Terms of service

These general conditions, together with the documents referred to herein, govern the use of the website (https://shop.cerbaia.com/) and the purchase of items (hereinafter referred to as articles or goods or products) contained therein (hereinafter referred to as „conditions"). Given that the use of this website including the purchase of goods, implies acceptance of these conditions and the "Personal Data Protection Policies", users are urged to carefully consult this document; the Cookie Policy the Personal Data Protection Policy (https://www.iubenda.com/privacy-policy/97116161.

By placing an order through this website, the user - also for the purpose of the valid acceptance referred to above - warrants that he/she is of legal age (18 years of age or older) and of sound min

The sale of items through this site is managed by FATTORIA CERBAIA SOCIETÀ AGRICOLA S.R.L. (P.IVA/C.F. 04847690486) - hereinafter referred to as "Supplier" - with registered office in Strada Cerbaia n. 16 (50028) Barberino Tavarnelle (FI - ITALY), Registered at the Register of Companies of Florence, R.E.A. n. 491377; with the following address of Certified Electronic Mail (PEC): fattoriacerbaia@poste-certificate.it; Contact details can be found in the "contact" section of this website www.cerbaia.com.

Information or personal data provided by you will be processed in accordance with the Data Protection Policies (https://www.iubenda.com/privacy-policy/97116161). By using the website, you authorize us to process such information and personal data and you represent that all information and/or

personal data provided to us is accurate and true.

Registration: In order to register, the Customer must provide his/her first name, last name, postal code and e-mail address; provide a password, assuming the obligation to guarantee its confidentiality; as well as also authorizing the processing of his/her personal data. When registering, the Customer may also decide by checking the appropriate box whether to receive emails with administrative content, updates regarding the site and services, as well as promotional offers.

All accounts must be registered with a valid e-mail address referable only to the Customer who uses it. The Customer agrees not to provide false or misleading data, including false names, addresses and contacts, as well as agree not to attempt to circumvent the Site's security measures or hack the network, use the services offered by the Site in violation of these terms of use, and engage in any illegal activity in connection with the use of the

Site and/or the services offered by it.

FATTORIA CERBAIA SOCIETÀ AGRICOLA S.R.L. reserves the right to

reject a new registration, or delete an account, at any time.

Except with the prior written consent provided by FATTORIA CERBAIA SOCIETÀ AGRICOLA S.R.L., the Client is not authorized to framing the Site in other websites, nor to create links to any part or page of the Site and/or to the Material or any part thereof.

Newsletters and Communications: If the Customer following registration wishes to receive, by e-mail, the newsletter of FATTORIA CERBAIA SOCIETÀ AGRICOLA S.R.L., or communications relating to any announcements and promotions, will proceed by request to be made in the manner indicated in the section at the bottom of the website called subscribe to our newsletter, thus providing the relevant authorization with which he/she will also accept the processing of his/her data.

The Supplier may proceed to terminate the account of any Customer in the event of found violation of the terms and conditions expressed herein.

Where the user does not wish to register, he may purchase products as a guest; thus the Buyer may fill in only the data that are essential to process his purchase order. The Customer before completing the purchase order may decide by checking or unchecking the appropriate box to request, and therefore authorize, the sending by the Supplier of communications with

administrative content, updates related to the site and services, as well as promotional offers.

Upon completion of the purchase process you may optionally register as a user or continue as a guest.

If the website contains links that direct to other pages or lead to documents (by way of example only: pdf; xml etc...) of third parties other than the supplier, it should be noted that these contents cannot be constantly monitored by the supplier, who is therefore obliged to decline all responsibility resulting from the opening of the link and/or document of third parties causing

denial of any kind of damage.

The Purchaser acknowledges and accepts that all copyrights, trademarks and any intellectual property rights on the materials and content presented as an integral part of the website, are owned by the same supplier or by those who have licensed their use and commercial exploitation. The protection of copyrights does not prevent the user to use and extrapolate any document

useful exclusively to the perfection of the purchase order, being in any case prohibited the extrapolation, use and reproduction, by way of example and not exhaustive of trademarks, domain names, designs and models, patents and copyrights, which are protected at European level and by the law on copyright and industrial property.

Therefore, it is not permitted to carry out, in any form, by any means and for any purpose, even in part, any of the following operations having as their object the site, the products sold or the related software: in particular reproduce, publish, disclose, transmit, make available to the public, (re)publish, distribute, display, remove, delete, add, or otherwise modify, create and/or use derivative works or otherwise inspired, sell or take part in any way in the sale, except for reproduction for exclusively personal and non-commercial use.

Electronic commerce contract or online contract (hereinafter the "Contract" or "terms"), means a sales and/or service contract, under which the Supplier offers goods and/or services through a website, or other electronic means.

Buyer is one who places an order for goods and/or services through the website, or through other electronic means arranged for this purpose by the Supplier.

Contract of sale is any contract under which the Supplier transfers, or undertakes to transfer, ownership of goods to the Purchaser upon payment or commitment to payment of the price consideration by the latter and in favor of the former; including contracts having as their object both goods and services.

Service contract is any contract, other than a contract of sale, under which the Supplier renders, or undertakes to render, a service to the Purchaser and the latter pays, or undertakes to pay, the price thereof.

Buyer: may be a Buyer-consumer where it coincides with any natural person acting for purposes unrelated to his or her entrepreneurial, commercial, artisan or professional activity, if any; or a Buyer-professional where this coincides with any natural person and/or legal entity acting for purposes related and/or connected to his or her entrepreneurial, commercial, artisan or

professional activity carried out.

Supplier: The term Supplier means the natural person or legal entity acting in the exercise of its entrepreneurial, commercial, artisanal or professional activity, or, an intermediary thereof bound by valid contractual relations.

Manufacturer means the manufacturer of the finished good or a component thereof, as well as the producer of the raw material.

Shipping and delivery date: The shipping date acts as the indicative day on which the good will leave the supplier's warehouse. The delivery date is the approximate date on which the good will arrive at the customer's specified destination address.

Conformity: To conform to the contract of sale, the good must meet the following requirements, where relevant:

(i) conform to the description provided in the information sheets on the product and website;

(ii) Be suitable for the use for which the goods are normally intended;

(iii) present the qualities and characteristics of a product of the same type and that can reasonably be expected, taking into account the descriptions explained in the information sheets on the product and on the website;

A good shall not be considered defective or nonconforming merely because a more improved product has at any time been placed on the market. The good may also not be considered defective as a result of improper use and storage, compared to the type and model of this by the buyer therefore having to consequently understand as a defect that which will be related and connected to a manufacturing defect.

The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. The Buyer-Consumer by adhering to these conditions expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised; are thus invited to formalize their qualification of buyer-professionals those who execute orders for purposes connected and / or related to their business, and this in the order

commission. In this second case, if therefore one or more sales are made to a person who does not qualify as a Consumer, these general conditions of sale shall apply with the express exceptions explained below:

(a) the buyer-professional shall not be granted the right of withdrawal set forth in Article 14 of these general conditions;

b) the buyer-professional shall not be entitled to the guarantee on the Products indicated in Article 15 of these general conditions;

c) the buyer-professional shall not be granted any other protections, if any, provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of law;

d) the contract of sale concluded between Seller and Buyer shall be governed by Italian law;

The Products with their Prices as presented on the Site, constitute an offer to the public in accordance with the terms specified in these Conditions. The Terms of such offer shall apply exclusively to purchases made on this Website.

The Supplier sells and the Buyer purchases, through telematic means, the items offered on this website. The relevant characteristics of the products are shown in the respective information sheets, as well as on the packaging of the purchased good; and, varying according to the type of product (oil or wine), describe:

the quality of the product and its food characteristics

the ingredients,

the presence of allergens;

the storage conditions and/or conditions of use;

any treatments used on the product;

the country of origin of the food;

the alcohol level for beverages containing more than 1.2 percent alcohol by volume;

the nutrition declaration

The online purchase confirms that the buyer has read and at the same time ratifies the perfect awareness of the description and information all related to the type of product and therefore to its ingredients and allergens, as explained in the attached sheets that are therefore understood to be read, understood and accepted by the buyer at the time of purchase of the product itself. The seller in this regard - given the above explained absence of its own

responsibility regarding any and all allergies, intolerances and / or any adverse reaction, resulting from the consumption of the purchased food product - invites the buyer to take due note of the attached descriptive documents, suggesting - in the event of not knowing the characteristics of the products and allergens described - to contact specialists in the field in order to give concrete validity, as well as legal, to the ratification for this purpose explained by the same buyer through the online purchase.

Such goods are depicted/represented on the Site accurately. However, the Provider cannot guarantee a timely and exact correspondence between the actual texture of the goods promoted online and the relevant representation on the Buyer's monitor. In the event of any discrepancy between the image of

the goods and/or the representation of the services visible online and the relevant information sheet, prepared in writing, only the latter shall be deemed authentic.

The Supplier's electronic catalog will indicate in real time, available and unavailable goods. Should an order, however, exceed the actual stock availability, or be unavailable for other reasons, the Supplier, by e-mail, or by telephone, will promptly notify the Buyer of the unavailability of the good in question and if possible, the waiting time to obtain it, asking again for confirmation of the order according to the different timelines indicated by the Supplier.

The Contract between Supplier and Buyer will be concluded exclusively online.

Having accessed the website, the Buyer shall follow the purchase process by selecting the items and placing them in the shopping cart and thus selecting the relevant telematic button (Check-out). Subsequently, the Buyer will have to fill out the forms and enter the required information in each step of the purchase process; requesting the issuance of the invoice by email, in the absence of which the invoice will be considered not required. The Customer

may decide, by checking or unchecking the appropriate box, to request, and therefore authorize, the sending by the Supplier of communications with administrative content, updates relating to the site and services, as well as promotional offers. Before submitting the purchase order, the order confirmation form will be displayed, indicating the chosen goods and their prices, including shipping costs. The buyer, checked the correctness of the tabs will select the interactive button "Pay now" with which the purchase can be confirmed, which is followed by the relevant obligation to pay.

Concurrently with the transmission of the purchase order, the Buyer confirms receipt, understanding, ratification and acceptance of these terms and conditions of sale, including authorization for them to be sent to the email address provided by the Buyer. All orders will be subject to the approval of the

supplier of which the Buyer will be informed by e-mail, receipt of which will perfect the purchase agreement in question. The details of the order will be summarized in the order confirmation, which will contain the items pertaining to the purchase which will therefore constitute the subject of the relevant contract.

For any error, typo or problem in the completion of the online forms and the purchase procedure, the Buyer is invited to contact the supplier at the references indicated in the "Contact" section.

Prices of items will be as stated on the Website.

Prices of goods/services promoted through Website, as well as any other charges/expenses are in Euros. Prices are inclusive of VAT. Shipping costs if any - although not included in the sale price in the catalog - will be indicated and calculated by the Supplier in the purchase procedure before sending the order confirmation, and punctually specified in the e-mail summary of the order itself.

Payment may be made by Visa, Mastercard, American Express credit cards and through PayPal.

The Buyer by completing the purchase process and authorizing payment will confirm that the credit card is your property or that you are its rightful owner. Credit cards will be subject to verification and authorization by the credit card issuer, but if that entity does not authorize payment, Supplier will not be

responsible for any delay or non-delivery and we will not be able to complete the purchase.

Please be advised that payments made through the website, as well as any refunds, will be made through methods that comply with current data protection regulations.

Supplier agrees to take all steps necessary to send the order for the specified product(s) by the date marked in the Shipping Confirmation e-mail or within the maximum period of 15 business days from the date of said Order Confirmation. If the Supplier is unable to ship within the period referred to in the preceding paragraph (15 business days), it will promptly notify the Buyer.

Where for any reason the maximum delivery date cannot be met, the Buyer will be notified and given the option to proceed with the purchase - setting a new delivery date - or to cancel the order, resulting in a refund of the full amount paid. Please note that home deliveries are not made on Saturdays and Sundays.

Methods, times, costs and any other shipping charges for the territories served by the Supplier are punctually indicated on the Site under the section

"https://shop.cerbaia.com/policies/shipping-policy";

Should the goods ordered on the Site be delivered outside of Italy and the products be subject to import duties and/or taxes, these will remain the responsibility of the same purchaser. Deliveries of these products may be subject to inspection by the relevant customs authorities. For further information, the Buyer is invited to inquire about customs policies by contacting the relevant office.

The Buyer-consumer has the right to withdraw from the Contract, without penalty and without specifying the reason, within the period of 14 days (fourteen days), starting from the day on which the Buyer acquired the material possession of the goods, and this in accordance with the provisions of the Consumer Code.

Effect of withdrawal

The Buyer's withdrawal within the 14-day period will be followed by the Supplier's obligation to refund any cost incurred for the purchase, including the cost of delivery. Said reimbursement will take place within 14 days of receipt of the will to withdraw by crediting the coordinates communicated by the Buyer. It should be noted that the refund may still be suspended until receipt of the goods by the supplier.

The return of the goods by the Buyer must take place in any case, within 14 days (fourteen days) from the date of sending the notice of withdrawal to the Supplier. The goods must be returned intact, in the original packaging, complete in all its parts.

The return, after notifying the Supplier, can be made either personally by going to the address Strada Cerbaia n. 16 (50028) Barberino Tavarnelle (FI - ITALY); or by courier.

In order for the Supplier directly to arrange collection from the Purchaser's home address, the Purchaser should contact the Supplier at the references indicated in the section of this website https://shop.cerbaia.com/policies/contact-information, following the relevant instructions. Where the Purchaser does not comply with the above instructions indicated by the Supplier costs, risks and any responsibilities related to the return and transport will obviously remain the responsibility of the same purchaser; including, in the event of failure to return the product, the

possibility of obtaining a refund of the price paid for the purchase.

If the returned good is damaged, or shows signs of wear and tear related to handling not strictly necessary to establish immediately and directly, the nature and characteristics, the Supplier may withhold from the refund an amount corresponding to the decrease in its value.

The legal guarantee provided for by the Consumer Code, since the sale is a foodstuff and therefore subject to alteration even as a result of improper storage, in order to find application, proof must be provided that it has been stored in accordance with the following procedures and those indicated on the label of the individual products:

- the bottle of wine will have to have been stored lying down;

- the bottle of wine must have been stored at a temperature between 8 and 20 degrees and away from light;

bottles of oil should be stored in a place away from heat, air and light.

Said proof is attainable by photographic documentation dated from the date of delivery until the relief of the denial of the defect, which must be promptly sent to the Supplier together with the product declared defective.

As a result of the checks that the Supplier will carry out on the products, assuming that these confirm the defect in the goods, the Purchaser may request, alternatively and without cost, the replacement of the purchased goods, or, a reduction in price, or termination of the contract, unless the request is objectively impossible to meet, or is excessively burdensome for the Supplier and this in accordance with Article 135 bis et seq. of the Consumer Code. If replacement is not possible, the consumer is still entitled to a price reduction or to have back an amount, commensurate with the value of the good, against the return to the seller of the defective product.

In any case, the Vendor will not be responsible for defects and therefore may deny the warranty for those products stored contrary to the indicated requirements; as well as consumed and/or used beyond the expiration time. Should the buyer verify the presence of defects, he/she should contact the supplier at the references indicated on the website.

The vendor - by reason of the provisions of art. 10 and therefore of the characteristics of the product explained in the information sheets on the goods - cannot be held responsible for any and all all allergies, intolerances and/or in any case adverse reactions resulting from the consumption of the food product purchased.

The Supplier invites the purchaser to take due note of the attached descriptive documents, suggesting - in the hypothesis of not knowing the characteristics of the products and the allergens described - to consult specialists in the field in order to give concrete, as well as legal, validity to the ratification for this purpose explained by the same consumer through the online purchase.

The Supplier shall not be liable in any way for failures or delays in the performance of any of its obligations under the Contract caused by events that are beyond its reasonable control (“Force Majeure Events and Force Majeure Chance”).

Events of Force Majeure means any act, event, failure to occur, omission or accident beyond reasonable control and impossible to foresee by the use of ordinary diligence It is understood that the performance of the obligations under the Contract shall remain suspended for the duration of the Force Majeure Events, resulting in an extension for the performance of the Contract equal to the duration of such period. It is understood that, even in the pendency of Force Majeure Events and fortuitous event, the Supplier shall endeavor to find a solution by which to fulfill its obligations under the Contract.

No compensation shall, accordingly, accrue to the Buyer, who shall be entitled only to any refund of the price and any incidental charges paid, or to the receipt of the goods in question.

The timely payment of the items purchased online and any shipping costs, have the character of an essential condition of the contract pursuant to and for the purposes of Article 1456 of the Civil Code.

The Supplier shall protect the Purchaser’s personal data, ensuring full compliance of their processing with the relevant legislation. Please refer, for details, to the Notice on the Processing of Personal Data and related Extended Notice on the Use of Cookies on the website, as well as the GDPR notice (https://www.iubenda.com/privacy-policy/97116161).

The Site and related services, are usable in the Italian language. In addition to the aforementioned version, the Site is, also available in English, French and German. These General Terms and Conditions of Online Sales are available in Italian and English.

We reserve the right to review and modify these Conditions at any time. The Buyer will be subject to the General Conditions in effect at the time of the order.

If the Buyer-consumer believes that his/her rights have been infringed, he/she may address his/her grievances directly to the supplier through the e-mail address cerbaia@cerbaia.com and this in order to solicit an out-of-court settlement of any deniable dispute.

As per EU Regulation 524/2013 the Buyer is informed of the option to refer the resolution of any disputes with the Supplier - about the offer and purchase of the promoted goods online - to bodies/companies/offices active in alternative dispute resolution (so called ADR - Alternative Dispute Resolution), through web-based, simple, fast and inexpensive procedures (so called ODR - Online Dispute Resolution).For any information on the mentioned ODR procedures please visit the following site:

Online Dispute Resolution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

The resolution of any dispute arising and/or related to this Agreement may, however, be devolved to an attempt at mediation / conciliation at the Organismo di Conciliazione di Firenze (OCF) or, as provided by the Consumer Code, at a conciliation body located in the place of residence / domicile of the Buyer-consumer.

Each Buyer’s order submitted online will be stored and archived in digital and/or paper format at the Supplier, according to appropriate confidentiality and security criteria. The Buyer is invited to store on his device, in appropriate digital format, both the Order Receipt and the Shipment Confirmation sent by the Supplier, as well as these General Terms and Conditions, which shall be saved in appropriate files and thus archived on the relevant PCs.

Any dispute between Supplier and Purchaser inherent to the Contract, and its execution, shall be governed by Italian law, unless derogated, by the courts of the consumer’s forum. The Purchaser will be guaranteed, in any case, the rights conferred by the mandatory consumer protection rules in force in the relevant country of residence and/or domicile. For the reference rules regarding the competent court and the law applicable to the Contract, please refer to art. 66 bis of the Consumer Code, art. 18 of EU Reg. 1215/2012, art. 6 of EU Reg. 593/2008, as, finally, to articles 3 and 57 of Law no. 218/1995, Directive 2013/11/EU These General Terms and Conditions of Sale (“Terms and Conditions of Sale”) are governed by the Consumer Code (Legislative Decree No. 206/2005 as amended), the rules on electronic commerce (Legislative Decree No. 70/2003 as amended) and EU Regulation 524/2013 former Directive 2013/11/EU, and apply exclusively to the distance sale of the Products shown on the Website. In the event of changes to the General Conditions, those published on the Website at the time the Customer sends the Order itself shall apply.