Agreement of a commercial nature
Given that the Consumer intends to purchase (hereinafter “Adopt”) the Products advertised on the web platform owned by UFarmer, The Parties agree upon the following Adoption Conditions operated through the UFarmer Web platform in relation to transactions carried out through the UFarmer service.
Art.1 – Conditions of Sale:
1.1 These Adoption Terms and Conditions govern the Adoption of Products and, where applicable, services through the UFarmer website platform, the use of which is linked to the creation of a personal account.
1.2 The Consumer may Adopt one or more Products by adding them to the cart and placing the relevant Order.
1.3 The Order is considered as a contractual proposal for the Adoption on behalf of third parties of the Products listed on the UFarmer website, each considered individually. Upon receipt of the Order, UFarmer will send a message to take charge of the order itself (“Receiving Order”). The Order Reception does not constitute acceptance of the proposal. By sending the Order Receipt, in fact, UFarmer confirms only that it has received the order and that it has undergone a process of data verification and availability. The Adoption contract on behalf of third parties will be concluded only when UFarmer sends notice of acceptance of the proposal, which will also contain information on the shipment of the Product and the expected date of delivery (“Order Confirmation”). The charge will be made at the time of Order Confirmation.
Art. 2 – Withdrawal
2.1 Pursuant to art. 59 letters c), d), c) Consumer Code, the right of withdrawal is excluded in relation to: personalized goods; goods that risk deteriorating or expiring rapidly; sealed goods which cannot be returned for hygienic or health protection reasons and which have been opened after delivery. With reference to the cases of exclusion of the right of withdrawal listed above, the Consumer is informed and accepts that among the Products that “risk to deteriorate or expire rapidly” include all food products including oil and wine, as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and protection of the Users, the right of withdrawal is applicable only for the Products Adopted on the UFarmer Website that can be returned, intact in the respective seal, and put back on the market without danger to the health of the Consumers.
2.2 The Consumer may exercise the right of withdrawal, pursuant to art. 52 of the Consumer Code and outside the cases referred to in point 2.1 above for any reason, without the need to provide explanations and without any penalty.
2.3 To exercise the right of withdrawal, the Customer must send UFarmer, within 14 days from the date of use of the service, a written communication by e-mail to the following e-mail address info@ufarmer.it, using the form downloadable from here.
2.4 In the event of a withdrawal with justified reasons to the Consumer, the cost of the Product and the transport costs will be refunded. In case of withdrawal with unfounded reasons nothing will be refunded.
2.5 The refund will be made on the same payment method used to place the Order.
2.6 No refund will be made if the returned Product is damaged or, in any way, altered even in the outer packaging.
Art. 3 – Prices and availability
3.1 All prices are inclusive of VAT applicable by law.
3.2 Information on the availability of Products is listed on the UFarmer website.
3.3 UFarmer is not responsible for any incorrect information about the availability of the Products.
3.4 The Consumer accepts that the estimated delivery and delivery times of the Products are purely indicative and it is not possible to rely on them completely, especially for products that are not available.
3.5 If the Product is to be delivered outside Italy, the Consumer accepts and is aware that the selling price may be increased for import duties and taxes, payable once the Product reaches the specified destination. Any additional cost of customs clearance will be borne by the Consumer.
Art. 4 – Warranties
4.1 The Consumer accepts that, given the type of Product Adopted, the “Legal Guarantee” is that provided by the Manufacturer and not by UFarmer.
4.2 UFaremer will not be liable in the event of delay in the delivery of the goods purchased due to insufficient stocks at the Manufacturer, problems related to the carrier, to situations of blocking in general due to pandemics, strikes, government measures in general and/or for any reason that is independent of the organisational power of UFarmer.
4.3 UFarmer will not be liable in the event of non-substantial differences between the goods purchased and their illustrative images and text descriptions published on the UFarmer website.
4.4 UFarmer shall not be liable for any losses incurred, loss of earnings or any other damage related to any default by the Manufacturer in respect of the Products sold on the UFarmer website.
4.5 UFarmer remains unrelated to the Adoption transaction, which occurs exclusively between the Consumer and the Producer.
4.6 Ufarmer assumes no responsibility for the Adoption contract and its proper performance, and does not represent the Manufacturer in any way. The Manufacturer is solely responsible for the Adoption of the Products and must deal directly with any complaints or issues related to the contract with the Consumer, including taking on the obligations of Legal Warranty.
4.7 The Consumer is aware and accepts that UFarmer is uniquely identified as the entity that facilitates the conclusion of a contract with the Producer through the UFarmer website.
4.8 UFarmer cannot ensure that access to the platform is provided without interruption and that transmissions take place without error. UFarmer is, in any case, not responsible for the interruptions and periodic suspensions operated to allow the execution of repair works, maintenance or the introduction of new activities or services. In all cases of interruptions and suspensions UFarmer will not be liable for: (a) direct losses (b) loss of business opportunity (including loss of earnings, revenues, contracts, expected savings, data, goodwill or unnecessarily incurred expenses); (c) any other indirect or consequential loss which had not been reasonably foreseeable.
Art. 5 – Copyright and trademarks
5.1 Tutti i contenuti presenti o resi disponibili attraverso la piattaforma Web UFarmer sono di proprietà di UFarmer, dei suoi Produttori o dei suoi Fornitori di contenuti e sono protetti dalle leggi internazionali in materia di diritto d’autore e diritti sulle banche dati.
5.2 The Consumer may not systematically extract and/or reuse the UFarmer Services without the express written consent of the same.
5.3 The Consumer is not allowed to create and/or publish a database that reproduces parts of the UFarmer services or that in some way constitutes imitation activities.
5.4 UFaremr’s trademarks and distinguishing marks may not be used in relation to products or services that are not UFarmer’s and, in general, in such a way as to cause confusion among Consumers or in any way that may denigrate or discredit UFarmer.
Art. 6 – Access to the platform
6.1 UFarmer makes available to the Consumer the possibility to access the UFarmer platform through the website www.ufarmer.it to make a personal use and not commercial/ professional.
6.2 The Consumer undertakes not to misuse the UFarmer Services. The violation of these General Conditions or the improper use of the platform will result in the revocation of the access authorization.
Art. 7 – Account
7.1 In order to access the Services offered by UFarmer, the Consumer must proceed with the reaction of a Personal Account by following the relevant instructions and providing a valid payment method associated with it.
7.2 If there is a problem in charging the selected payment method, UFarmer may charge any other valid payment method associated with the account.
7.3 The Consumer is solely responsible for all activities that will be carried out with his account and password and undertakes to take all necessary precautions to ensure that the password remains secure and confidential and undertakes to immediately inform UFarmer in the event of undue access.
7.4 The Consumer is obliged to ensure that the data provided and entered on the platform are correct and complete and to update immediately any change of information.
7.5 The Consumer is obliged not to use a fake email address, pretend to be another person or subject or otherwise lie about their data.
7.6 The Consumer may access personal information from the account section of the site.
7.7 The Consumer undertakes not to use his account: (a) in such a way as to cause, or to cause, interruptions, damages or malfunctions to the Platform and its functionalities; (b) for fraudulent purposes, or otherwise to commit illegal activities; (c) in order to cause harm in any event to UFarmer or third parties.
7.8 UFarmer reserves the right to suspend the account or close an account, in the event of violations by the Consumer of the General Conditions or of any provisions of law or of the applicable guidelines or policies. These activities will be notified by simple communication to the email identified by the Consumer and will be immediately effective without any proof of receipt.
Art. 8 – Reviews
8.1 In the event that, by accessing the account, it is permitted to publish ratings or reviews, the Consumer undertakes to hold UFarmer harmless from all legal actions possibly taken by third parties against UFarmer, arising from or in any way connected with the content of what is published by the Consumer.
8.2 The Consumer undertakes, in any case, not to make evaluations or reviews that may in any way prejudice the rights of the Producer or third parties.
Art. 9 – Applicable law
9.1 This Agreement is governed by and construed in accordance with Italian law.
9.2 Any dispute arising in connection with the interpretation or execution of this Agreement shall be the sole responsibility of the Court of Milan.
Art. 10 – Changes and changes to the General Terms and Conditions:
10.1 UFarmer reserves the right to modify these General Terms and Conditions at any time to offer new services or to comply with legal and regulatory provisions. The change will be the subject of simple communication by email or published on the site that the Consumer undertakes to verify and consult before purchase.
10.2 The Consumer shall be subject to the General Terms and Conditions of the Contract in force from time to time when using the UFarmer Website. If any provision of these conditions is held to be invalid, void or for any reason unenforceable, this condition will not affect the validity and effectiveness of the other provisions.
The agreement is digitally signed and fully accepted by both parties at the time of the Adoption transaction.