Terms and conditions of service
Avocado del Vulcano
All orders placed online with Avocadodelvulcano.it are governed by these General Terms and Conditions of Sale (hereinafter, the "General Terms and Conditions"), drawn up in accordance with the Italian and European legislation applicable to distance contracts and electronic commerce, with particular reference to Legislative Decree No. 206 of 6 September 2005 (the "Consumer Code"), where applicable, and Legislative Decree No. 70 of 9 April 2003.
By submitting an order, the Customer declares that they have read, understood and accepted these General Terms and Conditions of Sale. Avocado del Vulcano reserves the right to amend these General Terms and Conditions of Sale at any time by publishing a new version on the website www.avocadodelvulcano.it (hereinafter, the "Site").
The applicable General Terms and Conditions of Sale are those in force when the order is placed. Any subsequent amendments shall not affect orders already placed and accepted.
These General Terms and Conditions are intended to govern the distance purchase of products made available through the Site, in accordance with applicable Italian and European law.
The Site is owned by Avocado del Vulcano Società Semplice Agricola, with registered office at Strada Passo del Fico SNC, 95121 Catania (CT), VAT number 06058410876, email info@avocadodelvulcano.it, telephone +39 335 619 7893 (hereinafter also "Avocado del Vulcano" or the "Seller").
The Customer is required to read the General Terms and Conditions carefully before submitting the order. These General Terms and Conditions are made available on the Site avocadodelvulcano.it to enable their consultation, reproduction and storage.
For the purposes of these General Terms and Conditions, "Customer" means the person who purchases the products through the Site. If the Customer acts for purposes unrelated to their entrepreneurial, commercial, craft or professional activity, the mandatory provisions set forth in the Consumer Code shall apply to them.
Contracts concluded with Avocado del Vulcano through the website www.avocadodelvulcano.it are governed by these General Terms and Conditions in accordance with Italian law.
PURCHASE PROCEDURE AND CONCLUSION OF THE CONTRACT
The price of the various products, together with their descriptions and characteristics, is stated on the page relating to each category and, in detail, on each product page.
To purchase the products, the Customer must add the product to the "cart" and then complete and submit the order form electronically, following the instructions provided on the Site.
Before submitting the order, the Customer is required to review these General Terms and the Privacy Notice, as well as verify the accuracy of the selected products, their prices, quantities, shipping and billing details, and any applicable costs.
The Customer must enter the shipping details and, where requested or necessary, the billing details, select the desired payment method and confirm the order.
Reviewing the Privacy Notice does not constitute consent to the processing of personal data. The data necessary for order management, delivery, invoicing and compliance with legal obligations are processed in accordance with the legal bases indicated in the Privacy Notice. Any consent for additional purposes, such as marketing or promotional communications, where required, will be obtained separately.
The order confirmation constitutes a contractual offer, and by means thereof the Customer acknowledges and declares that they have reviewed all information provided during the purchase procedure and fully accept these General Terms and the payment terms.
Submitting the order entails an obligation to pay in accordance with the methods indicated at checkout.
The contract concluded between Avocado del Vulcano and the Customer is deemed concluded upon acceptance of the order by Avocado del Vulcano. Such acceptance is communicated to the Customer by an order confirmation email.
Any automatic message that exclusively confirms technical receipt of the order does not constitute acceptance of the order where this is clearly specified in the communication itself.
PRICES
Product prices are stated in euros. The prices applicable to the products ordered are those indicated on the Website at the time the order is submitted. These prices are inclusive of VAT, where applicable.
Avocado del Vulcano reserves the right to change product prices at any time, provided that such changes will not apply to orders already concluded.
In the event of an obvious clerical or technical error in the indication of the price or in the order calculation system, Avocado del Vulcano will promptly inform the Customer. If the order has not yet been accepted, the Seller may decline to accept it. If payment has already been made and the order cannot be fulfilled due to a manifestly recognisable error, the Customer will be informed and any amounts collected will be refunded in full, without prejudice to the rights provided by law.
For deliveries to non-EU countries or territories subject to customs formalities, customs duties, import taxes, customs charges or other costs provided for by the law of the destination country may apply. Unless otherwise indicated during the purchase process, any such charges shall be borne by the recipient. Avocado del Vulcano neither determines nor controls the amount of any customs charges applied by the competent authorities.
Shipping within Italy costs 7,50€ for orders up to 59€ and is free for orders of 60€ or more. Shipping within Europe has a variable cost, calculated at checkout based on the destination country. Any exceptions or additional costs relating to specific destinations must be clearly indicated to the Customer before the order is completed.
PRODUCT CHARACTERISTICS AND IMAGES
The visual and photographic representations of the products on the Website supplement the relevant descriptive sheet.
The photographic image of the products is intended to help customers identify the products. Due to the natural variability of agricultural products and possible changes to the design of packaging and packing materials over time, such images may not be perfectly representative of the product's characteristics and may differ in colour, shape and/or size.
In the event of any discrepancy between the image and the written product sheet, the description provided in the product sheet shall prevail.
In particular, as these are fresh agricultural products, natural variations in shape, size, colour, external appearance and degree of ripeness may occur. Such variations do not in themselves constitute a product defect where they are compatible with the nature of the product and with the qualitative, quantitative and commercial characteristics indicated in the relevant product sheet.
PAYMENT METHODS
The Customer may pay the price of the products by credit card, PayPal, Apple Pay, Google Pay and the other payment methods indicated on the Website at checkout.
Avocado del Vulcano shall not be liable for any delays, refusals or malfunctions directly attributable to the systems of payment service providers, without prejudice to the mandatory obligations and liabilities provided for by law.
ORDER MANAGEMENT
Once the order has been received, Avocado del Vulcano will verify the availability of the products and process the order as soon as possible.
If one or more ordered products are unavailable, Avocado del Vulcano will promptly inform the Customer and will not charge the price of the unavailable products or, if payment has already been made, will issue the corresponding refund using the payment method used, unless the Customer expressly accepts a different solution proposed by the Seller.
Following verification and acceptance of the order, the Customer will receive a confirmation email containing, among other information, the order number and date, a summary of the shipping details and, where applicable, the billing details, the list of products ordered with their essential characteristics, the price, any charges applied, and the total amount.
Products purchased on the Website will be delivered to the address indicated by the Customer during the purchase procedure.
INVOICING
The invoice shall be issued in the cases and in accordance with the procedures provided for by the applicable tax legislation. If the Customer requests an invoice, where applicable, the Customer shall provide all necessary information accurately and promptly during the purchase procedure.
The information provided by the Customer shall be relied upon for the issuance of the invoice. Any requests for amendments made after issuance may be accepted exclusively within the limits and in accordance with the procedures permitted by the applicable tax legislation.
DELIVERY OF PRODUCTS
All purchases will be delivered by express courier (hereinafter, the "Courier") from Monday to Friday, excluding public holidays.
Any preparation and delivery times indicated on the Website are estimates based on the normal organization of shipments and the fresh nature of the products.
As this is a fresh product, shipments are organized so as to ensure, insofar as reasonably possible, delivery within 2 days of harvesting.
Avocado del Vulcano shall not be liable for delays attributable to causes not directly imputable to the Seller, such as force majeure events, exceptional weather conditions, natural disasters, strikes, measures adopted by the authorities, interruptions to transport networks, or other unforeseeable or unavoidable circumstances, without prejudice to the mandatory provisions established by consumer protection legislation.
Unless otherwise agreed with the Customer, delivery shall in any event be carried out in compliance with the time limits provided for by applicable law.
Once the products have been shipped, Avocado del Vulcano shall send the Customer a shipping confirmation e-mail which, where available, will include a link for tracking the shipment.
In dealings with consumer Customers, the risk of loss of or damage to the products shall pass to the Customer only when the Customer, or a third party designated by the Customer other than the Courier, physically takes possession of the products, without prejudice to the cases expressly provided for by law.
Upon delivery, the Customer is invited to check the integrity of the packaging and, where possible, that the delivery corresponds to the order. Any visible anomalies may be reported to the Courier and to Avocado del Vulcano. Such verification and any failure to raise an immediate objection with the Courier do not result in the consumer losing the mandatory rights granted by law.
DAMAGED, NON-CONFORMING OR INCORRECT PRODUCTS
If the Customer receives incorrect, damaged, abnormally deteriorated or otherwise non-conforming products, the Customer is invited to contact Avocado del Vulcano promptly at info@avocadodelvulcano.it, indicating the order number and describing the problem encountered.
In view of the perishable nature of the products, the Customer is invited, where possible, to attach photographs of the packaging and the products concerned at the time of opening the package. This request is intended to enable the complaint to be verified promptly and does not prejudice the mandatory rights granted to consumers under applicable law.
If the complaint is found to be justified, Avocado del Vulcano shall, in accordance with applicable law and taking into account the nature of the product, provide for replacement, a price reduction, a refund or any other remedy provided for by law.
LIABILITY
Avocado del Vulcano shall be liable for the performance of the contract within the limits provided for by applicable law. No provision of these General Terms and Conditions may be construed as excluding or limiting the mandatory rights granted to the consumer Customer by law.
Avocado del Vulcano shall not be held liable for the failure or delay in performing its obligations when this is caused by events of force majeure or other circumstances not reasonably controllable by the Seller, without prejudice to the obligation to inform the Customer and, where possible, to adopt reasonable measures to mitigate the effects of the event.
Any limitation of liability that is not permitted by applicable mandatory legislation is excluded in any event.
RIGHT OF WITHDRAWAL
The right of withdrawal and the conditions for its exercise are governed by the specific Withdrawal and Refund Policy available on the Website, which the Customer is invited to consult before making a purchase.
Any exclusions from the right of withdrawal provided for by applicable legislation with reference to the nature of the products purchased shall remain unaffected.
PRIVACY
The personal data provided by the Customer are processed by Avocado del Vulcano in compliance with Regulation (EU) 2016/679 ("GDPR") and applicable national legislation, as described in the Privacy Notice published on the Website.
The Customer is invited to review the Privacy Notice before submitting the order.
COMPLAINTS AND ASSISTANCE
For information, assistance or complaints relating to an order, the Customer may contact Avocado del Vulcano at the email address info@avocadodelvulcano.it or at the number +39 335 619 7893.
Avocado del Vulcano undertakes to examine the reports received and to respond as soon as reasonably possible.
APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions and the contracts concluded through the Website shall be governed by Italian law, without prejudice to any mandatory rights granted to the consumer under applicable legislation.
If the Customer qualifies as a consumer pursuant to the Consumer Code, the court of the place of residence or domicile of the consumer shall have jurisdiction over any dispute relating to the interpretation, performance or termination of the contract, as provided by applicable legislation.
If the Customer does not qualify as a consumer, the Court of Catania shall have jurisdiction over any dispute, unless otherwise agreed in writing between the parties or otherwise mandatorily provided by law.
FINAL PROVISIONS
The possible nullity, invalidity or unenforceability of any individual provision of these General Terms and Conditions shall not, where permitted by law, result in the nullity or unenforceability of the remaining provisions.
To the extent not expressly governed by these General Terms and Conditions, the provisions of applicable Italian and European legislation shall apply.
