Terms and conditions of sale

Premise
These terms and conditions of sale and use of the site (“Terms”) govern:
– the user’s use of the website hosted at www.russadeiboschi.com (“Site”); – the purchase and delivery of products made through our Site. The products purchased on the Site (“Products”) are sold directly by Azienda Agricola Russa dei Boschi di Polizzi Patrizia (“Seller”), with registered office in Via Brinzio, 20 – 95022 Acicatena (CT), Italy – VAT 04300660877.

In welcoming you to our Site, we encourage you to read these Terms carefully before continuing to access or use them, which apply to all visitors and/or users of the Site. By accessing or using the Site you confirm that you agree to these Terms and express your willingness to be bound by them. If you do not agree and/or agree to these Terms, you will not be able to use this Site and we therefore encourage you to cease using this Site immediately.

These Terms, in addition, together with your Order Confirmation, constitute the contract between the parties relating to the purchase of the Products and to which different terms or conditions will not apply. By confirming that you have read and accepted these Terms at the time you place an Order through our Site, you confirm that you accept them unconditionally. The contract may be amended only by a reciprocal agreement in writing or by e-mail.

If you need more information, remember that you can always contact Russa dei Boschi, by e-mail at info@russadeiboschi.com or by phone at +39 348 9281987.

1. Our trade policy

1.1 The Seller offers the products for sale on the Site and carries out its e-commerce activities exclusively towards its end users both as “consumers” pursuant to D. Lgs. 206/2005 (Consumer Code) and as professional operators, under any legal form.
1.2 When we speak of “consumer” we refer to any natural person acting on the Site for purposes not related to their commercial, entrepreneurial or professional activity, possibly carried out.
1.3 In view of its commercial policy, the Seller reserves the right not to accept orders that do not comply with the same. In general, the Seller reserves the right to refuse orders or the provision of services to anyone at any time.
1.4 To place orders on the Site, the end user must be of legal age, meet the necessary requirements to enter into legally binding contracts, have a valid email address and have a verified PayPal account or a credit card or bank account (the method of payment by credit card or bank transfer can only be used for orders sent by email to info@russadeiboschi.com as further specified in art. 8.2).
1.5 These General Conditions of Sale exclusively regulate the offer, the forwarding and the acceptance of purchase orders of products on russadeiboschi.com between users and the Seller.

2. Functionality and purpose of the Site

2.1 We use our Site to promote and provide information about the activity, the Products of Russia of the Woods, as well as to sell the products through the “Shop” section of the Site.

3. Our Privacy and Cookie Policy

3.1 Access to certain sections of the Site, as well as the use of certain features of the Site, such as the request for information or sending newsletters, may involve the collection and processing of certain personal data. For general information on the processing of personal data by Russa dei Boschi through the Site, including with regard to cookies, please read our Privacy and Cookie Policy.
3.2 By using the Site, you acknowledge and agree that communications made via the Internet are never completely confidential and secure and that any information or message sent to the Site may be read or intercepted by persons other than the legitimate recipients, even in the presence of any notices specifying that a particular transmission is encrypted. If you do not agree with our privacy policies and/or do not intend to accept them, please stop using our Site immediately.

4. Registration and Personal Account

4.1 In order to conclude the purchase contract, you must register and open an account (“Account”) by entering all the required data in the appropriate section of the Site.
4.2 Please note that you will be responsible for all activities carried out through your Account (including, for example, any purchase of our Products made through your Account) and we therefore encourage you to keep your access data accurate and confidential and to ensure that third parties do not use your Account without your consent.
4.3 Russo dei Boschi may cancel or suspend your Account at any time and without notice if (i) you reasonably believe that you are using the Account in violation of these Terms, (ii) reasonably believes that a third party is using your Account without your consent, or (iii) reasonably considers it necessary to cancel or suspend your Account for security or maintenance purposes.
4.4 The personal data you enter for the purpose of registering your Account, and in general the personal data collected through the Site, are processed in compliance with the General European Regulation for the protection of personal data 2016/679 (General Data Protection Regulation or GDPR) according to the detailed provisions in our Privacy Policy that we invite you to consult and that you will be invited to confirm that you have read and accepted at the time of data provision.

5. Conclusion of the contract

5.1 To conclude the contract to purchase one or more products on the Site, after adding the products to the cart, you must follow the instructions for the check out procedure indicated on the relevant page, indicating the billing data, the shipping address the payment and finally confirming the sending, electronically, the order form.
5.2 In the order form, displayed immediately before the conclusion of the purchase contract, we will provide you with summary information about the essential characteristics of your order The contract is concluded when the Seller receives, online, your order form, after checking the correctness of the data related to your order.
5.3 The order form will be stored in our database for the period of time necessary for the processing of orders and in any case within the terms of law. You can access your order form by consulting the “Orders” section.
5.4 If you wish to cancel your order, you must write an email exclusively to info@russadeiboschi.com indicating in the cancellation email the order number assigned at the end of the purchase process. The purchase order can only be cancelled until the Products ordered have been delivered to the courier for shipment. If the cancellation is no longer possible because the Products have already been shipped, the Seller will immediately notify the customer by email of the impossibility of proceeding with the cancellation.
5.5 When you submit the order form, you will be advised that this forwarding implies the obligation to pay the indicated price. Before proceeding with the transmission of the order form, it is the responsibility of the customer to verify the correctness of the data entered.

5.6 The languages available to conclude the contract with the Seller are Italian and English.
5.7 Once the contract is concluded, Russa dei Boschi will take care of your purchase order.
5.8 The Seller may refuse your purchase orders that do not provide sufficient guarantees of solvency or that are incomplete or incorrect or in the event of unavailability of the products.
5.9 In these cases, we will inform you by e-mail that the contract is not concluded and that the Seller has not followed up your purchase order specifying the reasons.
5.10 If the products presented on the Site are no longer available or on sale at the time of your last access to the Site or the sending of the order form, the Seller will notify you promptly and in any case within thirty (30) days from the day after you have sent your order to the Seller, the possible unavailability of the products ordered.
5.11 In the event of the unavailability of products already paid, the Seller will refund, without undue delay, what you have already anticipated and the contract will be considered terminated between the parties.
5.12 By transmitting the order form electronically, you unconditionally accept and undertake to observe, in relations with the Seller, these General Conditions of Sale and confirm that you know and accept the additional information contained on the Site. If you do not agree with some of the terms set out in the General Conditions of Sale, please do not submit the order form to purchase the products on the Site.

5.13 Once the contract has been concluded, the Seller will send you, by e-mail, a receipt of the purchase order and from that moment the order will not be modified.
5.14 We remind you that the product you purchase is intended exclusively for the country in which you place the order (Italy); therefore, if you decide to enter the product in a different country, you are responsible for the entry and you are required to follow the applicable regulations and restrictions both for the export from the country where you purchased the item and for the import in the country where you intend to bring it and Russa dei Boschi declines from now on any responsibility in merit.
5.14 The Seller also accepts that the purchase order is sent by email to info@russadeiboschi.com. In this case, once the order has been received, the Seller will request the billing, shipping and payment details and confirm the availability of the products. Once these data have been received, the Seller will send you by email the order confirmation with the summary of the products purchased.

6. Guarantees and indications on price

6.1 Only Luteraia branded products are offered for sale on the Site, for which the Seller guarantees quality and authenticity.
6.2 The essential characteristics of the products are presented on the Site within each product sheet. However, the images and colours of the products offered for sale on the Site may not be the same as the actual ones due to the effect of the Internet browser and the monitor used.
6.3 Orders are invoiced in Euro and correspond to the prices in Euro shown on our website. The amount that will be charged to your credit card or your Paypal account or your bank account may vary because it is based on floating exchange rates and bank fees. The Seller invites customers to contact their bank to request detailed information on exchange rates and bank fees related to their transaction.

7. Shipping methods, times and costs

7.1 The products are shipped to Italy by courier that guarantees delivery within 24 hours. For this reason it is not possible to choose a specific courier at the time of order and it is not possible to request delivery with a firm deposit at post offices.
7.2 During the order it is important to indicate a correct telephone number (landline or mobile phone number), to facilitate the resolution of the delivery practice.
7.3 It is important to indicate a delivery address where there is someone who can pick up the goods. In addition, it is important to always indicate the surname on the intercom.
7.4 Please do not enter a PO BOX in the address field, as the courier would be unable to deliver the goods purchased. Therefore, a physical delivery address must be entered. In case of deliveries made at receptions (with signature for collection by the receptionist), Russa dei Boschi will not be responsible for subsequent non-delivery of the package to the final recipient.
7.5 The Seller shall not be liable for any delays due to the execution of the transport service by the courier services. Any delays on the part of the courier do not give the right of withdrawal from the purchase or to claim damages.
7.6 SHIPPING AND HANDLING COSTS
Shipments can only be made in Italy. The shipping cost will be calculated directly by the system based on the destination location and weight.
7.7 DELIVERY TIMES

Italy (including the islands)
Delivery normally takes place within 2-7 days, starting 24 hours from the date of registration of the order. Any delay in delivery may be caused by the temporary unavailability of the products, by malfunctions in the service by the courier, by force majeure or in case of holidays. In case of purchase by credit card or PayPal or bank transfer, the delay in shipping may be caused by the impossibility of withdrawing the amount authorized for payment. If, after 7 working days (excluding Saturday and Sunday), the goods have not yet been received, please call +39 348 9281987 or contact customer service at info@russadeiboschi.com.
ABROAD
Delivery normally takes place within 1 week, starting 24 hours from the date of registration of the order. Any delay in delivery may be caused by the temporary unavailability of the products, by malfunctions in the service by the courier, by force majeure or in case of holidays. In case of purchase by credit card or PayPal or bank transfer, the delay in shipping may be caused by the impossibility of withdrawing the amount authorized for payment. If you have exceeded 8 working days (excluding Saturday and Sunday) you have not yet received the goods, please call +39 348 9281987 or contact customer service at info@russadeiboschi.com.

8. Payment

8.1 For the payment of the price of the products and the related shipping and delivery costs you can follow one of the methods indicated in the order form. In no case will you be charged any costs higher than those actually incurred by the Seller, in relation to the payment instrument of your choice.
8.2 The following forms of payment are accepted:
Payment by credit card by means of paypal
Since all transactions are processed by Paypal, Customers of the Site are guaranteed maximum security on purchase.
Payment by verified paypal account
The customer can pay directly through your PayPal verified account. The Site accepts only Paypal payments from verified accounts and reserves the right to ship the goods to the address indicated on the account verified by Paypal. Payments sent from unverified Paypal accounts will be cancelled.

PAYMENT BY CREDIT CARD
The customer can also pay by credit card, but only by placing the order by email to info@russadeiboschi.com and after completing and signing the authorization form to charge credit card sent by the Seller. In case of payment by credit card, the financial information (for example, the credit/debit card number or the date of its expiry) will be forwarded, through secure protocols to the credit institutions involved in the financial transaction, providing the relevant electronic payment services at a distance, without third parties being able, in any way, to have access to them. Moreover, this information will never be used by the Seller except to complete the procedures related to your purchase and to issue refunds in the event of any product returns, following the exercise of your right of withdrawal, or if it is necessary to prevent or report to the police the commission of fraud on the Site. The price for the purchase of the products and the shipping and delivery costs, as indicated in the order form, will be charged to your credit card when the products purchased are shipped.

PAYMENT BY BANK TRANSFER
The customer can also pay by bank transfer in advance, but only by placing the order by email to info@russadeiboschi.com. In this case, the Seller will provide the Customer with the necessary data to make the payment by bank transfer (IBAN, order number, etc.) and, once confirmation of the credit, will ship the products purchased.

09. Right of withdrawal

09.1 You have the right to withdraw from the contract concluded with the Seller, without charge of any penalty and without specifying the reason, within fourteen (14) days, starting from the day of receipt of the products purchased on the Site.
09.2 In some specific cases it will not be possible to exercise the right of withdrawal, as provided by art. 59 of D.Lgs. 206/2005 (Consumer Code). For example, it will not be possible to withdraw from the purchase made when the order concerns Products:

• sealed which cannot be returned for reasons of hygiene or health protection or which have been opened after delivery,
• which may deteriorate or expire rapidly;
• made to measure or clearly customized.
  09.3 Pursuant to the previous paragraph, we therefore specify that among the Products that “risk to deteriorate or expire rapidly” and that “do not lend themselves to being returned for hygienic reasons” are all food products (including wines, spirits and beverages)as the characteristics and qualities of these types of products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and protection of customers, the right of withdrawal is applicable only for products purchased on the Site for which the right of withdrawal is not excluded as a result of their nature.

09.4 To withdraw from the contract you can use the Return Form conforming to the standard form (pursuant to art. 49, paragraph 4 of the Consumer Code) found at the bottom of the site “Right of withdrawal”, to be printed by the customer, fill in, subscribe and send to the Seller exclusively by email to info@russadeiboschi.com.
09.5 The Seller will send confirmation by email of receipt of the return request.
09.6 If the customer chooses, instead, to send another declaration of withdrawal, the burden of proving the correct and timely exercise of the right of withdrawal, will be borne by the customer.
09.7 Once the withdrawal from the contract has been exercised, the customer must return the products to the Seller and deliver them to the courier for shipment within fourteen (14) days from the moment the decision to withdraw from the contract has been communicated to the Seller.
09.8 In case of return, the only costs to be borne by the customer are those of returning the purchased products.
09.9 The right of withdrawal – in addition to compliance with the terms and conditions described in the previous points – is intended to be exercised correctly if the following conditions are fully respected:
a) the Return Form (or other written and explicit declaration of the customer’s decision to withdraw from the contract) must be correctly completed and sent to the Seller at the dedicated email address, no later than fourteen (14) days after receipt of the Products;
b) the Products must not have been used;
c) Products must be returned in their original packaging;
d) the returned Products must be delivered to the courier no later than fourteen (14) days after the decision to withdraw from the contract has been communicated to the Seller;
e) Products must not be damaged.

09.10 If the right of withdrawal is exercised following the methods and terms indicated above, the Seller will refund, with the same method of payment and unless the customer has expressly agreed with the Seller to use a different means of payment, any sums already collected for the purchase of the products in the shortest possible time and, in any case, within fourteen (14) days from the date on which the Seller became aware of the exercise of the right of withdrawal of the customer, subject to the provisions of art. 56 paragraph 3 of the Consumer Code.
09.11 If the terms and conditions for the exercise of the right of withdrawal are not respected, (Article 10.9), the customer shall not be entitled to reimbursement of the sums already paid to the Seller. Within 14 days from the sending of the email with which the non-acceptance of the return will be communicated, the customer may choose to regain, at his expense, the Products in the state in which they were returned to the Seller, giving notice to the Seller, in accordance with the procedures to be communicated on that occasion. Otherwise, the Seller may withhold the products, in addition to the sums already paid for their purchase.
09.12 If there is no correspondence between the recipient of the Products indicated in the order form and who has paid the sums due for their purchase, the refund of the sums, in case of exercise of the right of withdrawal, will be made by the Seller, in any event, against whom the payment was made.
09.13. However, it is the responsibility of the customer to verify the status of the packaging and the Products delivered by the courier and refuse delivery when there are obvious signs of damage. If the customer does not check the condition of the packaging upon delivery, the Seller cannot be held responsible for any damage and/or defect subsequently found due to the transport.

10. Property, Copyright & Trademark

10.1 The Site and all its contents are the property of Russa dei Boschi.
10.2 This includes documentation, images, fonts, design. The material contained in the website is copyrighted.
10.3 Any reproduction, alteration, transmission, publication or redistribution to third parties, for commercial purposes, is strictly prohibited without the express written consent of Russa dei Boschi.

11. Exemption from liability

11.1 Russa dei Boschi publishes information on its website in order to provide a service to its customers, however declines any responsibility for the possibility of any technical or factual inaccuracies and/or typographical errors for which it is intended, following an alert, immediate correction.
11.2 Russa dei Boschi also reserves the right to make corrections and changes to the site whenever it deems necessary without prior notice.
11.3 Russa dei Boschi does not offer any guarantee on the conformity of the information published on its website with the laws established by the jurisdiction of the Customer’s country of residence other than the Italian one.
11.4 Russa dei Boschi declines all responsibility for any problems, damages or risks that the user may encounter while using the site.
11.5 Russa dei Boschi declines all responsibility for any malfunction related to the deactivation of cookies in the user’s browser.

12. Modifications and updates

12.1 Russa dei Boschi reserves the right to rectify/revise the terms and conditions contained in this legal notice, by updating it, whenever it deems appropriate, without any obligation to give notice.
12.2 You must abide by the terms contained in this legal notice, periodically checking for updates, changes and corrections.

13. Applicable law and dispute resolution

13.1 The General Conditions of Sale are governed by Italian law and in particular by Legislative Decree no. 206 of 6 September 2005 (Consumer Code), Chapter I “Consumer rights in contracts”with specific reference to the law on distance contracts and Legislative Decree No. 70 of 9 April 2003 on certain aspects concerning electronic commerce.
13.2 By accessing the Site, users also declare that they are subject exclusively to the jurisdiction of the Court of Taranto, except as provided for the consumer by art. 66-bis of the Consumer Code.
13.3 Access to the Site from places where its contents are considered illegal is expressly prohibited. Users who choose to access the Site from such countries are fully aware of the legal consequences and penalties they may incur and will be solely responsible for compliance with local laws.

14. Dispute resolution procedure via On-line Dispute Resolution Platform (“ODR”)

Pursuant to art. 14 of EU Regulation 524/2013, customers resident in States belonging to the European Union may, for the resolution of disputes relating to the online services offered by this Site, use the Online Dispute Resolution (ODR) procedureplanned by the European Commission. More information can be obtained at the following link: https://ec.europa.eu/consumers/odr/ or on the website https://www.risolvionline.com.