Terms and conditions

Article 1 Definitions  

for the purposes of the following T&C, it shall be understood as...

a) Company: La Soleggiata Agricultural Company of Silverman Michael, with its registered office at Via Liberta 15, 13882 Cerrione (BI), VAT number 02621010020, fiscal code SLVMHL82E12A859Y, and registered with the R.E.A. of Biella under no. 200052.

b) Website: the website (https://www.lasoleggiata.it/) owned by the Company as per point 1.a).    

c) Customer: the natural or legal person who intends to purchase the goods available on the Website.

d) Contract: the agreement, pursuant to Article 1321 of the Italian Civil Code, that the Customer concludes with the Company (through the online ordering procedure referred to in point 3) in order to purchase the goods produced by the Company. 

Article 2 Applicable Law 

Unless otherwise provided for by this contract, the applicable law is as follows 

• Where the Customer is a consumer pursuant to and for the purposes of Art. 3, paragraph 1, letter a) of Legislative Decree  No. 206 of September 6, 2005 (i.e., an individual acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out), the aforementioned Legislative Decree  No. 206 of September 6, 2005 shall apply.
• In any case, the Contract is governed by the provisions of Legislative Decree no. 70 of 9 April 2003 (Implementation of Directive 2000/31/EC concerning certain legal aspects of information society services in the internal market, with particular reference to electronic commerce) and the Italian Civil Code. 

Article 3 Online Ordering Procedure – Perfection of the Contract

1. On the Website, the Company displays to the Customer, for commercial purposes, apples and a wide range of its own apple-based products, which are described below for illustrative and non-exhaustive purposes: vinegar, ketchup, mostarda, herbal teas, chocolate, cream, juice, syrup, caramel, spirit, jams.

2. The display of the product range is provided exclusively for informational purposes and does not constitute a binding offer for sale pursuant to the Italian Civil Code.

3. The Customer can view the product sheet online with the item details. By setting the desired quantity, the Customer can add one or more products to a virtual shopping cart and is able to view a summary of the products they have chosen, their price, and shipping costs. 

4. The shipping cost is automatically displayed and calculated in the order form, based on the weight of the selected items and the destination address. Alternatively, should a minimum spending threshold (determined at the sole discretion of the Company) be reached, shipping may in some cases be displayed as free, meaning it is included in the price of the products. 

5. The placement of an order by the Customer is subject to simultaneous payment, as governed by Article 7, and to the prior completion and/or provision by the Customer of their email, personal, and fiscal data necessary for their identification.  

6. After the Customer has placed the order by clicking the appropriate virtual button, they will receive an automatic email confirming that the order has been sent to the Company. This confirmation email does not yet constitute acceptance by the Company. The contract is considered concluded and perfected only when the Company – after verifying the product's availability and the correctness of the price shown on the order – ships the product to the Customer. If the aforementioned verification is successful, the product will be shipped within 5 working days from receipt of the order. The Customer can cancel or modify the order by sending an email as soon as possible to ordini@lasoleggiata.it, but such cancellation or modification will only take effect if delivery has not yet been made.  

Article 4 Payment Methods 

1. Purchases made on the Website are secure and guaranteed and can be made with a credit and/or debit card.

2. If the purchase of the goods is made with a credit card payment method (simultaneously with the order), the reference bank will authorize the debit of the amount relative to the purchase made. In case of cancellation of the order by the Customer or in case of non-acceptance of the contract by the Company, the cancellation of the transaction and the reversal of the committed amount is requested. The release times depend exclusively on the banking system. Once the transaction has been canceled, the Company cannot in any case be held responsible for delays and/or damages caused by the banking system.

3. The Company reserves the right to request additional information or documentation from the Customer to prove ownership of the card used. In the event that the Customer fails to provide such information and/or documentation, the Company reserves the right not to conclude the contract. At no point during the credit card purchase procedure is the Company able to access personal information about the cardholder, as the information is transmitted directly to the protected website of the banking institution that handles the transaction.

Art. 5 — Instructions on the Right of Withdrawal 

1.The right of withdrawal, unless otherwise expressly agreed ad personam with the Customer, applies only to the Customer who is a consumer, as described in point 2), who may exercise it without necessarily stating the reasons, within a period of 14 days.

2. This period starts  from the moment the consumer (or a third party authorized, according to civil law regulations, to receive deliveries on behalf of the consumer), takes  physical possession of the ordered product, or, in the case of multiple products ordered with the same order but delivered separately, of the last product received.

3. To exercise the right of withdrawal, the consumer must send their withdrawal statement  to the  Company via email,  writing  in the subject line the order number followed by the term “Withdrawal” and address it  to: michael.silverman@pec.it

4. Alternatively, the consumer may use the form included in Annex I, Part B, of Legislative Decree  No. 206 of September 6, 2005 (the so-called Consumer Code)

5. The Customer, in order to validly exercise the right of withdrawal, must send the aforementioned email within the prescribed period of 14 days.

Art. 6 — Consequences of the Right of Withdrawal 

Once the withdrawal referred to in Art. 5 has been validly exercised, the Company will send the consumer confirmation of receipt of the withdrawal statement. The Company shall be obliged to reimburse the consumer all amounts received from the latter, including delivery costs, if any. The Company shall proceed with the refund within 14 days from the day it has received the goods returned by the consumer or the goods have been delivered to the accepting post office or carrier. The goods must be returned to Azienda Agricola La Soleggiata Di Silverman Michael, registered office at Via Libertà 15, 13882 Cerrione (BI).

Art. 7 — Costs borne by the consumer following 

The consumer shall bear the costs of returning the goods following the exercise of the right of withdrawal. 

Art. 8 — Exceptions to the Right of Withdrawal

The right of withdrawal is excluded for the purchase of a) any product made to measure, or customized according to the Customer’s expressed preferences, or otherwise unmistakably personalized; b) goods that are at risk of deteriorating or expiring quickly; c) any sealed product that has been opened and cannot be returned for hygiene or health reasons. 

Art. 9 – Warranty and Commercial Conformity

1.The seller is responsible for any defects in the products offered on the website, including non-conformity of the items with the ordered products, pursuant to the provisions of Italian law.

2.The seller is liable to the buyer for any conformity defect that appears within 15 days from the date of delivery of the products and for which the buyer submits a formal complaint within a maximum of 15 days from the date the defect was acknowledged by the buyer, through a specific written request sent by registered mail with return receipt or via certified email to the address michael.silverman@pec.it.

3. In case of non-conformity, the user who entered into the contract as a consumer shall have the right to obtain the restoration of product conformity at no cost, either through replacement or by obtaining the termination of the contract regarding the disputed goods and the consequent refund of the price.

4. All return costs for defective products shall be borne by the seller.

Art. 10 — Requests for Clarifications

For any requests for clarifications, the Customer must send an email to ordini@lasoleggiata.it.  

Art. 11 — Liability for Acts of Auxiliary Third Parties

The Company declines all liability for operations carried out by any third parties who, acting as independent auxiliaries, perform operations in any way related to the execution of the Contract.

Art. 12 — Jurisdiction

For any disputes arising between the Customer and the Company in relation to the Contract, the competent court shall be: a) the court within whose jurisdiction the Customer’s place of residence is located, if the Customer is a consumer as defined in Art. 2; b) the court within whose jurisdiction the municipality of Biella is located, in all other cases not covered by the previous letter a).