Terms and conditions of sale
Introduction
1. The contract between Orto Fortunato and the Customer is considered finalized with the acceptance, even partial, of the order. This acceptance is deemed implicit unless otherwise communicated to the Customer by any means. By placing an order through the various available methods, the Customer acknowledges having read all the information provided during the purchase process and fully accepts the general terms and payment conditions.
2. If the Customer is a consumer (i.e., a person who buys goods for purposes not related to their professional activity), upon completing the online purchase process, they should print or save an electronic copy of these general terms of sale and retain them, in compliance with Articles 3 and 4 of Legislative Decree 185/1999 concerning distance sales.
3. The Customer waives any right to claim damages or compensation, and disclaims any contractual or non-contractual liability for direct or indirect damages to persons and/or property, resulting from the non-acceptance, even partial, of an order.
2. If the Customer is a consumer (i.e., a person who buys goods for purposes not related to their professional activity), upon completing the online purchase process, they should print or save an electronic copy of these general terms of sale and retain them, in compliance with Articles 3 and 4 of Legislative Decree 185/1999 concerning distance sales.
3. The Customer waives any right to claim damages or compensation, and disclaims any contractual or non-contractual liability for direct or indirect damages to persons and/or property, resulting from the non-acceptance, even partial, of an order.
Definitions
ortofortunato.com: This refers to the online store named Orto Fortunato, owned by the company of the same name, with its registered office in Località Riccio, Cortona (AR) - Italy. The store specializes in selling food products from its assortment via the Internet.
Products: These include all items and goods marketed by Orto Fortunato and available in its assortment.
Customer: This is the purchaser of the Products who qualifies as a consumer, defined as a natural or legal person buying for purposes not related to any commercial or professional activity they might engage in.
Site: This encompasses all web pages associated with www.ortofortunato.com.
Offers: These are sales promotions carried out by ortofortunato.com for some or all of its Products, available for a limited time at a discounted price from the normal selling price.
Purchase: This refers to the act of placing an order for Products, with the delivery scheduled for a day following the submission of the order by the Customer to ortofortunato.com.
Home Delivery: This indicates a purchase order where the Products are delivered to the address specified by the Customer in the purchase order as the shipping address.
Login: This is the section where the customer can view their personal data and potentially modify or delete it.
Products: These include all items and goods marketed by Orto Fortunato and available in its assortment.
Customer: This is the purchaser of the Products who qualifies as a consumer, defined as a natural or legal person buying for purposes not related to any commercial or professional activity they might engage in.
Site: This encompasses all web pages associated with www.ortofortunato.com.
Offers: These are sales promotions carried out by ortofortunato.com for some or all of its Products, available for a limited time at a discounted price from the normal selling price.
Purchase: This refers to the act of placing an order for Products, with the delivery scheduled for a day following the submission of the order by the Customer to ortofortunato.com.
Home Delivery: This indicates a purchase order where the Products are delivered to the address specified by the Customer in the purchase order as the shipping address.
Login: This is the section where the customer can view their personal data and potentially modify or delete it.
Generalities and scope
These Terms and Conditions apply to all sales made by Orto Fortunato on the Site.
Any changes and/or new conditions will be in force from the moment they are published in the "Terms and Conditions" section of the Site. To this end, we invite users to regularly access the Site and check the publication of the most updated General Conditions.
The applicable General Terms and Conditions are those in effect on the date the purchase order is submitted.
Any changes and/or new conditions will be in force from the moment they are published in the "Terms and Conditions" section of the Site. To this end, we invite users to regularly access the Site and check the publication of the most updated General Conditions.
The applicable General Terms and Conditions are those in effect on the date the purchase order is submitted.
Contractual Formalization
Contract Formation: All contracts are concluded exclusively when the Customer accesses the Site via the Internet.
Order Process: The purchase process for the selected products will be completed in the following stages:
- By submitting the order, you send a purchase proposal for the selected product(s) to ortofortunato.com, expressed online. This order submission implies your consent (as per Art. 10 of Legislative Decree 185/1999) to receive subsequent communications from ortofortunato.com, aimed solely at the conclusion and execution of the sales contract.
- All purchase orders submitted to ortofortunato.com must be fully and accurately completed. They must include all necessary details to correctly identify the ordered Products, the Customer, and the delivery location for the Products.
- ortofortunato.com reserves the right to refuse incomplete or improperly filled orders.
- ortofortunato.com will confirm the purchase request via email, which will include information regarding the sales conditions, as required by Art. 4 of Legislative Decree 185/1999. The order confirmation is considered an acceptance of the purchase proposal.
- The contract is deemed finalized and binding for both parties once the order confirmation is sent to the Customer.
Product Availability
- If the Customer's order exceeds the available quantity of a particular item, ortofortunato.com will accept the purchase only for the amount available in its virtual inventory. Orto Fortunato’s Customer Service will inform the Customer (via phone or email) whether the ordered products will be available in the future.
- In cases where one or more Products are unavailable, Orto Fortunato will proceed with the delivery of the remaining ordered Products. This partial delivery is considered valid and does not entitle the Customer to reject the delivery or claim any compensation or indemnity.
Product Unavailability
- In any case of unavailability of the ordered product, the Customer will be promptly informed. If payment has already been made, Orto Fortunato will refund the amount paid, including order processing and shipping fees, immediately and in any case within thirty days from the day following the order submission.
Order Refusal Rights
- Orto Fortunato reserves the right to refuse orders from any source that appear abnormal concerning the quantity of products purchased or the frequency of purchases made on the Site, as well as any improper or suspicious use of gift or discount vouchers.
Order Process: The purchase process for the selected products will be completed in the following stages:
- By submitting the order, you send a purchase proposal for the selected product(s) to ortofortunato.com, expressed online. This order submission implies your consent (as per Art. 10 of Legislative Decree 185/1999) to receive subsequent communications from ortofortunato.com, aimed solely at the conclusion and execution of the sales contract.
- All purchase orders submitted to ortofortunato.com must be fully and accurately completed. They must include all necessary details to correctly identify the ordered Products, the Customer, and the delivery location for the Products.
- ortofortunato.com reserves the right to refuse incomplete or improperly filled orders.
- ortofortunato.com will confirm the purchase request via email, which will include information regarding the sales conditions, as required by Art. 4 of Legislative Decree 185/1999. The order confirmation is considered an acceptance of the purchase proposal.
- The contract is deemed finalized and binding for both parties once the order confirmation is sent to the Customer.
Product Availability
- If the Customer's order exceeds the available quantity of a particular item, ortofortunato.com will accept the purchase only for the amount available in its virtual inventory. Orto Fortunato’s Customer Service will inform the Customer (via phone or email) whether the ordered products will be available in the future.
- In cases where one or more Products are unavailable, Orto Fortunato will proceed with the delivery of the remaining ordered Products. This partial delivery is considered valid and does not entitle the Customer to reject the delivery or claim any compensation or indemnity.
Product Unavailability
- In any case of unavailability of the ordered product, the Customer will be promptly informed. If payment has already been made, Orto Fortunato will refund the amount paid, including order processing and shipping fees, immediately and in any case within thirty days from the day following the order submission.
Order Refusal Rights
- Orto Fortunato reserves the right to refuse orders from any source that appear abnormal concerning the quantity of products purchased or the frequency of purchases made on the Site, as well as any improper or suspicious use of gift or discount vouchers.
Terms and conditions of purchase
Limited-Time Offers
- The promotions and offers listed on the Site are available for a limited time and with limited quantities of products. These offers are subject to the conditions specified on the Site during the promotional period.
Pricing
- All prices displayed on the Site are in Euros (€) and include VAT. The additional costs for order processing and delivery are explicitly indicated and also include VAT. These costs will be shown separately on the order form before submission and in the order confirmation email.
- The price of products may be changed without notice until the order is confirmed. However, the price charged to the Customer will be the one published on the product page at the time the order is submitted.
Ownership of Products
- The products remain the property of Orto Fortunato until the Customer has paid the purchase price and any applicable fees in full.
Order Fulfillment
- Orto Fortunato will process the purchase order only after receiving confirmation of payment authorization for the total amount due, which includes the purchase price, shipping costs, and any additional charges as indicated in the order form.
Order Refusal Rights
- Orto Fortunato reserves the right to refuse orders from users who do not provide sufficient creditworthiness guarantees or with whom there are outstanding disputes. This includes the right to reject orders in cases where there are issues related to payment or previous transactions that raise concerns about the user’s reliability as a customer.
- The promotions and offers listed on the Site are available for a limited time and with limited quantities of products. These offers are subject to the conditions specified on the Site during the promotional period.
Pricing
- All prices displayed on the Site are in Euros (€) and include VAT. The additional costs for order processing and delivery are explicitly indicated and also include VAT. These costs will be shown separately on the order form before submission and in the order confirmation email.
- The price of products may be changed without notice until the order is confirmed. However, the price charged to the Customer will be the one published on the product page at the time the order is submitted.
Ownership of Products
- The products remain the property of Orto Fortunato until the Customer has paid the purchase price and any applicable fees in full.
Order Fulfillment
- Orto Fortunato will process the purchase order only after receiving confirmation of payment authorization for the total amount due, which includes the purchase price, shipping costs, and any additional charges as indicated in the order form.
Order Refusal Rights
- Orto Fortunato reserves the right to refuse orders from users who do not provide sufficient creditworthiness guarantees or with whom there are outstanding disputes. This includes the right to reject orders in cases where there are issues related to payment or previous transactions that raise concerns about the user’s reliability as a customer.
Time and Shipping Costs
Shipping Timeframes
- Shipments within Italy are handled by our couriers and typically delivered within 24 to 48 hours after the goods are dispatched. For deliveries to Sicily, Sardinia, and Calabria, the timeframe extends to 48 to 72 hours.
Shipping Costs
- A shipping fee of €10 applies to orders under €80. For orders exceeding this amount, shipping is included at no extra cost.
Delays and Force Majeure
- Delivery times provided on the Site are indicative and not binding. They may vary due to unforeseen circumstances such as adverse weather conditions or strikes. In such cases of force majeure or accidental events, Orto Fortunato is not liable for any delivery delays.
Delivery Process
- Deliveries are made during standard working hours. Therefore, it is essential to provide an address where someone will be available to receive the package, as well as a contact phone number to allow the courier and our Customer Service to reach the recipient if necessary.
- In the event of "missed delivery," the courier will leave a notice with a new delivery date and time or instructions for picking up the package from the nearest courier office.
Completion of Delivery
- Delivery is considered complete when the product is made available to the user at the specified address in the order form.
Product Condition Verification
- It is the recipient's responsibility to inspect the condition of the delivered product. If the package shows signs of damage, tampering, or alteration, the recipient should accept the package from the courier with a "Reservation of Inspection" note. If any goods are damaged inside, the user should promptly notify Orto Fortunato's Customer Service via email at info@ortofortunato.com.
- In the notification, the user should list the damaged products, include the delivery receipt marked with "Accepted with Reservation of Inspection," and, if possible, provide photographic evidence of the damaged items. If the package is accepted without the "Reservation of Inspection" note, Orto Fortunato will not be able to pursue claims against the courier and cannot resend the damaged goods.
- Shipments within Italy are handled by our couriers and typically delivered within 24 to 48 hours after the goods are dispatched. For deliveries to Sicily, Sardinia, and Calabria, the timeframe extends to 48 to 72 hours.
Shipping Costs
- A shipping fee of €10 applies to orders under €80. For orders exceeding this amount, shipping is included at no extra cost.
Delays and Force Majeure
- Delivery times provided on the Site are indicative and not binding. They may vary due to unforeseen circumstances such as adverse weather conditions or strikes. In such cases of force majeure or accidental events, Orto Fortunato is not liable for any delivery delays.
Delivery Process
- Deliveries are made during standard working hours. Therefore, it is essential to provide an address where someone will be available to receive the package, as well as a contact phone number to allow the courier and our Customer Service to reach the recipient if necessary.
- In the event of "missed delivery," the courier will leave a notice with a new delivery date and time or instructions for picking up the package from the nearest courier office.
Completion of Delivery
- Delivery is considered complete when the product is made available to the user at the specified address in the order form.
Product Condition Verification
- It is the recipient's responsibility to inspect the condition of the delivered product. If the package shows signs of damage, tampering, or alteration, the recipient should accept the package from the courier with a "Reservation of Inspection" note. If any goods are damaged inside, the user should promptly notify Orto Fortunato's Customer Service via email at info@ortofortunato.com.
- In the notification, the user should list the damaged products, include the delivery receipt marked with "Accepted with Reservation of Inspection," and, if possible, provide photographic evidence of the damaged items. If the package is accepted without the "Reservation of Inspection" note, Orto Fortunato will not be able to pursue claims against the courier and cannot resend the damaged goods.
Right of Withdrawal
Adherence to Consumer Code
- Orto Fortunato fully complies with the Consumer Code enacted by Legislative Decree No. 206 of September 6, 2005, under Article 7 of the enabling law of July 29, No. 229, which reorganizes existing provisions on consumer protection. This code encompasses most regulations issued by the European Union over the past twenty-five years to protect consumers. These regulations have been adopted by the Italian State due to obligations arising from EU membership.
Right of Withdrawal
- The Right of Withdrawal allows consumers to withdraw from any distance purchase within fourteen working days and receive a full refund of the purchase amount, without any penalty, as outlined in Legislative Decree 185 of May 22, 1999, which includes online purchases. However, shipping costs are excluded from this refund policy.
- According to EU regulations, the right of withdrawal applies only to natural persons (consumers) acting for purposes unrelated to their business activities.
- Therefore, this right cannot be exercised by legal entities or individuals acting for purposes related to their commercial activities.
- Purchases made by resellers or any entities buying for resale to third parties are also excluded from the right of withdrawal. Additionally, the right of withdrawal does not apply to the supply of food items that, by their nature, cannot be returned or are likely to deteriorate or expire rapidly.
Procedure for Withdrawal
- To exercise the right of withdrawal, the consumer must send a registered letter with acknowledgment of receipt to Orto Fortunato at the following address:
Orto Fortunato
Località Riccio - 52044 Cortona (AR)
- We recommend that you notify us in advance by email at info@ortofortunato.com or by calling one of the numbers listed at the bottom of the site.
- The user must ship the purchased products, using a carrier of their choice and at their own expense, within 14 working days from the date of receipt. The products must be properly packaged in their original packaging, including any accessories.
- Please send the products exclusively to our logistics service at the following address:
Orto Fortunato
Località Riccio - 52044 Cortona (AR)
Condition of Returned Products
- According to Article 67, Paragraph 2, of the Consumer Code, a necessary condition for exercising the right of withdrawal is the substantial integrity of the returned product. The products must not be damaged or altered in any way. For perishable products (stored at controlled temperatures), the customer must ensure proper temperature maintenance; otherwise, Orto Fortunato cannot issue a refund, as the goods will be compromised.
Exceptions to the Right of Withdrawal
- Not all products can be returned. The law DOES NOT ALLOW THE RETURN of perishable food products. Therefore, consumers should be aware that perishable items are non-returnable due to their nature and potential for rapid deterioration.
- Orto Fortunato fully complies with the Consumer Code enacted by Legislative Decree No. 206 of September 6, 2005, under Article 7 of the enabling law of July 29, No. 229, which reorganizes existing provisions on consumer protection. This code encompasses most regulations issued by the European Union over the past twenty-five years to protect consumers. These regulations have been adopted by the Italian State due to obligations arising from EU membership.
Right of Withdrawal
- The Right of Withdrawal allows consumers to withdraw from any distance purchase within fourteen working days and receive a full refund of the purchase amount, without any penalty, as outlined in Legislative Decree 185 of May 22, 1999, which includes online purchases. However, shipping costs are excluded from this refund policy.
- According to EU regulations, the right of withdrawal applies only to natural persons (consumers) acting for purposes unrelated to their business activities.
- Therefore, this right cannot be exercised by legal entities or individuals acting for purposes related to their commercial activities.
- Purchases made by resellers or any entities buying for resale to third parties are also excluded from the right of withdrawal. Additionally, the right of withdrawal does not apply to the supply of food items that, by their nature, cannot be returned or are likely to deteriorate or expire rapidly.
Procedure for Withdrawal
- To exercise the right of withdrawal, the consumer must send a registered letter with acknowledgment of receipt to Orto Fortunato at the following address:
Orto Fortunato
Località Riccio - 52044 Cortona (AR)
- We recommend that you notify us in advance by email at info@ortofortunato.com or by calling one of the numbers listed at the bottom of the site.
- The user must ship the purchased products, using a carrier of their choice and at their own expense, within 14 working days from the date of receipt. The products must be properly packaged in their original packaging, including any accessories.
- Please send the products exclusively to our logistics service at the following address:
Orto Fortunato
Località Riccio - 52044 Cortona (AR)
Condition of Returned Products
- According to Article 67, Paragraph 2, of the Consumer Code, a necessary condition for exercising the right of withdrawal is the substantial integrity of the returned product. The products must not be damaged or altered in any way. For perishable products (stored at controlled temperatures), the customer must ensure proper temperature maintenance; otherwise, Orto Fortunato cannot issue a refund, as the goods will be compromised.
Exceptions to the Right of Withdrawal
- Not all products can be returned. The law DOES NOT ALLOW THE RETURN of perishable food products. Therefore, consumers should be aware that perishable items are non-returnable due to their nature and potential for rapid deterioration.
Payment Methods
Accepted Payment Methods
Customers can pay for the ordered Products using the following methods:
Cash on Delivery (Contrassegno): Payment is made directly to the courier at the time of delivery.
PayPal: An online payment service that allows payments through a secure platform.
Advance Bank Transfer: Payment is made in advance by transferring the funds to Orto Fortunato’s bank account before the order is processed and shipped.
Payment Authorization:
- By filling in the appropriate section on the Site, the Customer authorizes Orto Fortunato to use the selected payment method, which may require prior authorization (as in the case of credit cards). For other methods such as advance bank transfer and cash on delivery, the Customer agrees to personally complete the payment process upon filling out this section.
Timing of Payment Charges:
- For pre-authorized methods (such as credit cards) and bank transfers, the actual charge is made in advance of the delivery of the products. In the case of cash on delivery, payment is made upon receipt of the products at the delivery address.
Non-payment and Order Rejection:
- In the event of non-payment, Orto Fortunato will charge the user for the costs related to the handling of the outstanding amount and will reject the associated purchase order. Notification of this rejection will be sent via email.
- Orto Fortunato reserves the right, at its sole discretion, to refuse certain payment methods. This means that not all payment options may be available for every order, and Orto Fortunato may limit the payment methods based on the specific circumstances of each transaction.
Customers can pay for the ordered Products using the following methods:
Cash on Delivery (Contrassegno): Payment is made directly to the courier at the time of delivery.
PayPal: An online payment service that allows payments through a secure platform.
Advance Bank Transfer: Payment is made in advance by transferring the funds to Orto Fortunato’s bank account before the order is processed and shipped.
Payment Authorization:
- By filling in the appropriate section on the Site, the Customer authorizes Orto Fortunato to use the selected payment method, which may require prior authorization (as in the case of credit cards). For other methods such as advance bank transfer and cash on delivery, the Customer agrees to personally complete the payment process upon filling out this section.
Timing of Payment Charges:
- For pre-authorized methods (such as credit cards) and bank transfers, the actual charge is made in advance of the delivery of the products. In the case of cash on delivery, payment is made upon receipt of the products at the delivery address.
Non-payment and Order Rejection:
- In the event of non-payment, Orto Fortunato will charge the user for the costs related to the handling of the outstanding amount and will reject the associated purchase order. Notification of this rejection will be sent via email.
- Orto Fortunato reserves the right, at its sole discretion, to refuse certain payment methods. This means that not all payment options may be available for every order, and Orto Fortunato may limit the payment methods based on the specific circumstances of each transaction.
Applicable Law and Final Dispositions
Governing Law
- The General Terms and Conditions are governed by Italian law. This means that all matters concerning the interpretation, validity, and performance of these terms will be regulated and construed in accordance with the laws of Italy.
Applicable Legal Provisions
- For all matters not expressly addressed in these Terms and Conditions, the relevant legal provisions that apply to relationships and cases governed by the online contract between the Customer and ortofortunato.com will prevail. This includes the general principles and specific regulations outlined under Italian law.
Acceptance of Terms
- In accordance with Articles 1341 and 1342 of the Italian Civil Code, the Customer declares that they have carefully read and explicitly accept all the clauses of the Terms and Conditions outlined above. This declaration confirms the Customer's understanding and agreement to all stipulations detailed in the contract.
Jurisdiction
- Any disputes related to the application, execution, interpretation, or breach of the online contract between the Customer and Orto Fortunato are subject to Italian jurisdiction. This implies that any legal issues arising from these terms will be resolved under Italian law.
- For any dispute between the parties concerning these matters, the exclusive jurisdiction is vested in the Court of Arezzo. Therefore, the Customer agrees that the Court of Arezzo will be the competent authority for handling any disputes or claims related to the agreement.
Customer Agreement on Jurisdiction
- By using Orto Fortunato’s services, the Customer accepts that any controversy or legal issue arising from their interaction with Orto Fortunato will be managed exclusively by the Court of Arezzo. This agreement to the jurisdiction of the Court of Arezzo is a mandatory part of the contractual relationship with Orto Fortunato.
- The General Terms and Conditions are governed by Italian law. This means that all matters concerning the interpretation, validity, and performance of these terms will be regulated and construed in accordance with the laws of Italy.
Applicable Legal Provisions
- For all matters not expressly addressed in these Terms and Conditions, the relevant legal provisions that apply to relationships and cases governed by the online contract between the Customer and ortofortunato.com will prevail. This includes the general principles and specific regulations outlined under Italian law.
Acceptance of Terms
- In accordance with Articles 1341 and 1342 of the Italian Civil Code, the Customer declares that they have carefully read and explicitly accept all the clauses of the Terms and Conditions outlined above. This declaration confirms the Customer's understanding and agreement to all stipulations detailed in the contract.
Jurisdiction
- Any disputes related to the application, execution, interpretation, or breach of the online contract between the Customer and Orto Fortunato are subject to Italian jurisdiction. This implies that any legal issues arising from these terms will be resolved under Italian law.
- For any dispute between the parties concerning these matters, the exclusive jurisdiction is vested in the Court of Arezzo. Therefore, the Customer agrees that the Court of Arezzo will be the competent authority for handling any disputes or claims related to the agreement.
Customer Agreement on Jurisdiction
- By using Orto Fortunato’s services, the Customer accepts that any controversy or legal issue arising from their interaction with Orto Fortunato will be managed exclusively by the Court of Arezzo. This agreement to the jurisdiction of the Court of Arezzo is a mandatory part of the contractual relationship with Orto Fortunato.