Conditions of Sale "Consumer Information"

The reference legislation

AgriStore di Cosenza V. informs that the sale of its catalog items is carried out in full compliance with current e-commerce regulations, in particular:

  • Italian Civil Code, specifically Articles 1496-bis and following regarding consumer contracts;
  • Legislative Decree 50/92 on contracts negotiated outside commercial premises;
  • Legislative Decree 185/99

implementing Directive 97/7/EC on consumer protection in distance contracts.

We remind that, according to Articles 3-4 of Legislative Decree of May 22, 1999, No. 185, the consumer must receive from the supplier, in writing (or on another durable medium available and accessible to them), in good time and before concluding any fixed-term contract, the following information:

(Article 3)

a) the identity of the supplier and, in the case of prepayment contracts, the supplier’s address;

b) essential characteristics of the goods or services;

c) price of the goods or services, including all applicable taxes and fees;

d) delivery charges;

e) payment methods: Postepay recharge, PayPal, bank transfer in advance, cash on delivery, and installment payment.

Delivery method for the goods or services and all other forms of contract execution, which takes place within 5–6 working days (1–2 days for packaging and 3–4 days from pickup), although this may be longer for islands. Some types of products (as indicated on individual product pages) are not immediately available and may require additional days. Upon delivery, it is essential to carefully inspect the parcel and report any packaging anomalies to the courier.

Delivery times for European countries

  • Austria 72/120h
  • Belgium 72/120h
  • France 72/120h
  • France (Corsica) 72/120h
  • Germany 72/120h
  • Great Britain 72/120h
  • Great Britain (Islands, Scotland, Northern Ireland) 96/120h
  • Luxembourg 72/120h
  • Spain 72/120h
  • Spain (Balearic Islands) 96/120h

f) the existence or exclusion of the right of withdrawal, pursuant to Article 5, paragraph 3;

g) the method and timing of returning or collecting the goods in the event of withdrawal;

h) the cost of using the means of distance communication, if calculated on a basis other than the standard rate;

i) the validity period of the offer and the price;

l) the minimum duration of the contract in the case of continuous or periodic supply of products or services;

m) Discount coupons will only be applied to non-discounted products.

Right of Withdrawal (Legislative Decree no. 206/2005)

Pursuant to Article 5, the consumer has the right to withdraw from any distance contract, without penalty and without specifying the reason, within 10 working days, for goods, from the day they are received by the consumer.

How to exercise the right of withdrawal (Legislative Decree no. 206/2005)

  • The right of withdrawal is exercised by sending, within the prescribed period, a written notice to the supplier's registered address by registered letter with return receipt. The communication may also be sent, within the same timeframe, by telegram, telex, or fax, provided it is confirmed by registered letter with return receipt within the following 48 hours.

    The letter must specify the bank details where the customer wishes to receive the refund of the amount paid for the purchase of the goods.
  • If the goods have been delivered, the consumer is required to return them or make them available to the supplier or a person designated by the supplier, according to the terms and conditions specified in the contract. The return period must not be less than ten working days from the date of receipt of the goods.

    The customer must return the products intact and in their original packaging along with the invoice or receipt, if provided.
  • The only cost the consumer must bear for exercising the right of withdrawal, as required by law, is the direct cost of returning the goods to the sender, if expressly provided by the distance contract.

    Shipping from the customer to the supplier is at the customer’s expense and under their responsibility.
  • If the right of withdrawal is exercised in accordance with the terms of this article, the supplier is required to refund the sums paid by the consumer. The refund will be issued free of charge, as soon as possible and in any case within fourteen days from the date of the withdrawal notice or from the moment the returned goods are received at the warehouse.

To exercise this right, the customer must send a written notice (Registered Letter with Return Receipt) to:

AgriStore di Cosenza Vincenzo
Via G. Amendola, 146
87011 Cassano allo Ionio (CS)

To exercise your right, you may also use the standard form: download it here

following the provisions of Legislative Decree No. 206/2005.

AgriStore di Cosenza V. will accept returned goods subject to verification that the products have been returned in their original condition and packaging. It is advisable to wrap the product’s original packaging in additional protective material to preserve its integrity and protect it from labels or writing.

Discounts and promotions: the provisions of the Consumer Code in force from July 1, 2023.

On July 1, 2023, the provisions of Legislative Decree No. 26 of March 7, 2023 (amending the Consumer Code) regarding price reduction announcements came into force, ensuring greater transparency and consumer protection. The new regulation applies to both online and in-store sales.

What's changing: with the new regulation, each price reduction announcement must indicate not only the discounted selling price due to the promotion but also the lowest selling price applied to all consumers in the 30 days prior to the price reduction.

The website must therefore display the discounted selling price and the lowest price applied to all consumers in the 30 days prior to the reduction, specifying the percentage discount.

In addition to applying discounts, promotions, and price reduction announcements, the website may also display the manufacturer's recommended retail price (RRP) next to the selling price, specifically identified to distinguish it from promotional initiatives.

The lowest price shown in the previous 30 days is excluded in the following cases:

  • New product launches,
  • Below-cost sales.

Legal guarantee

What is the legal warranty?

The legal warranty of conformity is provided for by the Consumer Code (Articles 128 et seq.) and protects consumers in the event of the purchase of defective products, items that malfunction, or do not match the use declared by the seller or the use for which the product is generally intended.

Who can it be claimed against?

The consumer can exercise their rights regarding the legal warranty of conformity by contacting the seller of the product, even if the seller is not the manufacturer.

What does the legal warranty cover?

If a product has a conformity defect, the consumer has the right to request, at their choice, the repair or replacement of the defective product by the seller, free of charge, unless the requested remedy is impossible or disproportionately expensive compared to the other option. If repair or replacement is not possible, the consumer is entitled to a price reduction or a refund proportional to the value of the product, upon returning the defective item to the seller.

How long does the legal warranty last?

The legal warranty is valid for two years from the date of delivery and must be claimed by the consumer within two months of discovering the defect. It is therefore essential to keep proof of purchase (receipt or sales slip, preferably photocopied, as thermal paper may fade over time). Any clauses in contracts or general conditions that limit or exclude the duration of the legal warranty may be considered unfair terms under Article 33, paragraph 2, letter b) of the Consumer Code.

Seller’s obligations

The seller must:

  • Take back the defective product to verify whether the malfunction is due to a conformity defect. Specifically: (i) for defects appearing within the first six months from the date of delivery, the check is always at the seller’s expense, as it is presumed the defect existed at the time of delivery; (ii) afterward, if the malfunction is not due to a conformity defect, the seller may ask the consumer to cover the cost of the check — provided it is reasonable and pre-communicated.
  • If a conformity defect is confirmed, carry out the repair or replacement within a reasonable time after the request, without charging any fees to the consumer.

Difference between legal and commercial warranties

Commercial warranties, whether free or paid, offered by the manufacturer or seller, do not replace or limit the legal warranty of conformity. They may differ in terms of scope and/or duration. Anyone offering a commercial warranty must always clearly state that it is separate from and additional to the legal warranty that protects consumers.

After-Sales Service and Complaints Management

Our After-Sales Service, with helpful and specialized staff, handles all issues that may arise from the time the product leaves our warehouse and for the entire duration of the warranty. Contact our After-Sales Service.

Regarding Complaints Management, please specify:

  • Product name
  • Date of purchase and order or invoice number
  • Problem encountered

In the event of a dispute, the competent court for initiating proceedings is that of Castrovillari (CS). Even if involving foreign citizens or goods supplied abroad, all disputes are governed by Italian law.

Pursuant to art. 14 of Regulation 524/2013, users are informed that in the event of a dispute, they may submit a complaint via the European Union ODR platform, which can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform is an access point for users who wish to resolve disputes arising from online sales or service contracts out of court. For further information, please contact: (merchant's email address).

According to Article 49, paragraph 1, letter V of Legislative Decree no. 6 September 2005, 206 (Consumer Code), the customer can avail of the Joint Conciliation procedure.

The procedure can be initiated if the consumer, after having submitted a complaint to the company, within 45 days, has not received a response or has received a response that he or she does not consider satisfactory.

The customer who decides to avail of the Joint Conciliation procedure is obliged to send the request to the address: conciliazione@consorzionetcomm.it or to the fax number 02/87181126. For further information, please refer to:

https://www.consorzionetcomm.it/spazio-consumatori/segnalazioni/conciliazione-paritetica/

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