the Right of Withdrawal

The right of withdrawal may be exercised, before the expiry of the aforementioned period, by:

a) sending an explicit declaration of withdrawal to the following addresses:

b) using the standard withdrawal form as set forth in Article 53 of the Consumer Code

​

WITHDRAWAL FORM pursuant to art. 53 of the Consumer Code

Recipient: Ager Sabini s.r.l.
Registered office: Via Umberto I, 46 – 02040 Roccantica (RI)
E-mail: info@agersabini.com
PEC: agersabini.srl@pec.it.

 

Object: Exercise of the right of withdrawal

​

Hereby I/we ______________________________ notify the withdrawal from my/our sales contract of the following goods/services:

​

Product(s) purchased: _______________________________________
Ordered on: //_____
Received on: //_____

​

Consumer(s) details:
Name and surname: ____________________________________________
Address: ____________________________________________________
ZIP / City / Province: ________________________________________
Phone (optional): _________________________________________
E-mail used for the order: ______________________________

​

Signature of the consumer(s) (only if the form is submitted in paper version):

 

Date: //_____

 

To exercise the right of withdrawal, the purchaser/consumer must necessarily provide the following information:

  • Their name and surname;

  • The order number;

  • The name and value of the purchased product.

​

The Company, upon receipt of the withdrawal declaration, will send the purchaser a confirmation of receipt of the withdrawal on a durable medium.

 

6.2 Effects of Withdrawal – Obligations of the Seller

Following valid exercise of the right of withdrawal by the Consumer, the Seller shall refund all payments received (including delivery costs, except for any additional costs arising from a type of delivery chosen by the Consumer that is more expensive than the standard delivery offered by the Seller). The refund shall be made without undue delay and, in any event, within 14 days of receipt of the withdrawal notice, using the same payment method chosen by the Consumer. The Seller may withhold reimbursement until receipt of the goods or until the Consumer provides proof of return shipment, whichever occurs first.

 

6.3 Effects of Withdrawal – Obligations of the Consumer

The Customer must return the goods subject to withdrawal, at their own expense, within 14 days of notifying the withdrawal.

Products must be intact, properly packaged in their original packaging, free of alterations, complete with any accessories, manuals, labels, seals and documentation received at the time of purchase. The returned product must also be accompanied by the original delivery document containing the order number and the Customer’s identification details, in order to allow correct traceability of the return.

 

6.4 Exclusion of the Right of Withdrawal

Pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded for:

  • orders of custom-made or clearly personalised products;

  • orders of products liable to deteriorate or expire rapidly;

  • orders of sealed products which are not suitable for return for hygienic or health protection reasons, once opened after delivery.

Accordingly, the Consumer acknowledges and accepts that food products, such as olive oil, fall within the category of goods excluded from the right of withdrawal, given their perishable nature and the impossibility of reintegrating opened items into the distribution chain. This exclusion is without prejudice to the legal guarantee of conformity under Articles 128 et seq. of the Consumer Code.

 

7. Legal Guarantee of Product Conformity

 

7.1 In accordance with Article 129 of the Consumer Code, the Seller guarantees to the Consumer that the Products conform to the descriptions published on the Website, for a period of 2 (two) years from the date of delivery.

 

7.2 Pursuant to Article 135-bis, the Consumer is entitled, alternatively, to restoration of conformity of the Product by repair or replacement (provided that the chosen remedy is not impossible or, compared with the alternative remedy, does not impose disproportionate costs on the Seller), or to a proportional price reduction or termination of the contract.

 

7.3 The Consumer bears the burden of proving the date of discovery of the defect as well as providing all elements necessary to identify the defect.

 

7.4 Customers who do not qualify as Consumers, as defined in Article 3 of the Consumer Code, are entitled to rely on the legal warranty provided by the Italian Civil Code, Article 1490, valid for a maximum period of 12 (twelve) months from delivery of the Product.

 

8. Privacy and Cookie Policy – Reference

Ager Sabini S.r.l., as Data Controller, informs the Customer that personal data collected during the purchase process (including identification data, contact details and order information) shall be processed in compliance with Regulation (EU) 2016/679 (“GDPR”) and the applicable national data protection legislation. For detailed information regarding the purposes and methods of data processing and the rights of Consumers, please refer to the full privacy and cookie policies available in the dedicated section of the Website, accessible at the page "Cookie Policy"

 

9. Governing Law and Dispute Resolution

These General Terms and Conditions of Sale, as well as contracts concluded through the Website, shall be governed by Italian law, including for the purposes of interpretation and enforcement.

 

9.1 Contracts with Consumers – Alternative Dispute Resolution and Jurisdiction

In the event of disputes relating to the interpretation, performance or validity of these General Terms and Conditions and of the contract concluded with a Customer qualifying as a Consumer pursuant to Article 3(1)(a) of the Consumer Code, the Consumer may:
a) make use of the alternative dispute resolution procedure (ADR/ODR) provided for by Regulation (EU) No. 524/2013, through the European online dispute resolution platform (ODR), accessible at: http://ec.europa.eu/consumers/odr/;
b) access voluntary mediation proceedings pursuant to Legislative Decree 28/2010;
c) access any other out-of-court dispute resolution procedures provided by applicable law.

Consumers retain the right to bring the dispute before the competent judicial authority. For disputes with Consumers, territorial jurisdiction is mandatorily attributed to the court of the place of residence or domicile of the Consumer, provided such is located within Italian territory.

 

9.2 Contracts Concluded with Professionals

For contracts concluded with Customers qualifying as Professionals pursuant to Article 3(1)(c) of the Consumer Code, any dispute relating to the validity, interpretation or performance of these General Terms and Conditions shall fall under the exclusive jurisdiction of the Court of Rieti, Italy.

 

10. Amendments to the General Terms and Conditions of Sale

The Seller reserves the right to amend these General Terms and Conditions. Amendments shall be effective from the date of publication on the Website and shall apply exclusively to orders placed after such date.

 

11. Complaints

 

11.1 To submit reports and/or lodge complaints, the Customer may contact Customer Service using the following channels:

 

11.2 Ager Sabini S.r.l. undertakes to respond to requests for assistance and/or complaints promptly, and in any event within 30 (thirty) business days from receipt of the complaint.

COSTI SPEDIZIONE
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