General conditions of Sale

Art. 1) Object

1.1 The goods and / or services covered by the following general conditions are offered for sale by Marcorin & Plozner s.r.l. Agricultural Company, hereinafter also referred to only as “Seller”. The Seller also carries out its sales activities online through its website accessible at www.lisfadis.com and declares that it wishes to be contacted at the following email addresses: info@lisfadis.com

1.2 The term “Buyer” means:

a) the consumer who is a natural person who purchases for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out;
b) anyone who does not qualify as a consumer as a natural or legal person acting in the exercise of their business, commercial, craft or professional activity, or an intermediary.

1.3 The terms contained in these general conditions do not deprive the buyer, in the case of a consumer, of the rights attributed to him by current and applicable laws, including the rights and actions referred to in Legislative Decree 6 September 1005 no. 206 (so-called Consumer Code). For other non-consumer Buyers, the provisions of the civil code will apply.

Art. 2) Object of the Contract

2.1 With these conditions of sale, the Seller sells and the Buyer purchases, even remotely and through telematic tools, the products described and offered for sale on the website www.lisfadis.com

2.2 The Seller reserves the right to modify these General Conditions of Sale and to publish them modified on its website. Any changes will be applied only to sales concluded after the publication of the new conditions.

Art. 3) How to sign the contract

3.1 The contract between the Seller and the Buyer is also concluded through the internet, in this case the Buyer will be able to access the site www.lisfadis.com and through the planned procedure will make the proposal to purchase the products and / or services.

3.2 The Seller reserves the right to notify the Customer, within 2 (two) working days following the purchase order, at the email address indicated by the Customer, of any unavailability of one or more of the Products ordered. In the event of definitive unavailability of the Product, the Seller will reimburse the Customer the consideration; in case of temporary unavailability, the Seller will inform the Customer about the term of future new availability of the Product.

3.3 The unavailability of one or more of the Products ordered will not, however, give the Customer the right to cancel or revoke the entire order.

Art. 4) Products and services

4.1 The price of the Product is that published on the Site at the time of the order, net of any discounts, and does not include any delivery costs, indicated in the order summary.

4.2 Prices are expressed in euros (including VAT).

Art. 5) Payment

5.1 Payment must take place at the time of order confirmation by the means indicated on the Site. The Customer acknowledges as of now that he has the necessary authorizations to use the payment instrument chosen in the Order Procedure.

5.2 The Seller reserves the right to cancel the order after 3 (three) days from the completion of the Order Procedure without payment being made.

5.3 For the issue of the purchase tax document, the information provided by the Customer will prevail, who assumes all responsibility for the truthfulness and / or accuracy of the same.

Art. 6) Delivery

6.1 Deliveries are made through carriers appointed by the Seller. Delivery days and times depend on the Carrier in charge. The Customer may receive, depending on the carrier in charge, a communication via email with the shipment number in order to follow the status of the delivery.

6.2 The Products are delivered throughout the Italian territory to the address indicated by the Customer in the Order Procedure; deliveries to disadvantaged locations may involve different delivery times. It is the Customer’s responsibility to verify the possibility of receiving the ordered goods at the place of delivery by reporting any difficulties before shipping them. Post office boxes are not considered valid addresses.

6.3 The transport document issued by the Carrier, dated and signed on the occasion of the delivery of the Product, will be considered as proof of its taking over by the Customer.

6.4 At the time of delivery, the Customer must check the content, conformity and status of the Product before signing the transport document. If it is already evident from the packaging conditions that the Product could be damaged, the Customer must accept the goods with “Reserve of Control”, accurately describing the damage on all copies of the carrier’s delivery receipts and noting the anomaly found ( eg “control reserve for damaged packaging”, etc.), taking, if possible, one or more photographs before removing the packaging.

6.5 In the event of damage due to transport, the Customer is required, under penalty of forfeiture, to report it to the Seller within 2 (two) working days of receipt of the goods by e-mail, attaching photographic documentation of the packaging and damaged goods.

6.6 The Seller is not responsible for failure to deliver the Product for reasons attributable to the Customer (by way of example: absence of the recipient, failure to collect the Product by the absent recipient, incorrect delivery address or telephone number, etc.). All additional costs arising from complications in delivery or non-delivery will be charged to the customer.

Art. 7) Legal guarantee

7.1 The imperfections or defects of the packaging previously reported in the technical data sheet of the Product are considered known and accepted by the Customer at the time of the order and, therefore, cannot be asserted by the Customer for the purposes of activating the guarantee.

7.2 Without prejudice to the provisions of art. 7.1, the Products are subject to the guarantees provided by the civil code and by special rules.

7.3 The Customer is required to report any apparent defects found on the Products purchased upon delivery, noting them in the delivery receipt. Any further defects not detectable upon delivery must be reported and documented in writing, also by photograph, within the terms of the law, indicating the article code.

7.4 Defects caused to the Product by improper use or not in accordance with the normal intended use of the Product, by the failure to adopt the appropriate storage methods with specific reference to food products, by the failure to comply with the instructions for use, are expressly excluded from the warranty, from ordinary wear and tear and any other circumstance not attributable to the Seller.

7.5 In cases of replacement under warranty, the Customer must return the Product to the Seller by attaching the proof of purchase. The Seller will reimburse the shipping costs provided that the Product is returned in the original packaging, properly sealed, complete with all its parts.

7.6 In the event that it is not possible to return the Product under warranty to the Customer, if the Customer agrees, the Seller may proceed to replace it with a Product of equal or superior characteristics; alternatively, the Seller will refund the amount paid by the Customer.

7.7 The Customer is required to carefully consult and keep the instructions supplied with the Product before using it.

7.8 The Customer is required to keep the original packaging and all additional documentation of the Products purchased until the warranty terms expire.

Art. 8) Legal guarantee of conformity (for Consumer Customers)

8.1 For each Product purchased new by a Consumer Customer, the latter will benefit from the legal guarantee of conformity provided for in Articles. 128 and ss. of Legislative Decree 206/05. The legal guarantee payable by the Seller applies to defects of conformity that occur within two years from the date of delivery of the Product and that are reported by the Consumer Customer within two months from the date of discovery of the defects themselves, in accordance with art. 132 of Legislative Decree 206/05.

8.2 The imperfections or defects previously reported in the technical data sheet of the Products, with respect to which a specific discount is applied on the purchase price, are considered to be known and accepted by the Customer at the time of the Order and, therefore, cannot be asserted for the purposes of activation of the guarantee.

8.3 The Consumer Customer is required to report any conformity defects found on the Products purchased upon delivery, noting them in the delivery receipt; any further defects not detectable upon delivery must be reported and documented in writing, also by photograph, within the terms of the law (two months), indicating the article code.

8.4 In response to the request for use of the legal guarantee of conformity by the Consumer Customer, the Seller provides feedback within a reasonable period of time, indicating whether the requirements for the application of the guarantee exist, informing the Consumer Customer on the evaluation carried out and on the solution available to restore the conformity of the Product.

8.5 Defects caused to the Product by improper storage, improper use or not in accordance with the normal intended use of the Product, non-compliance with the instructions and any other circumstance not attributable to the Seller are expressly excluded from the warranty.

8.6 In cases of replacement under warranty, the Customer must return the Product to the Seller attaching the proof of purchase; the Product must be returned in its original packaging, properly sealed, complete with all its parts.

8.7 In the event that it is not possible to return the Product under warranty to the Customer, if the Customer agrees, the Seller may proceed to replace it with a Product of equal or superior characteristics; alternatively, the Seller will refund the amount paid by the Customer.

8.8 The Consumer Customer is required to carefully consult and keep the instructions supplied with the Product before using it.

8.9 The Consumer Customer is required to keep the original packaging and all the additional documentation of the Products purchased until the warranty terms expire.

Art. 9) Right of Withdrawal (for Consumer Customers)

9.1 Pursuant to and within the limits of Articles 52 and ss. of Legislative Decree 206/05, the Consumer Customer has the right to withdraw from the Contract for any reason, without explanation or penalty, within 14 (fourteen) days from:

– from the day on which the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires physical possession of the Products;

– in the case of a plurality of Products ordered by the Consumer Customer through a single order and delivered separately, from the day on which the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires physical possession of the last good;

– in the case of delivery of a Product consisting of multiple lots or pieces, from the day on which the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires physical possession of the last lot or piece.

9.2 The right of withdrawal must be applied to the Product purchased in its entirety; it is not possible to exercise the right of withdrawal on a fraction of the Product.

9.3 Before the expiry of the withdrawal period, the Consumer Customer informs the Seller of his decision to exercise the right to withdraw from the Contract using the withdrawal form or by submitting another explicit declaration of his decision to withdraw from the Contract (to be sent by registered letter with return receipt in advance via e-mail to the address indicated on the Site or with PEC communication).

9.4 The notice of withdrawal must contain the will to withdraw from the purchase, specifying whether the withdrawal is partial (in the case of the purchase of more items) or total, the order, the invoice number, the code and the quantity of the Products for who intend to exercise the right of withdrawal.

9.5 The Seller will reimburse all payments received from the Consumer Customer without undue delay and in any case within fourteen days from the day on which it is informed of the latter’s decision to withdraw from the contract. The Seller is authorized, in any case, to withhold the refund until he has received the Product and has verified its integrity. The costs of delivery of the Product are included in the reimbursement, except for any additional costs if the Consumer Customer has chosen a type of delivery other than the least expensive type of delivery offered.

9.6 The Seller will make the refund using the same payment method used by the Consumer Customer.

9.7 The return costs will be borne by the Consumer Customer who will also independently choose the Carrier and the method of shipping the material.

9.8 The Product must be returned to the Seller via a carrier appointed by the Consumer Customer, intact in the original packaging properly sealed, complete in all parts.

9.9 The Seller will reject any unpackaged Product, missing the external packaging and / or the original internal packaging or in any case returned in ways other than those specified above, as well as the Products for which the costs have not been fully paid by the Consumer Customer. return, or if the other methods and times provided for by Legislative Decree 206/05 for the exercise of withdrawal have not been respected.

9.10 The Consumer Customer is, however, responsible for the decrease in the value of the Products resulting from their manipulation other than that necessary to establish the nature, characteristics and functioning of the Products themselves.

9.11 If the Customer intends to exercise the withdrawal, he will be, by law, the guardian of the Product until the subsequent return to the Seller.

Art. 10) Exclusion of the Right of Withdrawal (for Consumer Customers)

10.1 The Consumer Customer cannot exercise the right of withdrawal pursuant to art. 9 in all cases provided for by art. 59 of Legislative Decree 206/05.

10.2 With specific reference to the sale of food products (including alcohol), the right of withdrawal is excluded in the following cases:

a) supply of goods that risk deteriorating or expiring rapidly (including Products that at the time of purchase have an expiration date not exceeding sixty days, as indicated in the Product description sheet);
b) supply of sealed goods which do not lend themselves to being returned for hygienic reasons or related to the protection of health and are open after delivery;
c) supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
d) supply of products made to measure or clearly personalized.

Art. 11) Limitation of liability

11.1 Within the limits established by art. 1229 of the Italian Civil Code and, for the Consumer Customer, by Legislative Decree 206/05, the Seller is not responsible for:

a) for any direct or indirect damage suffered by the Customer or by third parties as a result of the purchase, use (even improper) and / or non-use of the Products, as well as their tampering;
b) for damages, losses and costs incurred by the Customer following the failure or delay in delivery of the Product, the Customer having the right only to the full refund of the price paid and any additional charges incurred.

11.2 The Customer declares from now on to have read and understood the specific characteristics of the single Product present on the Site, undertaking to request any clarification from the Seller in case of doubts before completing the Order Procedure.

11.3 In any case of force majeure or unforeseeable circumstances, the Seller, within the limits of the applicable law, will have the right to terminate, in whole or in part, the Contract, suspend or postpone its execution.

11.4 The Seller cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the Order Procedure by the Customer. The Seller cannot be held responsible for any damage that may occur to the Products after delivery to the carrier in charge of their transport.

Art. 12) Intellectual and industrial property rights

12.1 The Seller is the exclusive owner of all intellectual and industrial property rights on its intellectual property such as the Site and on its distinctive signs.

Art. 13) Protection of personal data

13.1 The Seller undertakes to process the Customer’s data in full compliance with the principles and rules laid down by Legislative Decree 196/2003, as well as to adopt suitable security measures.

13.2 The Seller is the owner of the personal data collected at the time of registration on the Site, as well as those subsequently communicated at the time of purchase by the Customer, except for the data relating to the payment procedure for which reference is made to the specific information provided by the banking institutions / intermediaries through which the transaction takes place.

Art. 14) Jurisdiction and competent court

14.1 The Contract is governed by Italian law.

14.2 The Parties agree that for any dispute relating to the validity, interpretation or execution of the Contract, the territorial jurisdiction belongs exclusively to the Udine court.

14.3 Without prejudice to the mandatory jurisdiction of the judge of the place of residence or domicile of the Consumer Customer, if located in the territory of the State.

Art. 15) Final rules

15.1 This Agreement cancels and replaces any other previous agreement that may have occurred between the Parties having the same object, and constitutes the integral manifestation of the agreements concluded between them on this subject.

15.2 In no case can any non-fulfillment and / or behavior of the Customer differing from these rules be considered as exceptions to the same or tacit acceptance of the non-fulfillment, even if not contested by the Seller. Any inaction by the Seller in exercising or enforcing any right or clause of the Contract does not constitute a waiver of such rights or clauses.

15.3 Updated information and contacts are available in the specific “Contacts” section of the Site.

15.4 Any changes in the Customer’s addresses not communicated to the Seller will not be opposable to it.

15.5 Any ineffectiveness and / or invalidity, total or partial, of one or more clauses of this Agreement will not result in the invalidity of the others, which must be considered fully valid and effective.

15.6 For anything not expressly provided for in this Agreement, the Parties expressly refer, to the extent that this is compatible, to the laws in force at the time of conclusion of the Agreement.

Art. 16) Information for the Consumer Customer (pursuant to Article 49 of Legislative Decree 206/05)

16.1 The Professional subject (pursuant to Article 3, paragraph 1, letter c) of Legislative Decree 206/05) is Marcorin & Plozner s.r.l. Agricultural Company, with registered office in Spessa di Cividale del Friuli (UD)

16.2 The Products offered: Marcorin & Plozner s.r.l. Società Agricola through the site www.lisfadis.com (hereinafter “the Site”) sells alcoholic products (wine and grappa) and oil. Any further information on the Products is available on the Site.

16.3 The Price of each Product, including taxes, is indicated in the individual technical data sheets on the Site.

16.4 The payment methods are as follows: Bank transfer.

16.5 The Delivery of the purchased Products is carried out through carriers appointed by the Seller. Delivery days and times depend on the Carrier in charge. The Customer may receive, depending on the carrier in charge, a communication via email with the shipment number in order to follow the status of the delivery.

16.6 The Customer’s complaint is managed by Marcorin & Plozner s.r.l. Agricultural Company with the greatest possible attention and speed; Customer Service can be contacted at the e-mail address: info@lisfadis.com or at the telephone number 0432 719510 from Monday to Friday, from 8.00 to 12.00 and from 13.30 to 18.00.

16.7 The right of withdrawal.

Pursuant to and within the limits of art. 52 and ss. of Legislative Decree 206/05, the Consumer Customer has the right to withdraw from the Contract for any reason, without explanation or penalty, within fourteen days from the day of the conclusion of the contract.

The right of withdrawal must be applied to the Product purchased in its entirety.

Before the expiration of the withdrawal period, the Consumer Customer informs the Seller of his decision to exercise the right of withdrawal from the Contract using the model withdrawal form already prepared or by submitting any other explicit declaration of his decision to withdraw from the Contract (to be sent by registered letter with acknowledgment of receipt in advance via e-mail to the address indicated above and on the Site).

The notice of withdrawal must specify the will to withdraw from the purchase, specifying whether the withdrawal is partial (in the case of the purchase of multiple Products) or total, the order, the receipt / invoice number, the code of the Products for which it is intended to exercise the right of withdrawal.

Following the correct exercise of the right of withdrawal, the Seller will forward to the Customer, for confirmation, the withdrawal code from the purchased Product.

Following the correct exercise of the withdrawal by the Customer, the Seller will refund the payments using the same payment method used by the Customer for the initial transaction within and no later than fourteen days, unless the Consumer has expressly agreed otherwise and on condition that he does not incur any costs as a consequence of the reimbursement.

The Consumer Customer cannot exercise the right of withdrawal in the cases provided for by art. 59 of Legislative Decree 206/05. With specific reference to the sale of food products (including alcohol), the right of withdrawal is excluded in the following cases:

a) supply of goods which risk deteriorating or expiring rapidly;
b) supply of sealed goods which do not lend themselves to being returned for hygienic reasons or related to the protection of health and are open after delivery;
c) supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
d) supply of products made to measure or clearly personalized.

16.8 The Products on the Site enjoy a legal guarantee of conformity equal to 2 (two) years pursuant to art. 132 of Legislative Decree 206/05. Any imperfections or defects previously reported in the technical data sheet of the Product that are considered known and accepted by the Consumer Customer are excluded from the guarantee.

16.9 Each order placed by the Consumer Customer and subsequently confirmed by the Seller entails the conclusion of a single distance sales contract.

16.10 Pursuant to art. 141-sexies of Legislative Decree 206/05, the Consumer Customer has the right to use the online dispute resolution procedure (ODR) available on the portal http://ec.europa.eu/consumers/odr/