General Terms and Conditions of Sale of Podere La Pace
1. Preconditions and Acceptance of General Terms of Sale
The general contractual conditions that follow (henceforth also referred to as “General Terms”) regulate the product offering by La Pace S.r.l. Società Agricola (henceforth also referred to as “PODERE LA PACE”) on shop.poderelapace.com (henceforth also referred to as “Website”).
The General Terms must be accepted by the User upon registration on the Website, so as to benefit from offers made thereon and be able to go on to purchasing products.
PODERE LA PACE reserves the right to change the General Terms entirely or partially at any point, notifying this to Users through the Website with a forewarning of at least 30 days should any modality of fruition of products and services on offer change. Users are therefore to periodically visit this page in order to be constantly informed about conditions in effect. The above also entails that any visit to the Website following these changes implies consent to these conditions.
2. Website Ownership – Types of Available Offerings
The Website is owned by La Pace S.r.l. Società Agricola, with legal address at Podere Bianco Spino 65, Massa Marittima (GR), IT 58024, and VAT identification number (P.IVA) 01409920533. The products available on the Website are sold by PODERE LA PACE directly through drop-shipping (henceforth also referred to as “Direct Sale”).
Products can be sold either through a permanent catalog or through flash deals, that is, promotions where their availability is limited in either quantity or time. The product offering pertains the categories within food, (alcoholic) beverage and accessories (wines, sparkling wines, rum, grappe, other spirits, packaged goods such as sauces, honey, canned meats and other foods and accessories used for the preparation, consumption or preservation thereof).
PODERE LA PACE will release a confirmation of the purchase following the completion of an order.
3. Registration on the Website
The Website only addresses those Users that have already turned 18 years old. Surfing and benefiting from services offered within the Website are made accessible following a registration procedure.
Registration is free of charge. Users registering must first provide some personal information and follow all steps of the registration procedure (henceforth also referred to as “Complete Registration”). Upon Complete Registration, the User will be asked to create a Username (e-mail) and a password, which s/he agrees not to release to third parties, not even temporarily, and to store with due care and secrecy under his/her own responsibility, these credentials being the only means to identify said User and validate access to any and all offers. The User is thereby informed that any and all actions taken through usage of the aforementioned credentials will be attributed to him/her, binding, and irrevocably in effect.
The User is required to immediately inform PODERE LA PACE of any unauthorized or improper usage of his access credentials; that is, to flag any violations by third parties. Should PODERE LA PACE detect any violations, it can, at its own discretion, prevent access or permanently erase information contained in the account and/or deny the establishment of new accounts by the same User.
The User can, at any moment, update, edit or request the deletion of any information provided during Registration. In case of a request of deletion, however, PODERE LA PACE can temporarily store, entirely or partly, said information, with the sole purpose of completing purchases whose shipments is pending and/or to carry out own accounting and fiscal procedures.
Complete Registration is required for the purchase products and to access summary information pertaining the User’s activities on the Website (that is, the “My Account” page).
A Partial Registration on the Website (henceforth also referred to as “Partial Registration”) is also available. It can be carried out by only providing one’s e-mail address. Partial Registration only enables the User to receive the newsletter but not to go on to purchase products and/or services or complete any other operations on the Website.
4. Terms of the Offering
PODERE LA PACE’s offers promote the purchase of goods at the prices listed on the Website (more specifically at the address shop.poderelapace.com).
PODERE LA PACE reserves the right not to fulfill orders coming from individuals other than the “consumer” in accordance with its own business policy. PODERE LA PACE does not, at any rate, sell alcoholic beverages to individuals that have not yet turned 18 years old. By submitting an order, the consumer guarantees that the individual ordering and the recipient of the products—should these two be separate individuals—are both at least 18 years old.
Prices are reported in euros, inclusive of VAT. Shipping costs can be fixed or variable, depending on package weight, the number of selected articles and/or the delivery address of the goods. Shipping costs can moreover be included in the sale price or can be null in case of an order sum totaling a certain value or higher. The User is notwithstanding always made aware of the total shipping costs before concluding the purchase and paying.
Images complementing the products’ technical profiles or associated to an offer may not be perfectly representative of its features, but rather differ by color, size and accessory products shown therein. All information supporting purchase is to be taken as general informational material and thus not as indicative of the real characteristics of a single offer.
The validity of incumbent offers may be subject to restrictions in available quantity or duration and may cease upon their exhaustion. The time window of validity and/or product quantities on offer are posted on the Website for the User to be made of them. PODERE LA PACE can at any moment and at its own discretion modify these but will nonetheless fulfil extant orders made during an offer’s period of validity. An offer can be implemented multiple times over. It is, in some cases, possible for a product’s availability to change following its purchase: PODERE LA PACE will in such a situation refund the User, should all relevant conditions be met. It is also possible for an offer to include variations of a product, delivery of a specific one of which is not guaranteed despite the listing of preferences by the User. In this case the User is aware that s/he may receive a different version of the product than the one that was preselected during the purchase procedure.
In case of promotions through a flash deal formula (as specified above), the full price shown in the offer (“Crossed Out Price”) and with respect to which PODERE LA PACE calculates the discount may correspond to: (i) the price that is publicly listed by the supplier; (ii) the results of a market survey.
Methods for the estimation of the Crossed Out Price may vary from product to product.
5. Purchase and Payment Procedures
Once s/he has acknowledged the terms of the offer, the User will be able to complete purchase by following the procedure on the Website.
A summary of the order’s details will be displayed before finalizing the purchase. In it are indicated the unit costs of selected products, as well as the total cost when multiple units of the same article or of different articles have been selected. Shipping, delivery or postal costs can be fixed or variable, depending on package weight, the number of selected articles and/or the delivery address of the goods that was provided by the User. Shipping costs can moreover be included in the sale price or can be null in case of an order sum totaling a certain value or higher. The User is notwithstanding always made aware of the total shipping costs before concluding the purchase and paying.
Once the purchase has been completed, the User will move on to payment, to be made to PODERE LA PACE.
Following a successful payment, the User will receive a confirmation e-mail detailing the purchase. This e-mail also contains a reference to the current contractual General Terms. This confirmation will contain a summary of the billing and delivery address(es). Shipping of the goods takes place during the time window indicated in the offer. In case of flash deals, the goods may be shipped to the User following their expiry. In absence of a confirmation e-mail, the purchase may not be considered successfully completed. In that case, should the sum total of the unsuccessful purchase have been erroneously billed to the User, s/he will have to notify PODERE LA PACE in a timely manner, sending an e-mail to firstname.lastname@example.org in order to allow PODERE LA PACE to verify the occurrence and if appropriate to reimburse the sum total.
Accepted payment methods, unless otherwise specified or agreed upon with the User, are: credit cards and prepaid cards by Visa, Mastercard, and Postepay; Aura cards; PayPal cards; PayPal accounts; and wire transfers. PODERE LA PACE will, in some or all cases and at its own discretion, offer Cash on Delivery (COD) as an alternative payment method.
Billing of owed sum totals occurs, unless otherwise specified in the terms of the offer, upon confirmation of payment. In case of a wire transfer, upon order confirmation the IBAN, sum total and order number will have to be provided. Payment by wire transfer must occurs in accordance with specified terms and at any rate no longer than 10 days after the order’s confirmation. After this time window, shipping of the order might not be guaranteed anymore: in this case PODERE LA PACE will make sure to reimburse any payments received past the deadline by wire transfer, without additional charges.
Should any erroneous or incomplete information regarding the User’s personal details or delivery address come to his/her attention, it is imperative that s/he communicate the mistakes promptly and within the prescribed order’s shipping time window by sending an e-mail to email@example.com. The User is at any rate always to be held entirely accountable for the correct provision of personal details and the delivery address, and thus for the potential loss of the paid sum total in case of mistakes therein or in case of delivery to extraneous third parties.
6. Transaction Security
PODERE LA PACE deals scrupulously and proactively in the security of its Users. PODERE LA PACE does not handle or store private payment data (e.g. credit card numbers), which are instead processed by the relevant payment processors. Payment is effectively made only after having directed the User to a protected and encrypted page run by the banking service (PayPal Pro). Once the transaction has been completed, the payment processor notifies the result of the payment operation to PODERE LA PACE, albeit without providing any information on the card used. For this reason, PODERE LA PACE has no influence on the potential refusal of the credit card used for payment. PODERE LA PACE hence cannot be held in any way responsible for the direct or indirect consequences of payment made with a credit card by the User to purchase products and/or services.
PODERE LA PACE can release discount codes (henceforth also referred to as “Vouchers”), which the User can use upon purchasing its products. Vouchers are released in the form of an alphanumeric code and their value (in euros) is determined by PODERE LA PACE, indisputably and at its own complete discretion. A Voucher can be inputted by a User in the corresponding “Voucher” field in the order form to be filled out. Thusly inserted Voucher codes will be applied automatically, before payment, from the order sum total excluding shipping costs. Vouchers can in general be redeemed by the User for a limited amount of time, past which they will cease to be valid. A Voucher’s applicability may be subject to a minimum sum total, below which its usage is not possible. If not otherwise specific, a Voucher is personal and bound to the User’s Account and can only be utilized for a single purchase, following which it automatically be voided. Vouchers cannot be sold, given or transferred to third parties unless PODERE LA PACE’s explicit authorization has been received in advance. PODERE LA PACE reserves the right to void any previously released Voucher, possibly before its expiry date, without any obligation to justify this action and without ceding in this way a right to a refund or compensation. PODERE LA PACE may also issue Vouchers in favor of Users that invite acquaintances, friends and relatives to visualize the Website’s offers and/or to register on said Website. For the completion of such a procedure, the Website features functionalities such as “Suggest to a friend”, “Send this offer as an e-mail”, “Share on Facebook”, “Twitter”, or other social networks, etc. For each newly invited individual making use of an offer within a given time window, PODERE LA PACE may award a Voucher to the User; its value is always and exclusively determined by PODERE LA PACE. Said Voucher can then be used from the User’s Account for a successive purchase. PODERE LA PACE reserves the right to void and delete previously issued Vouchers in the hands of Users that make inappropriate use of them without forewarning and without ceding in this way a right to a refund or compensation.
8. Shipment and Delivery
PODERE LA PACE only accepts orders to be delivered within Italian territory, including islands and excluding San Marino, Vatican City, Livigno and Campione d’Italia. Shipment occurs within the time window indicated in the offer’s terms, or, in case of flash deals, starting with their expiry and indicated in the order confirmation. PODERE LA PACE, unless otherwise specified in the technical profile, commits at any rate to the delivery of all products within 10 working days of the ordering date. In the unlikely event that stock of any goods becomes unavailable following receipt of the order, a reimbursement of the payment will be issued if the latter had already been received, with no expense on the User’s part. The User will be informed by PODERE LA PACE of the order’s dispatch in a timely manner in case of Direct Sale.
The User will receive communication of the courier’s name and the shipment’s tracking number if available; through this information it will be possible to stay up to date on delivery status. Such information will, if available, also be visible on the User Account page.
PODERE LA PACE can guarantee neither that multiple products that have been purchased simultaneously will be received in a single delivery, nor that any potential separate shipment arrive simultaneously It is not possible to guarantee a date or precise delivery time as this depends on the courier, the final address and the individual entrusted with delivery. PODERE LA PACE cannot therefore be held accountable in any measure for direct or indirect consequences arising from the shipment’s timing. Delivery of an order is to be understood as completed once the latter has arrived at the delivery address’ street level, unless otherwise specified during purchase.
In case of delivery of bottles, PODERE LA PACE uses packaging that has been patented and homologated by the courier, designed to ensure integrity of the product it stores. At any rate, the User must, upon delivery, verify that the packaging is whole, undamaged, unaltered (this includes wrapping materials such as tape or straps) and that there are no leakages. Any and all damages to either the products of the packaging must be immediately contested by the User, namely by marking goods as unchecked in the courier’s delivery form and specifying the reason for contesting delivery (e.g. “Punctured packaging”, “Crushed packaging”, etc.). Once said form has been signed, the User will not be able to contest any aspects of the delivered goods. Any issues concerning the physical integrity, completeness or accuracy of delivered goods must be notified within 3 days of delivery by writing an e-mail to firstname.lastname@example.org.
Should the shipment not be delivered within the established time window, the User should communicate the missing delivery to PODERE LA PACE, which will go on to check the delivery status and any and all errors with the courier. Following an anomaly in the shipment (such as a package lost or destroyed during transportation), PODERE LA PACE will make sure to send the order anew in case of Direct Sale or request shipment of the order anew in case of a drop shipping Direct Sale, depending on the ordered products’ availability, or if necessary to refund the User entirely without any additional charges to him/her (in case of Direct Sale, directly or indirectly through PODERE LA PACE).
9. Guarantee of Product Conformity
PODERE LA PACE works diligently and in good faith in choosing suppliers, verifying their aptness to deliver its products in the quantities and specifics described in sales offers; it must be borne in mind that PODERE LA PACE is not responsible for damages to individuals derived from any and all violations by the suppliers. At any rate, PODERE LA PACE can guarantee neither completeness of the information content provided by suppliers, nor exact correspondence between what is described in the technical profile of a product or offer and the delivered product, nor legitimate usage of images, videos, and other features by the supplier. The User must in other words be aware that the images used in the promotional offerings can at times be merely indicative of the delivered product and not accurately represent it. Any complaints must be directly sent by e-mail to the address(es) listed in the purchase confirmation and for the sake of information also to email@example.com; the manager of the latter address will then make sure to specify the modes of verification, fixing or replacement of the goods, that is, to authorize PODERE LA PACE to issue the User a refund. In case of Direct Sale, PODERE LA PACE will be directly responsible for the conformity of the products on warranty. Should some or all of the products not meet standards indicated in the order/purchase confirmation or receipt, the User shall contact PODERE LA PACE by e-mailing firstname.lastname@example.org. PODERE LA PACE will in that case indicate a repair center apt for the control and fixing of goods on warranty or recall and either repair or replace the goods, that is, to refund the purchase either through a credit transfer to the payment instrument used for said purchase or by issuing a Voucher of value equal to the sum total of the purchase. In any case, legal warranty is a prerogative of consumers, that is, to those individuals that have made a purchase on PODERE LA PACE’s Website for uses other than those tied to entrepreneurial, commercial, artisanal or professional activities.
Users necessitating services for ends unrelated to own professional activities are entitled to withdraw from the purchase contract entered with PODERE LA PACE without penalty and without having to provide any justification within 14 working days, as established and specified by art. 52 comma 1 of the Consumer Code, starting on the day of receipt of the purchase made on PODERE LA PACE’s Website. The annulment can be employed by the Customer, as established and specified by art. 54 comma 1 of the Consumer Code, by mailing any explicit statement of his/her decision to withdraw from the contract in the form of a letter with return receipt to La Pace S.r.l. Società Agricola, Podere Bianco Spino 65, Massa Marittima (GR), IT 58024 or as an e-mail to email@example.com with an additional notification to PODERE LA PACE. The letter with return receipt, e-mail or fax must contain an identification of the product and order number in question. Burden of proof of the correct employment of the right to annulment, in accordance with the above outlined procedure, falls on the User.
Following a successful withdrawal (and unless PODERE LA PACE personally picks up the goods for recall) the User bears the duty of returning the goods without undue delay and at any rate within 14 days of his/her communication of annulment to PODERE LA PACE, as established and specified by art. 54 comma 4 of the Consumer Code. The User must apply the document received by PODERE LA PACE following the communication of annulment as outlined above on the package in a clearly visible manner; in this document are already provided the delivery address and details necessary for the identification of the returned product once it has reached its destination. It is also recommended that the User add a copy of this document inside the package, so as to avoid it being lost or impossible to identify once it has reached the storage facilities. Shipping costs for the return of this package are to be borne by the User, except in case PODERE LA PACE has not informed the latter of this by the official conclusion of the contract, as established and specified by art. 57 comma 1 of the Consumer Code.
PODERE LA PACE reserves the right to verify that the goods, of which the User is fully responsible according to art. 57 comma 2 of the Consumer Code, are found in the same condition in which they were delivered; that is, that the products’ essential and qualitative features have not been altered in any way and that their original packaging and labeling have remained, insofar as is possible, intact. Should such intact packaging and labeling not be available anymore, the User must return the products in adequate packaging, so as to preserves their integrity. PODERE LA PACE can refuse foods and beverages that have been—even just partially—consumed. As established and specified by art. 59 of the Consumer Code, goods that are personalized, custom-made, or that can cannot be shipped back or are subject to quick alteration or decay, cannot be recalled and are excluded from any possibility of annulment.
11. Exceptions to the Right of Annulment
With reference to the service performance, is at any rate to be understood that the User cannot exercise the right to annulment after the complete provision of PODERE LA PACE’s products if this provision was initiated by the User’s explicit agreement and s/he has agreed to waive the right to annulment following the service’s fulfilment by PODERE LA PACE.
In any case, as established and specified by art. 59 of the Consumer Code, goods that are personalized, custom-made, or that can cannot be shipped back or are subject to quick alteration or decay, cannot be recalled and are excluded from any possibility of annulment.
The issuing of a refund by PODERE LA PACE, when appropriate and justified, is carried out in accordance with art. 56 comma 1 of the Consumer Code in the shortest possible amount of time, though at any rate no later than 14 days from the day of the event giving rise to the refund and, in the case of annulment, from the day it became aware of the latter’s employment by the User. PODERE LA PACE will complete the refund using the same payment method used by the User for the initial transaction, unless a specific agreement stating otherwise has been reached with the User and under the express condition that s/he does not bear any cost as a consequence of the usage of a different payment method. PODERE LA PACE has no obligation to reimburse delivery costs should the User have specifically chosen a different and more expensive delivery option to that offered by PODERE LA PACE. Beside cases where PODERE LA PACE decides to personally collect goods for withdrawal, it remains to be understood that PODERE LA PACE can withhold the refund until it has received the goods or until the User has provided evidence of having shipped them back, depending on which occurs first.
13. Responsibilities of Podere La Pace
PODERE LA PACE is not responsible for damages that may result from the usage of the Website, such as computer viruses, omissions, service interruption and software malfunctions (even if they also affect the User’s computer hardware) that hamper or delay the services’ performance, should these be due to external causes, force majeure and/or third parties independent of the owner’s will. PODERE LA PACE is only to be held responsible for potential lacks or differences found in Direct Sale, in which case it bears exclusive responsibility towards the User. In such situations, the User must therefore address his/her complaints and actions to PODERE LA PACE. At any rate, PODERE LA PACE cannot be held responsible for lacks, differences, or delays depending on events lying outside its own reasonable control, including but not limited to: (i) force majeure; (ii) events depending on deeds by third parties, such as the interruption or malfunctioning of telecommunication providers’ services and/or electric lines, that is, acts or omissions by vectors or shipping agents.
14. Industrial and Intellectual Property
Notwithstanding the limitation on use of trademarks, PODERE LA PACE is the owner of every right concerning the graphic and conceptual content of the Website, as well as of its own trademarks visible thereon. Reproduction of the Website’s graphics and contents and of trademarks visible thereon, even partial, it therefore prohibited. PODERE LA PACE is also the owner of the Website management’s technological platform.
Private data is collected and handled in order to fulfil the User’s requests. PODERE LA PACE can guarantee to its Users that it operates in accordance with standard private data processing laws, as set by the Privacy Code contained in Legislative Decree n. 196/2003.
La Pace S.r.l. Società Agricola
Podere Bianco Spino 65
Massa Marittima (GR), IT 58024
Upon registration, the User may be asked to give his/her consent for the receipt of commercial information, including through newsletters. The User will in that case be free to grant his/her consent or decline to do so.
Cookies are necessary for the correct functioning of the Website. Cookies are used to extract information about terminals, operative systems, IP addresses and the browser in use, in order to offer the User a better surfing experience. These are usually statistical data that do not contain sensitive information. It is possible to decline their usage through the corresponding setting on the browser or device in use.
More information on cookies is available at the following link: https://www.poderelapace.com/en/cookie-policy.
17. Links to Third Party Websites
The Website may contain links to external or third-party website, either in the form of hypertext or banners. PODERE LA PACE does not exercise any control on said websites and bears no responsibility with regards to the accuracy, nature, quality and completeness of the information found thereon. The content of said websites does not represent PODERE LA PACE’s products, services or information.