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Terms and conditions

Terms and Conditions

TERMS AND CONDITIONS

Ver 2.0 of May 15, 2023

GENERAL CONDITIONS OF USE OF THE AGRICOOK.IT WEB PLATFORM

Premises

The company Agricook S.r.l., based at Via Lambro 19, 20831 Seregno (MB), VAT 11723220965, R.E.A. MB - 2632339, email: [email protected] (hereinafter "AGRICOOK"), has developed and makes available a digital platform dedicated to Italian agri-food products and services. Agricook is a marketplace that allows direct sales between producers and final customers, protecting customers by managing payments and customer service.

1. General Conditions

1.1 These General Conditions govern the use of the functionalities available on AGRICOOK. By accessing the website www.agricook.it or using any of the platform's services, the USER accepts these Conditions. If you do not intend to accept these Conditions, you will not be able to use the services offered by AGRICOOK, including browsing the site.

1.2 These Conditions may be modified by AGRICOOK at any time. Any changes will be effective from the moment of their publication on the site in the "Terms and Conditions" section. Users are invited to regularly check the site to verify the updated Conditions.

1.3 In addition to these General Conditions, the specific conditions related to the individual products or services purchased will also apply.

1.4 By using our Services, the USER consents to the processing of their information as described in the Privacy Policy. AGRICOOK and the SELLERS are separately responsible for data control regarding the buyer's personal information according to EU laws.

2. Registration on the Site and Purchase Order

2.1 To use the services of the Agricook platform, the USER must register through the website www.agricook.it and enter the required data. A valid email address is necessary for all communications.

2.2 The description of the goods and services that can be purchased is present on the Site and in the Order confirmation sent to the USER at the end of the purchase procedure.

2.3 The images and descriptions present in each Product Sheet should be understood as indicative.

2.4 The USER is requested to verify the accuracy of the cart content before confirming the Product Purchase Order.

2.5 The USER can make changes or correct any errors before submitting the Purchase Order.

3. Product Availability

3.1 The Products that can be purchased through the Site are those present and viewable at the time of the order.

3.2 The availability of the Products is regularly monitored and updated by the producers.

3.3 If a Product is unavailable, AGRICOOK commits to promptly notify the USER, who can cancel the Order and obtain a refund of any amounts already paid.

3.4 In the case of Orders involving multiple Products from different producers, the USER will receive a number of shipments corresponding to the number of producers from whom they have ordered.

4. Product Prices

4.1 All Product prices are expressed in Euros and may or may not include VAT, depending on the USER's registration as an individual or company.

4.2 The producers reserve the right to change prices at any time, provided that the applicable price will be the one indicated in the Purchase Order.

4.3 In the case of offers, the full reference price and the applied discount will be indicated.

5. Information for Contract Conclusion

5.1 AGRICOOK informs the USER that:

  • To conclude the purchase contract for one or more Products on the Site, the USER must place a Purchase Order for the products; the Order can be placed by adding all the products you intend to purchase in the appropriate electronic cart and subsequently confirming this cart; the order will then be automatically divided by individual Seller based on the specific conditions provided for the purchased Product.
  • Purchase Orders can only be made through the website www.agricook.it by people of legal age and not in conditions of legal incapacity.
  • The Contract is concluded when the user receives from AGRICOOK the email confirming the Purchase Order sent to the indicated email address; along with this confirmation, the USER is sent a complete summary of the purchase made and a link to access these accepted General Conditions and any specific conditions of the individual goods or services purchased.
  • Before submitting the Purchase Order, the user can identify and correct any data entry errors by following the instructions on the Site at the different stages of the purchase.
  • The registration credentials (email address and password) must be used exclusively by the USER and cannot be transferred to third parties. The USER agrees to keep them secret and ensure that no third party has access to them.

5.2 By submitting the Order, the USER accepts and undertakes to observe these Sales Conditions in relations with AGRICOOK and the additional information contained on the Site, including the Privacy Policy also referred to via link and always memorized.

5.3 In any case, AGRICOOK reserves the right to evaluate the acceptance of the Orders received and not to accept Purchase Orders. In these cases, AGRICOOK will inform the USER that the contract is not concluded and that the Seller has not followed up on the Purchase Order, specifying the reasons. This communication is made within 30 days from the day following the one on which the USER sent the Order to AGRICOOK, which proceeds to refund any amounts already paid by the USER in relation to the same.

6. Payment Methods and Invoicing

6.1 The payment by the USER can be made in euros using one of the payment methods indicated on the Site. For each available payment method, the specific terms and conditions of the chosen payment method will apply. Agricook reserves the right to unilaterally modify the allowed payment methods without having to notify the USER.

6.2 The payment is managed by AGRICOOK, which collects the money and pays the producers 15 days after the customer has received the goods.

6.3 The USER can request the issuance of a receipt or invoice by selecting the appropriate box during the composition procedure of the Purchase Order and entering the data, including tax code and/or VAT number. In this case, the receipt or invoice will be sent to the address indicated by the USER directly by the SELLER. The USER is responsible for correctly entering the data and is expressly informed that if the receipt or invoice is not requested before the Purchase Order is sent to AGRICOOK, it will not be possible to request it later.

7. Product Delivery

7.1 Following the confirmation of the Purchase Order of goods sent to the indicated email address, the USER can track the delivery of their Order online.

7.2 For any information regarding the delivery, the USER can contact AGRICOOK Customer Service or directly the Seller.

7.3 Goods deliveries are made only within the territory of the European Union. The delivery obligation is fulfilled by transferring the material availability or control of the Products to the USER.

7.4 Delivery costs are borne by the USER. The amount of delivery costs due by the USER concerning a specific Purchase Order is expressly and separately indicated (in Euros and including VAT) on the Site during the purchase process, in the Order, and in the Order confirmation email.

7.5 In the case of multi-producer Orders, the USER will receive a number of shipments corresponding to the number of producers from whom they have ordered. Each producer is responsible for their own shipment.

7.6 During the purchase process, before the USER submits the Purchase Order for the Products, the terms within which the Seller or Sellers undertake to deliver the Products subject to the Order will be indicated, taking into account, in addition to the delivery area and method, the possibility that the USER purchases multiple Products with the same Order.

7.7 Delivery terms start from the conclusion of the contract (Order confirmation communicated by AGRICOOK to the email address indicated by the USER) unless otherwise indicated. The delivery term for the specific Order will be indicated in the Order confirmation communicated by AGRICOOK to the email address indicated by the USER.

7.8 The USER can choose the address for the delivery of the purchased Products unless otherwise indicated on the Site regarding the delivery of certain Products.

7.9 The Products purchased on the Site will be sent and delivered via the indicated courier to the postal address indicated by the USER according to the costs and terms indicated on the Site during the purchase process before the USER proceeds with the transmission of the Order.

8. Conformity of Delivered Products

8.1 It is the USER's responsibility to check the condition of the Products delivered. The USER assumes the risk of non-delivery or damage to the ordered products for reasons not attributable to AGRICOOK only when the USER or a third party designated by them and different from the carrier physically takes possession of such products.

8.2 The USER is recommended to verify the number of Products received and that the packaging is intact, not damaged, or wet or otherwise altered, including in the closing materials, and is invited, in their interest, to indicate any anomalies on the carrier's delivery document, accepting the package with reservation. If the package shows obvious signs of tampering or alteration, the USER is also recommended to promptly notify AGRICOOK Customer Service. The legal guarantee of conformity and, where applicable, the regulations on the right of withdrawal remain unaffected.

8.3 If the Product is damaged, the USER must detail in writing on the delivery note all the damages found. Any complaints should be sent to AGRICOOK Customer Service.

8.4 In any case, at the time of delivery, the Products must be checked by the USER to ascertain that they correspond to the ordered items and that they do not show manufacturing defects or other conformity defects. In addition to any specific guarantees provided to the USER together with the delivered Product, the legal guarantees provided by Italian law also apply to the sale of Products purchased on the agricook.it site.

8.5 In cases where the USER submits a complaint to AGRICOOK Customer Service for non-delivery, non-conformity, or damage to the Product, AGRICOOK will replace the Product free of charge if available or refund the USER upon express request from the USER to be sent in the ways and terms indicated below.

8.6 In case of non-conformity of the delivered Product concerning the Order placed, the USER can return the Product in the manner described in the following paragraph and is entitled to replacement or refund where replacement is not possible. In cases where the replacement of the purchased Product has not been carried out within a reasonable time from the USER's request or is impossible or excessively burdensome or has caused significant damage to the USER, the same USER may request a proportional price reduction. It is understood that the USER loses this right if they do not report the lack of conformity to AGRICOOK within two (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 expiry in a shorter period, in which case the defect must be reported within that reduced period.

8.7 The USER's request to obtain the replacement of the Products must be communicated to AGRICOOK by contacting Customer Service or by sending a declaration by registered letter with return receipt to the following address: Agricook s.r.l., [email protected]; in any case, such declaration must be anticipated by email to the address [email protected].

8.8 Although AGRICOOK is very attentive to the characteristics of the Products requested by the USER in the Purchase Order, AGRICOOK cannot guarantee that the characteristics and weight of the Products delivered to the USER are exactly those indicated by the Seller on the Site, as these are artisanal products subject to physiological variations in weight and appearance. Therefore, there may be slight deviations in the characteristics or weight of the individual Products delivered to the USER compared to what is indicated by the Seller on the Site and in the Purchase Order.

9. Withdrawal, Returns, and Refunds

9.1 If the USER is a consumer under Legislative Decree 206/2005, they can exercise the right of withdrawal in the manner described below, without prejudice to the impossibility of exercising the right of withdrawal for the following categories of Products:

  • Goods made to measure or clearly personalized;
  • Goods that risk deteriorating or expiring rapidly;
  • Sealed goods that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery;
  • Goods that, after delivery, are inseparably mixed with other goods by their nature;
  • Alcoholic beverages whose price was agreed at the time of concluding the sales contract, whose delivery can only take place after thirty days, and whose actual value depends on market fluctuations that cannot be controlled by AGRICOOK.

9.2 Therefore, for hygienic reasons and to protect USERS, the right of withdrawal applies only to Products purchased on the Site that can be returned to AGRICOOK and reintroduced to the market without danger to consumer health.

9.3 The right of withdrawal must be exercised by the USER within 14 (fourteen) days from the date of delivery of the products to the USER.

9.4 To exercise the right of withdrawal, the USER must download the withdrawal form available on the Site and transmit it to AGRICOOK in the manner specified therein.

9.5 For the withdrawal or return to be accepted by AGRICOOK, the Products must be returned to the SELLER within the peremptory term of 14 days from the date the USER communicated their intention to withdraw from the purchase or make the return by sending the withdrawal form and in compliance with all the following conditions:

  • The Products must be returned complete with all original packaging (boxes, accessories, tags, protections, etc.);
  • The Products must be accompanied by the duly completed withdrawal form;
  • The Products returned by the USER must not have been opened, used, or damaged but can be handled and inspected to establish their nature and characteristics;
  • The Products eventually damaged and subject to return must be returned as received by the USER without the same undergoing modifications, handling, or repair attempts.

9.6 AGRICOOK is not responsible for non-delivery or theft of returned Products not attributable to it, nor in case of return to an incorrect address or delays in the delivery of returned Products not attributable to it, it being understood that the USER assumes all risks of such shipment. The USER is also responsible for proving the return of the Products.

9.7 In the case of withdrawal, all payments made to AGRICOOK by the USER in relation to the Product for which the return or withdrawal has been exercised are refunded, excluding the costs of returning the Products, which are borne by the USER. AGRICOOK refunds such payments when the SELLER receives the returned Product. The refund is made according to the payment method chosen by the USER and does not entail any cost for the USER (except for any costs of physically returning the Products, which are borne by the USER).

10. Booking Services

10.1 In addition to the possibility of purchasing products offered by the SELLERS, AGRICOOK offers some online booking services as specified below:

10.2 Booking and pick-up service at the company: Through this Service, it is possible to book some products (indicated as suitable for this service) and collect them at the SELLER's premises or another collection point made available by the latter.

10.3 Home delivery booking service: Through this service, where made available by the SELLER, the USER can indicate the address where they wish to receive the purchased products. For this service, the SELLER may provide a specific surcharge. For all other aspects, the general rules provided for the purchase of Products and their delivery apply.

10.4 Table booking service: Through the table booking service, it is possible to book a table in real-time or cancel the reservation in case of unforeseen events. The User using the table booking service undertakes for themselves and their companions to present themselves at the booked restaurant at the booked time. If a User and all their companions do not present themselves at the restaurant within 15 minutes of the booked time, the restaurant may decide not to keep the table reserved, and its availability will no longer be ensured to the USER.

10.5 Room booking service: Through this service, it is possible to book a room (and related services indicated on the page related to the facility offering the Service) at one of the facilities available on the agricook.it site. The terms and conditions for cancellation or related to the non-presentation of the USER are mentioned on the Agricook Platform in the informational pages concerning the SELLER during the booking process and in the booking confirmation email. These terms and conditions may vary during the year or in the case of special offers made available by the SELLER and are at the complete discretion of the SELLER, who, along with the USER, is bound to comply with them. By making a reservation, the USER accepts and approves the cancellation and no-show terms and conditions of that SELLER and any other additional rules or conditions applicable to the made reservation. In the event of no-show or cancellation, the SELLER may still charge the tourist tax (if applicable). Before making a reservation, carefully check for the presence of these conditions in the details regarding the chosen Service. Incomplete or late payment, incorrect bank account or credit/debit card data, invalid credit/debit card data, or insufficient funds may jeopardize the reservation and may result in the refusal of any refund of any advance payment (especially if non-refundable) unless the SELLER agrees to make the refund or allows other solutions provided by its advance payment and cancellation conditions.

10.6 These general conditions apply to all Services offered by the SELLERS through the Agricook platform unless specific conditions related to the individual service are provided by the SELLER and made available to the USER before purchase confirmation.

11. Comments

11.1 AGRICOOK allows purchasing Users of a product or service to leave a comment regarding the purchase experience, the nature of the purchased products, or the quality of the Services used.

11.2 Although AGRICOOK has no obligation to moderate or remove USER comments, it may, at its discretion and based on reasonable effort, moderate comments and ensure they comply with the general conditions of the Agricook Platform.

11.3 Each comment is therefore subject to some automatic filters and, if reported by other USERS or the SELLER, subject to human moderation. The moderation period is a maximum of 2 weeks. The User may request moderation of a previously published comment by sending an email to AGRICOOK Customer Service, specifying the reasons for the moderation request.

11.4 Each SELLER has the right to reply to individual comments received, particularly to:

  • Give their version of events;
  • Thank consumers for their contribution; and/or
  • Indicate changes made to the restaurant after the review was written.

11.5 The right of reply must be exercised within 3 months from the publication of the concerned review by sending an email to AGRICOOK Customer Service. All requests to exercise the right of reply by email must include the following elements:

  • Details of the review;
  • Identification of the author;
  • Quotation of the controversial sections;
  • Content of the requested response (the response cannot be longer than the review it responds to).

11.6 AGRICOOK reserves the right not to publish the SELLER's reply if deemed contrary to these general conditions or other applicable regulations.

12. Role of Agricook and Limitation of Liability

12.1 AGRICOOK allows SELLERS to sell their services and products. The actual SELLER is indicated on the detail pages of each service or product. As a provider of the e-commerce platform, AGRICOOK facilitates transactions on the site but is not a party to the sales contract for the goods and services sold by these third-party sellers. Therefore, AGRICOOK is not part of this contract, which is exclusively between the USER and the SELLER. AGRICOOK assumes no responsibility for the goods and services offered for sale and the related sales contract and its proper execution and does not act in any way as the SELLER's agent. The SELLER is solely responsible for the information provided on the Site, the provision of services, the sale of products, and the management of any disputes with the USER.

12.2 All information related to services advertised through AGRICOOK and not directly purchasable through AGRICOOK (such as catering or hospitality services offered by SELLERS) is provided only for information and convenience. In no case does AGRICOOK guarantee the accuracy of such information.

12.3 AGRICOOK is not in any way responsible to the USER for direct or indirect damages that may derive from the purchase of Products offered on the Site.

12.4 AGRICOOK also declines any contractual or extra-contractual liability for direct or indirect damages caused by the non-acceptance or even partial fulfillment of an Order.

12.5 SELLERS are responsible for ensuring that the descriptions of Products, including indications of organic products and designations of origin, are accurate and comply with current regulations. AGRICOOK is not responsible for any discrepancies or non-conformities in the information provided by the SELLERS.

12.6 SELLERS must comply with all applicable regulations, including those related to organic products and controlled and guaranteed designations of origin. AGRICOOK declines any responsibility for any violations of such regulations by the SELLERS.

13. Customer Service

13.1 The USER can request information, send communications, or forward complaints by contacting AGRICOOK Customer Service by sending an email to [email protected].

14. AGRICOOK Loyalty Program

14.1 The loyalty program allows USERS to accumulate loyalty points after a successful purchase or booking on the agricook.it site.

14.2 All USERS correctly registered on the agricook.it Site automatically and free of charge participate in the loyalty program.

14.3 Each purchase or booking made through the agricook.it site will entitle the accumulation of loyalty points. In the case of withdrawal from the purchase, cancellation of a booking, or no-show at the booked place and time, no loyalty points will be accumulated.

14.4 In their account, it is possible to see an updated count of the accumulated loyalty points. The accumulated loyalty points are strictly personal and can never be exchanged and/or sold.

14.5 Once obtained, loyalty points can be converted into a discount on the products and services offered by SELLERS participating in the initiative. The list of participating sellers is available on the agricook.it site.

14.6 AGRICOOK reserves the right to unilaterally modify, suspend, or terminate the loyalty points accumulation program at any time without incurring any liability. In this case, AGRICOOK will inform USERS by email and/or by posting on the Agricook.it Site, indicating the new terms and conditions of the loyalty program and/or the terms of termination of the loyalty program.

14.7 Concerning the loyalty program, AGRICOOK is solely obligated to correctly assign loyalty points and cannot be held responsible for their incorrect or improper use by USERS and/or SELLERS.

15. Declarations and Warranties of Producers

15.1 Producers declare and guarantee that all information relating to products offered for sale through the AGRICOOK platform is accurate, complete, not misleading, and complies with current regulations. In particular, producers guarantee that:

  • All statements regarding organic products comply with applicable European Union and national regulations.
  • All information relating to controlled and guaranteed designations of origin is correct and complies with current regulations.
  • No product offered for sale contains misleading or false information regarding its composition, origin, quality, or other essential characteristics.

16. Compliance Obligations

16.1 Producers are obliged to comply with all applicable local, national, and international regulations for products offered for sale through the AGRICOOK platform. In particular, producers undertake to comply with regulations related to the production, labeling, marketing, and sale of food and beverages, including but not limited to:

  • Regulations on organic products.
  • Regulations on controlled and guaranteed designations of origin.
  • Food safety regulations.
  • Consumer protection regulations.

17. Additional Liability Limitations

17.1 AGRICOOK will not be liable in any case for:

  • Any damages or losses resulting from the use of products purchased through the platform, except in cases of willful misconduct or gross negligence by AGRICOOK.
  • Any violations of applicable regulations by producers.
  • Any false or misleading information provided by producers regarding products offered for sale through the platform.

17.2 In any case, AGRICOOK's overall liability to the USER in relation to any claim arising from the use of the platform or the purchase of products through the platform will be limited to the amount paid by the USER for the products subject to the claim.

18. Dispute Resolution, Jurisdiction, and Applicable Law

18.1 The jurisdiction applicable to sales contracts concluded through the agricook.it website is that of the USER's place of residence or domicile. For dispute resolution, it is possible to resort to the mediation procedures provided for by Legislative Decree 4 March 2010, n. 28. It is also possible to promote the extrajudicial resolution of disputes using the conciliation service provided by RisolviOnline of the Chamber of Arbitration of the Chamber of Commerce of Milan.

18.2 Orders placed under these Sales Conditions are governed by Italian law, in particular, by the Civil Code, Legislative Decree 6 September 2005, n. 206, and Legislative Decree 9 April 2003, n. 70.

18.3 In case of conflict between versions of the Sales Conditions prepared in a language other than Italian and accepted by the USER, the meaning and interpretation of the Sales Conditions in Italian will prevail.