General Terms and Conditions of Sale

 

Art. 1 - General Provisions

  1. Browsing this area provides the user with access to Erba Farm, accessible via the url: https://www.erbafarm.it/. Browsing and transmitting a purchase order on the site implies acceptance of the Conditions and Data Protection Policies adopted by the site indicated therein.
  2. These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 as amended by Legislative Decree no. 21/14 and Legislative Decree 70/03) by

Firm Erba Farm of Giuseppina Caputo
Headquarters: Corso Europa, 132
VAT Number: 09036811215

 

  1. You are required, before accessing the products provided by the site, to read these Terms and Conditions of Sale, which are generally and unequivocally understood to be accepted at the time of purchase.
  2. You are encouraged to download and print a copy of the purchase form and these General Terms and Conditions of Sale, the terms of which Erba Farm reserves the right to change unilaterally and without notice.

 

Art. 2 - Purpose

  1. These General Terms and Conditions of Sale govern the offer, submission and acceptance of purchase orders for products on Erba Farm and do not, however, govern the provision of services or the sale of products by parties other than the seller who are present on the same site through links, banners or other hyperlinks.
  2. Before placing orders and purchasing products and services from different parties, we suggest checking their terms and conditions.

 

Art. 3 - Conclusion of the contract

  1. To conclude the purchase contract, you will need to fill out the form electronically and submit it following the relevant instructions.
  2. It contains a reference to the General Terms and Conditions of Sale, pictures of each product and its price, the means of payment that can be used, the mode of delivery of the purchased products and the related shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal; how and when to return the purchased products.
  3. Before concluding the contract, you will be asked to confirm that you have read the General Terms and Conditions of Sale including the Right of Withdrawal and Personal Data Processing Notice.
  4. The contract is concluded when the seller receives the form completed by the user, after checking that the data contained therein are correct.
  5. The buyer will be obligated to pay the price from the moment the online order submission process is completed. This will be done by clicking on the "CONCLUDE ORDER" button at the end of the wizard.
  6. Once the contract is concluded, the seller takes over the order for fulfillment.

 

Art. 4 - Registered Users

  1. In completing the registration procedures, you agree to follow the directions on the site and to provide your personal information correctly and truthfully.
  2. Once the registration is made, the user will receive a confirmation email in the email provided by him/her. The confirmation must be communicated within a maximum of 24 hours. After this period, in default of confirmation, Erba Farm will be released from any commitment to the user.
  3. The confirmation will in any case exempt Erba Farm from any liability regarding the data provided by the user. The 'user undertakes to promptly inform Erba Farm of any changes in their data at all times communicated.
  4. If the user then communicates inaccurate or incomplete data, or even in the event that there is a dispute by the parties concerned about the payments made, Erba Farm will have the right not to activate or to suspend the service until the relevant shortcomings are remedied.
  5. At the time of the first request for activation of a profile by the user, Erba Farm will assign to the same user name and a password. The latter acknowledges that these identifiers constitute the system of validation of the user's access to the Services and the only system suitable for identifying the user that the acts performed by means of such access will be attributed to him/her and will be binding on him/her.
  6. The user agrees to maintain the secrecy of his or her access data and to guard it with due care and diligence and not to transfer it even temporarily to third parties.

 

Art. 5 - Availability of products

  1. Product availability refers to the actual availability at the time the buyer places the order. However, this availability should be considered purely indicative because, as a result of the simultaneous presence on the site of several users, the products could be sold to other customers before the confirmation of the order.
  2. Even after the order confirmation e-mail is sent, there may be cases of partial or total unavailability of goods. In this eventuality, the order will be rectified automatically with the deletion of the unavailable product and the buyer will be immediately informed by e-mail.
  3. If the purchaser requests cancellation of the order, terminating the contract, Erba Farm will refund the amount paid within 1 day after Erba Farm became aware of the purchaser's decision to terminate the contract.

 

Art. 6 - Products offered

  1. Herb Farm markets:

________

  1. The offering is detailed on our site at the link: the products on this site are derived from legal sativa hemp and are offered for technical and collectible use only.

 

Article 7 - Payment terms and prices

  1. The price of products will be as stated from time to time on the site, except where there is an obvious error.
  2. In case of error Erba Farm will notify the buyer as soon as possible allowing the confirmation of the order at the correct amount or cancellation. In any case, there will be no obligation for Erba Farm to provide what is sold at the lower price erroneously indicated.
  3. Site prices include VAT and do not include shipping costs. Prices are subject to change at any time. Changes do not affect orders for which order confirmation has already been sent.
  4. Once the desired products have been selected, they will be added to the shopping cart. You will simply follow the purchase instructions, entering or verifying the required information at each step of the process. Order details may be changed before payment.
  5. Payment can be made by:

Credit cards (Visa, Mastercard, American Express), debit cards (Visa debit, Mastercard debit);
PayPal, Bank Transfer and payment on delivery.

 

Art. 8 - Delivery

  1. Erba Farm ships throughout Italy, excluding the Vatican City State and the Republic of San Marino.
  2. Erba Farm will only make deliveries to the user's home, provided at the time of purchase.
  3. Delivery is generally made within 2-5 business days, or, if no delivery date is specified, within the estimated time at the time of selecting the delivery method and, in any case, within the maximum period of thirty days from the date of confirmation.
  4. If delivery is not possible, the order will be sent to the depot. In such an event, a notice will specify where the order is located and how to arrange for a new delivery.
  5. If you are unable to be at the delivery location at the agreed upon time, please contact us again to arrange a new delivery date.
  6. If delivery cannot take place for reasons beyond our control after thirty days from the date the order is available for delivery, we will assume that we intend to terminate the contract.
  7. As a result of termination, the amounts will be returned, including delivery costs with the exclusion of any additional costs arising from the choice of a delivery method other than the ordinary method offered without undue delay and, in any case, within 10 days from the date of termination of the contract. Transportation resulting from the termination of the contract may have additional costs that will be borne by the buyer.
  8. Shipping costs are the responsibility of the buyer and are highlighted explicitly when placing the order.

 

Art. 9 - Passing of risk

  1. Risks relating to the products will pass to the purchaser from the time of delivery. Ownership of the products shall be deemed to have accrued upon receipt of full payment of all amounts due in respect thereof, including shipping charges, or upon delivery, if delivery occurs at a later date.

 

Article 10 - Warranty and commercial compliance

  1. The seller is responsible for any defects in the products offered on the site, including non-conformity of the items to the products ordered, in accordance with the provisions of Italian law.
  2. If the purchaser has entered into the contract as a consumer, i.e., any natural person acting on the site for purposes outside his or her business or professional activity, if any, this warranty is valid provided that the defect manifests itself within 24 months from the date of delivery of the products; that the purchaser files a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect is acknowledged by the purchaser; and that the online return form is properly completed.
  3. In the event of non-conformity, the purchaser who has entered into the contract as a consumer shall be entitled to have the products restored to conformity without charge by repair or replacement, or to obtain an appropriate price reduction or termination of the contract with respect to the disputed goods and subsequent refund of the price.
  4. All return costs for defective products will be borne by the seller.

 

Art. 11 - Withdrawal

  1. In accordance with the legal provisions in force, the purchaser has the right to withdraw from the purchase without penalty and without specifying the reason, within the period of 14 days in accordance with Article 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.
  2. In the case of multiple purchases made by the buyer in one order and delivered separately, the 30-day period starts from the date of receipt of the last product.
  3. The user who wishes to exercise the right to cancel the purchase may send an email, indicating the order number and name of the user, to:

info@erbafarm.it

  1. The purchaser shall also exercise the right of withdrawal by sending any explicit statement containing the decision to withdraw from the contract or alternatively transmit the model withdrawal form, set out in Annex I, Part B, Legislative Decree 21/2014 which is not mandatory.
  2. The goods should be returned to:

Corso Europa 132, 80010 Villaricca (Na)

  1. The goods must be returned intact, in original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to withdrawal within a maximum period of 7 days, including any shipping costs.
  2. As provided for in Article 56 paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, the site may suspend the refund until the receipt of the goods or until the buyer demonstrates that he has returned the goods.
  3. The right of withdrawal will not apply in case the services and products of Erba Farm are included in the categories of Article 59 of Legislative Decree 206/2005.
  4. The site will make the refund using the same means of payment chosen by the buyer at the time of purchase. In the case of payment made by bank transfer, and if the buyer intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary to make the refund.

 

Article 12 - Data Processing.

  1. The buyer's data are processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the appropriate section containing the information pursuant to Article 13 EU Regulation 2016/679 (Privacy Policy).

 

Article 13 - Safeguard Clause.

  1. In the event that any of the clauses of these General Terms and Conditions of Sale should be void for any reason whatsoever, this shall in no way affect the validity of and compliance with the other provisions appearing in these General Terms and Conditions of Sale.

 

Art. 14 - Contacts

  1. Any inquiries may be sent by e-mail to info@erbafarm.it, by telephone to 351 9337421, and by mail to:

Corso Europa 132, 80010 Villaricca (Na)

 

Article 15 - Applicable law and place of jurisdiction

  1. These General Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of Italy, without prejudice to any different overriding mandatory rules of the purchaser's country of habitual residence. Accordingly, the interpretation, performance and termination of the General Conditions of Sale shall be subject exclusively to Italian law.
  2. Any disputes inherent and/or consequent thereto shall be resolved exclusively by the Italian judicial authority. In particular, if the purchaser has the status of Consumer, any disputes shall be resolved by the court of the place of domicile or residence of the same according to the applicable law.

These conditions were drafted on 04/23/2020.