Term and conditions
These Terms govern the use of this Application and any other Agreement or legal relationship with the Owner in a binding manner. Capitalized expressions are defined in the relevant section of this document.
The User is requested to read this document carefully.
Although the contractual relationship relating to the purchase of such Products is concluded exclusively between the Owner and the Users, the Users acknowledge and accept that, if the provision of this Application has occurred through the Apple App Store, Apple may exercise rights deriving from these Terms as a third party beneficiary.
This Application is a service of:
Brandini Farm, Brandini Fraction, 16 - 12064 La Morra (CN) brandini@agricolabrandini.it
What you need to know at a glance
Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or only to Users who do not qualify as Consumers. Such limitations are always explicitly mentioned in each affected clause. In the absence of mention, the clauses apply to all Users. The use of this Application and the Service is reserved to Users of legal age according to the applicable law. The right of withdrawal applies only to European Consumers.
TERMS OF USE
Unless otherwise specified, the terms of use of this Application set out in this section are generally applicable.
Additional conditions of use or access applicable in specific situations are expressly indicated in this document.
By using this Application the User declares to satisfy the following requirements:
There are no restrictions on Users as to whether they are Consumers or Professional Users; The User is of legal age under applicable law; The User is not located in a country subject to a U.S. government embargo or a country listed by the U.S. Government as a "terrorist sponsoring" state; The User is not listed on any U.S. Government list of prohibited parties;
Registration
To use the Service, the User can open an account by indicating all the data and information requested in a complete and truthful manner. It is possible to use the Service even without registering or creating an account. In this case, however, certain functions may not be available.
It is the Users' responsibility to keep their login credentials safe and confidential. To this end, Users must choose a password that corresponds to the highest level of security available on this Application.
By creating an account, the User agrees to be fully responsible for any activity carried out with his/her access credentials. Users are required to inform the Owner immediately and unambiguously via the contact details indicated in this document if they believe that their personal information, such as the User account, access credentials or personal data, have been violated, unlawfully disclosed or stolen.
Account Closure
The User is free to close his/her account and stop using the Service at any time, following this procedure: By contacting the Owner at the contact details in this document. Suspension and cancellation of accounts The Owner reserves the right to suspend or cancel a User's account at any time at its sole discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.
Suspension or cancellation of the account does not give the User any right to compensation, refund or compensation.
Suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.
Content on this Application Unless otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Application does not violate applicable law or third-party rights. However, it is not always possible to achieve this result. In such cases, without prejudice to the rights and claims legally enforceable, Users are requested to address the related complaints to the addresses specified in this document.
Rights to the contents of this Application The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents.
Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.
In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on this Application, nor from allowing third parties to undertake such activities through their User account or device, even without their knowledge.
Where expressly indicated on this Application, the User is authorized to download, copy and/or share certain content available on this Application exclusively for personal and non-commercial purposes and provided that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Owner.
The limitations and exclusions provided for by copyright law remain unchanged.
Content provided by Users The Owner allows Users to upload, share or offer their own content on this Application.
By providing content to this Application, the User declares to be legally authorized to do so and confirms that such content does not violate any law and/or third party rights.
Rights on content provided by Users The User acknowledges and accepts that by providing their own content to this Application they grant the Owner, free of charge, the non-exclusive right to process the content for the purposes of operation and maintenance of this Application, as contractually provided.
To the extent permitted by law, you waive any moral rights in connection with content you provide to this Application.
Users acknowledge and accept that the content they provide through this Application will be made available under the same conditions applicable to the content of this Application.
The User is solely responsible for the content uploaded, published, shared or otherwise provided to this Application.
User acknowledges and accepts that Owner filters or moderates such content after it has been made available.
Therefore, the Owner reserves the right to refuse, remove, delete or block such content at its sole discretion and to deny access to this Application without notice to the User who uploaded it if it believes that the content violates these Terms, applicable legal provisions or third party rights or otherwise represents a risk for Users, third parties, the Owner itself or the availability of the Service.
The removal, deletion or blocking of content does not justify any claim for compensation, reimbursement or indemnity by the Users who provided such content.
Users agree to hold the Owner harmless from and against any claims made and/or damages suffered due to content provided by them to or offered through this Application.
Access to external resources Through this Application, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
The conditions applicable to resources provided by third parties, including those applicable to any possible grant of rights in content, are determined by those third parties and governed by their terms and conditions or, in the absence thereof, applicable law.
Permitted use
This Application and the Service may only be used within the purposes for which they are offered, under these Terms and applicable law.
It is the User's sole responsibility to ensure that the use of this Application and/or the Service does not violate any law, regulation or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to this Application or the Service, terminate contracts, report any reprehensible activity carried out through this Application or the Service to the competent authorities - e.g. judicial or administrative authorities - whenever the User engages or is suspected of engaging in:
violations of laws, regulations and/or the Terms; violations of third party rights; acts that may significantly harm the legitimate interests of the Owner; offenses to the Owner or to a third party.
TERMS AND CONDITIONS OF SALE
Paid products
Some of the Products offered on this Application as part of the service are paid. The fees, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Application. To purchase the Products, the User must register or log in to this Application.
Product Description
Prices, descriptions and availability of Products are specified in the respective sections of this Application and are subject to change without notice.
While the Products on this Application are presented with the greatest accuracy technically possible, representation on this Application through any means (including, as the case may be, graphic materials, images, colors, sounds) is intended for reference only and does not imply any guarantee regarding the characteristics of the purchased Product.
The characteristics of the selected Product will be specified during the purchase procedure.
Purchase procedure
Each step, from choosing the product to placing the order, is part of the purchasing process.
The purchasing process includes the following steps:
Users are requested to choose the desired Product and verify their purchase choice. After checking the information visible in the purchase choice, Users can place the order by forwarding it. Sending the order Sending the order involves the following:
The sending of the order by the user determines the conclusion of the contract and creates for the User the obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page. In the event that the purchased Product requires an action by the User, such as the provision of information or personal data, specifications or special requests, the sending of the order also creates for the User the obligation to cooperate accordingly. Once the order has been sent, Users will be sent a confirmation of receipt of the order. All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.
Prices
During the purchase process and before submitting the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.
Prices on this Application:
depending on the section the User is consulting, they include all applicable fees, taxes and costs or are indicated net of applicable fees, taxes and costs. Promotions and discounts The Owner may offer discounts or special promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Application.
Promotions and offers are always granted at the sole discretion of the Owner.
Repeated or periodic promotions or discounts do not constitute any claim or right that Users may assert in the future.
Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts refer to the time zone of the headquarters of the Owner, as indicated in the contact details in this document.
Good
Promotions and discounts may be offered in the form of Vouchers.
In the event of a violation of the conditions applicable to the Vouchers, the Owner may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take action in the appropriate venues, including judicial ones, in order to protect its rights and interests.
Any additional or divergent provisions applicable to the use of the Vouchers reported on the relevant information page or on the Voucher itself shall prevail in any case, regardless of the provisions that follow.
Unless otherwise specified, the following rules apply to the use of Vouchers:
Each Voucher is valid only if used in the manner and within the period of time specified on the website and/or on the Voucher; The Voucher can only be redeemed in full at the time of purchase – partial use is not permitted; Unless otherwise specified, single-use Vouchers can only be redeemed once per purchase and can therefore only be redeemed once even in the case of purchases in installments; Vouchers cannot be cumulated; The Voucher must be used within the specified validity period. Once the period has expired, the Voucher will be automatically cancelled. Any possibility of claiming rights, including the reimbursement of the value of the Voucher, is excluded; The User is not entitled to any credit/refund/compensation in the event of a difference between the value of the Voucher and the redeemed value; The Voucher is intended for non-commercial use only. Reproduction, counterfeiting and marketing of the Voucher are strictly prohibited, as is any illicit activity connected to the purchase and/or use of the Voucher.
Payment methods
Details of the accepted payment methods are highlighted during the purchase process. Some payment methods are subject to additional conditions or entail additional costs. Detailed information is provided in the relevant section of this Application. All payments are managed independently by third-party services. Therefore, this Application does not collect payment data - such as credit card numbers - but receives a notification once the payment has been successfully completed. For further information on the processing of personal data and on the related rights, the User can refer to the privacy policy of this Application.
In the event that the payment made with one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. In the event that the payment fails, the Owner reserves the right to request the User to reimburse any related expenses or damages.
Retention of title
Until the Owner has received full payment of the purchase price, the User does not acquire ownership of the Products ordered.
Contractual right of withdrawal
The Owner grants Users the contractual right to withdraw from the purchase contract according to the terms and conditions set out in the relevant section of this Application within 14 days of the conclusion of the contract.
Delivery
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
Upon delivery, Users are required to check the contents of the package and promptly report any anomalies to the contact details provided in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
Delivery may take place in the countries or territories specified in the relevant section of this Application.
Delivery times are indicated on this Application or during the purchase procedure.
Failure to deliver The Owner is not liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damages or delays occurring after delivery to a courier appointed by the User and not proposed or approved by the Owner.
In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.
Unless otherwise specified, each delivery attempt starting from the second will be at the User's expense.
USER RIGHTS
Right of withdrawal
Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.
Who has the right of withdrawal Unless one of the exceptions listed below applies, Users acting as European Consumers have the legal right to withdraw from contracts concluded online (distance contracts) within the period of time specified below for any reason and without the need for justification.
Users who do not meet these requirements do not enjoy the rights described in this section. The Consumer will be liable to the Seller only for the decrease in value of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
Exercising the right of withdrawal To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of his intention to withdraw from the contract.
To this end, the User may use the standard withdrawal form found in the definitions section of this document. However, the User is free to express his intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the withdrawal declaration before the withdrawal period expires.
When does the withdrawal period expire?
In the case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by the User and other than the courier – takes possession of the goods.
In the event of the purchase of multiple goods ordered together but delivered separately or in the event of the purchase of a single good composed of different lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by the User and other than the courier - takes possession of the last of the goods, lots or pieces.
Effects of withdrawal
The Owner will refund all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal. However, the additional cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the responsibility of the User.
The refund will be made without undue delay and in any case within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund will be made using the same means of payment used for the initial transaction. The User will not have to bear any costs as a consequence of the withdrawal.
… on contracts for the purchase of tangible goods Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorised by the latter to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.
The deadline is met if the goods are delivered to the courier or other authorized person before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.
The User is responsible for any decrease in the value of the goods resulting from use of the goods other than that necessary to establish their nature, characteristics and functioning.
Return shipping costs are the responsibility of the User.
Limitation of Liability and Indemnity
US Users
Disclaimer of Warranties The Owner provides this Application on an “as is” and “as available” basis. Use of the Service is at the User’s own risk. To the maximum extent permitted by law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
The Owner does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service connected by hyperlink. Furthermore, the Owner does not take part in or in any way monitor any transaction between Users and third-party suppliers of products or services.
The Service may become inaccessible or not function properly with the User's browser, device and/or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, arising from the content, operation or use of the Service.
Federal law, some states, and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights. Users may also have other rights which vary from state to state. The limitations and exclusions in this Agreement apply to the fullest extent permitted by law.
Limitation of Liability To the maximum extent permitted by applicable law, in no event shall the Owner, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any indirect, punitive, special, consequential or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or the User's account or the information contained therein; any errors, deficiencies or inaccuracies in any content; personal injury or property damage, of any nature whatsoever, resulting from the User's access to or use of the Service; any unauthorized access to the Owner's security servers and/or to any personal information stored therein; any interruption or cessation of transmissions to or from the Service; any bugs, viruses, Trojan horses or the like that may be transmitted to or through the Service; any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or the defamatory, offensive or illegal conduct of any User or third party. In no event shall the Owner, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount greater than the amount paid by User to the Owner in the preceding 12 months, or the term of this Agreement between the Owner and the User, whichever is shorter. This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, whether the alleged liability arises in contract, tort, negligence, strict liability or any other basis, even if you have been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, or limitations of liability in these Terms shall not apply to the extent prohibited by applicable law.
Indemnity
You agree to defend, indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, charges or debt, and expenses, including without limitation, attorneys' fees and costs, arising from: your use of or access to the Service, including any data or content transmitted or received by you; your violation of these Terms, including, but not limited to, any breach by you of any representation or warranty set forth in these Terms; your violation of any third-party right, including, but not limited to, any right of privacy or intellectual property; your violation of any applicable law, rule or regulation; any content submitted from your account, including, but not limited to, misleading, false or inaccurate information, including access by a third party using your username and password or other security measures, if any; your malicious conduct; or your or our affiliates, officers, agents, co-branders, partners, suppliers and employees' violation of any legal provision, to the extent permitted by applicable law Common Provisions No Implied Waiver The Owner's failure to assert any right or claim under these Terms does not constitute a waiver of the same. No waiver may be considered a continuing waiver of a specific right or any other right.
Service Interruption
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to the Users.
Within the limits of the law, the Owner reserves the right to suspend or completely cease the activity of the Service. In the event of cessation of the activity of the Service, the Owner will work to ensure that Users can extract their Personal Data and information and will respect the rights of Users relating to the continued use of the product and/or compensation, in accordance with the provisions of the law.
Furthermore, the Service may not be available due to causes beyond the reasonable control of the Owner, such as force majeure (e.g. infrastructural malfunctions, blackouts, etc.).
Reselling the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Application or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate reselling program.
Privacy policy Information on the processing of Personal Data is contained in the privacy policy of this Application.
Intellectual property
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyright, trademarks, patents and designs relating to this Application are held exclusively by the Owner or its licensors and are protected under applicable laws and international treaties relating to intellectual property.
All trademarks – denominative or figurative – and any other distinctive sign, company name, service mark, illustration, image or logo appearing in connection with this Application are and remain the exclusive property of the Owner or its licensors and are protected under applicable laws and international treaties relating to intellectual property.
Changes to the Terms
The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.
The changes will take effect in the relationship with the User only from the moment communicated to the User.
Your continued use of the Service constitutes your acceptance of the updated Terms. If you do not wish to accept the changes, you must stop using the Service and may terminate the Agreement.
The previous version continues to govern the relationship until the User accepts the changes. This version can be requested from the Owner.
If required by law, the Owner will communicate to Users in advance the date of entry into force of the modified Terms.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of, novate or subcontract individual or all rights and obligations under these Terms, taking into account the legitimate interests of the Users.
The provisions regarding the modification of these Terms apply.
The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.
Contacts
All communications relating to the use of this Application must be sent to the addresses indicated in this document.
Safeguard clause
If any provision of these Terms is or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
US Users
Any invalid or unenforceable provision will be interpreted and adapted to the extent necessary to make it valid, effective and consistent with the original intent. These Terms constitute the entire agreement between User and Owner with respect to the subject matter regulated and prevail over any other communications, including any prior agreements, between the parties with respect to the subject matter regulated. These Terms will be implemented to the fullest extent permitted by law.
European users
If any provision of these Terms is or becomes void, invalid or ineffective, the parties will do their best to find, in an amicable way, a valid and effective provision to replace the void, invalid or ineffective one. In the event of failure to reach an agreement within the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal provisions.
Without prejudice to the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid or ineffective provisions within the Agreement are essential or of such importance that the parties would not have entered into the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden for one of the parties.
Applicable law
The Terms are governed by the law of the place where the Owner is based, as indicated in the relevant section of this document, regardless of conflict of laws principles. Prevalence of national law However, regardless of the above, if the law of the country where the User is located provides for a higher level of consumer protection, such higher level of protection shall prevail. Competent court The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms lies with the courts of the place where the Owner is based, as indicated in the relevant section of this document.
Exception for Consumers in Europe The foregoing does not apply to Users who qualify as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway or Iceland.
Dispute Resolution Amicable settlement of disputes
Users may report any disputes to the Owner, who will try to resolve them amicably.
Without prejudice to the right of Users to take legal action, in the event of disputes relating to the use of this Application or the Service, Users are requested to contact the Owner at the contact details indicated in this document.
The User may address a complaint to the Owner's email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.
The Data Controller will process the request without undue delay and within 21 days of receiving it.
Consumer Dispute Resolution Platform The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service contracts.
Therefore, any European Consumer or one based in Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available here.
Definitions and legal references This Application (or this Application) The structure that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Commercial User
Any User who does not meet the definition of a Consumer.
Good
Any digital or paper code or voucher that allows the User to purchase the Product at a discounted price. European (or Europe) Applies when the User, regardless of nationality, is located in the European Union.
Standard withdrawal form Addressed to: Azienda Agricola Brandini, Frazione Brandini, 16 - 12064 La Morra (CN) brandini@agricolabrandini.it I/we hereby notify the withdrawal from my/our contract of sale of the following goods/services: ___________________________________________________________ (insert here a description of the goods/services from which you wish to withdraw) Ordered on: _____________________________________________ (insert date) Received on: _____________________________________________ (insert date) Name of consumer(s):_____________________________________________ Address of consumer(s):_____________________________________________ Date: _____________________________________________ (sign only if this form is notified in paper version)
Owner (or We)
Indicates the natural or legal person who provides this Application and/or offers the Service to Users.
Product
A good or service available through this Application, such as a physical good, digital files, software, booking services etc., and any other type of product separately defined herein, such as Digital Products.
Service
The service offered through this Application as described in the Terms and on this Application.
Terms
All conditions applicable to the use of this Application and/or the provision of the Service as described in this document as well as in any other document or agreement connected to it, in the most updated version respectively.
User (or You)
Indicates any natural person who uses this Application.
Consumer
Any User considered as such under applicable law is considered a Consumer.
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