Terms and Conditions
Tenuta Tolomei Termini e Condizioni
These Terms govern
- use of this website and
- any other agreement or legal relationship with the Holder
bindingly. Expressions with uppercase initials are defined in the relative section of this document.
Please read this document carefully.
The person responsible for this Website is:
AGRICULTURAL COMPANY VILLA TOLOMEI A R. L. A UNIQUE MEMBER
St. Mary’s Street in Marignolle, 10 – 50124, Florence
Tax Code and VAT Number: 06727600485
Owner’s email address: email@example.com
To know at a glance
- The right of withdrawal applies only to European consumers.
- Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who do not act as Consumers. These restrictions are always explicitly mentioned in each clause concerned. If not mentioned, the clauses apply to all Users.
Using this Website, you claim to meet the following requirements:
- There are no restrictions on Users being Consumers or Professional Users.
To take advantage of the Service, you can open an account with all the data and information requested in a complete and truthful manner.
You can also use the Service without registering or creating an account. In that case, however, certain functions may not be available.
It is the responsibility of Users to maintain their login credentials securely and to preserve their confidentiality. To do this, Users must choose a password that matches the highest level of security available on this Website.
By creating an account, you agree to be fully responsible for any activity that is in place with your login credentials.
You are required to notify the Owner immediately and uniquely through the contact details provided in this document if they believe that their personal information, such as your account, login credentials, or personal information, has been breached, unlawfully disclosed, or stolen.
You are free to close your account and stop using the Service at any time by following these steps:
- Contacting the Owner at the contact details in this document.
Account suspension and deletion
The Holder reserves the right to suspend or delete a User’s account at any time at their discretion and without notice, if you deem it inappropriate, offensive or contrary to these Terms.
Suspending or canceling your account does not give you any right to compensation, refund or compensation.
The suspension or cancellation of an account for reasons that can be charged to you does not exempt you from paying any applicable fees or prices.
Content on this website
Unless otherwise specified or clearly recognizable, all content available on this Website is owned by or provided by the Owner or/its licensees.
The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable legislation or third-party rights. However, this is not always possible.
In such cases, without any prejudice to the rights and claims legally enforceable, You are asked to submit their complaints through the contact details specified in this document.
Content rights of this Website
The Holder expressly holds and reserves all intellectual property rights on the content.
Users are not allowed to use content in any way that is not necessary or implied in the proper use of the Service.
In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the specified limits, modifying, translating, processing, publishing, transmitting, selling, granting sublicenses, transforming, transferring/alienating to third parties or creating derived works from the content available on this Website, to allow third parties to undertake such activities through their User or Device account, even without their knowledge.
If expressly stated on this Website, you are authorized to download, copy and/or share certain content available on this Website exclusively for personal and non-commercial purposes and provided that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance required by the Holder.
The limitations and exclusions of copyright law remain in place.
Access to external resources
Using this Website, Users may have access to resources provided by third parties. Users recognize and accept that the Owner has no control over these resources and therefore is unresponsive for their content and availability.
The conditions applicable to resources provided by third parties, including those applicable to any content rights concessions, are determined by the same third parties and regulated in their terms and conditions or, in their absence, by law.
This Website and the Service can only be used for the purposes for which they are offered, according to these Terms and under applicable law.
It is your sole responsibility to ensure that the use of this Website and/or Service does not violate the law, regulations or rights of third parties.
Therefore, the Holder reserves the right to take any measure to protect his legitimate interests, and in particular to deny the User access to this Website or Service, resolve contracts, denounce any censorable activity carried out through this Website or the Service to the relevant authorities – e.g. judicial or administrative authority – whenever you are in place or there is a suspicion that you have:
- violations of the law, regulations and/or terms;
- injuries of third-party rights;
- acts that can significantly prejudice the owner’s legitimate interests;
- offenses to the Owner or a third party.
Users can access their data about this Website through the Application Program Interface (API). Each use of the API, including through third-party products or services that access this Website, is subject to the Terms and in addition to the following specific conditions:
- You expressly acknowledge and accept that the Holder is not accountable for damages or losses resulting from your use of the API or third-party products or services that access data through the API.
TERMS AND TERMS OF SALE
Some of the Products offered on this website, as part of the service, are provided for a fee.
The rates, duration and conditions applicable to the sale of these Products are described below and in the respective sections of this Website.
Prices, descriptions and availability of Products are specified in the respective sections of this Website and are subject to change without notice.
Although the Products on this Website are presented with the highest technically possible accuracy, the representation through photos, images, colors, sounds or any other means is to be understood as a mere reference and does not imply any guarantee regarding the characteristics of the Purchased Product.
The characteristics of the selected Product will be specified during the purchase process.
Each step, from the choice of the product to the submission of the order, is part of the purchase process.
The purchase process includes the following steps:
- Users are asked to choose the desired Product and check their purchase choice.
- After checking the information visible in the purchase choice, Users can place the order by submitting it.
Sending the order
Sending the order involves the following:
- Sending the order by the user determines the conclusion of the contract and makes it possible for you to pay price, taxes and any additional charges and expenses, as specified on the order page.
- In the event that the Purchased Product requires an active contribution from you, such as the provision of personal information or data, specifications or special requests, the submission of the order also constitutes the obligation to cooperate accordingly.
- Once the order has been placed, a confirmation of receipt of the order will be sent to the Users.
All notifications about the purchase process described above will be sent to the e-mail address provided by you for this purpose.
During the purchase process and prior to the order submission, Users are duly informed of all fees, fees and costs (including any shipping costs) that will be charged to them.
Prices on this Website are shown:
- applicable fees and costs excluded or included, depending on the section you are browsing.
Promotions and discounts
The Owner may offer discounts or special promotions for purchasing the Products. Such promotions or discounts are always subject to the requirements and terms and conditions provided in the relevant section of this Website.
Promotions and offers are always granted at the discretion of the Holder.
Repeated or periodic promotions or discounts do not constitute any claim or right that users can operate in the future.
Depending on the case, discounts and promotions apply for a certain period of time or until stocks run out. Unless otherwise specified, if a promotion or discount is limited in time, the time refers to the time zone of the Owner’s location, as indicated in the contact details in this document.
Promotions and discounts can be offered in the form of Vouchers.
In the event of a breach of the conditions applicable to the Vouchers, the Holder may legitimately refuse to fulfil his contractual obligations and expressly reserves the right to act in the appropriate judicial forums in order to protect his rights and interests.
Any additional or divergent provisions applicable to the use of the vouchers on the relevant information page or on the Voucher itself prevail in any case, regardless of the provisions that follow.
Unless otherwise specified, the following rules apply to the use of vouchers:
- Each Voucher is valid only if used in the manner and time period specified on the website and/or on the Voucher;
- The voucher can only be redeemed in full at the time of purchase – partial use is not allowed;
- Unless otherwise specified, disposable vouchers can only be redeemed once per purchase and can therefore only be redeemed once even in the case of installment purchases;
- Vouchers are not cumulative;
- The voucher must be used within the specified validity period. After the deadline expires, the Voucher will be automatically cancelled. Any possibility of claiming rights, including the repayment of the value of the voucher, is excluded;
- You are not entitled to any credit/refund/compensation if there is a difference between the value of the voucher and the redeemed value;
- The voucher is intended for non-commercial use only. The reproduction, counterfeiting and marketing of the voucher are strictly prohibited, as are any illegal activity related to the purchase and/or use of the voucher.
Means of payment
Details of accepted means of payment are highlighted during the purchase process.
Some means of payment are linked to additional conditions or additional costs. Detailed information is provided in the relevant section of this Website.
All payments are managed independently by third-party services. Therefore, this Website does not collect payment details – such as credit card numbers – but receives a notification once the has been successful.
If the payment made by one of the available means fails or is rejected by the payment service provider, the Holder is not obliged to execute the order. Any costs or fees resulting from the failed or declined payment are borne by you.
Authorization for future PayPal payments
In the event that you authorize the PayPal feature that allows future purchases, this Website will store an identification code linked to your PayPal account. This allows this Website to automatically process payments for future purchases or for the payment of periodic installments of a previous purchase.
Authorization can be revoked at any time by contacting the Owner or changing payPal’s personal settings.
Until you receive the payment of the full purchase price from the Holder, you do not purchase the ownership of the Products ordered.
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
At the time of delivery, Users should check the contents of the package and promptly report any anomalies to the contact details listed in this document or as described in the delivery bubble. Users can refuse to accept the package if it is visibly damaged.
Delivery can take place in the countries or territories specified in the real section of this Website.
Delivery times are indicated on this website or during the purchase process.
Failure to deliver
The Holder does not respond in any way to any delivery errors resulting from inaccuracies or omissions committed by the User in the completion of the purchase order, or for any damage or delays that occurred after the delivery to the courier if the courier has been instructed by the User.
If the goods are not delivered or withdrawn at the time or within the deadline, they will be returned to the Holder, who will contact you to schedule a second delivery attempt or agree further measures.
Unless otherwise specified, any delivery attempt from the second will be paid by the User.
Right of withdrawal
With exceptions, you may be entitled to withdraw from the contract within the specified period (usually 14 days) for any reason and without justification. You can find more information about the right of withdrawal in this section.
Who enjoys the right of withdrawal
If one of the exceptions listed below is not applied, Users acting as European Consumers are entitled by law to withdraw from contracts concluded online (distance contracts) within the time period applicable to the specific case for any reason and without need of justification.
Users who do not meet these requirements do not have the rights described in this section.
Exercise of the right of withdrawal
In order to exercise the right of withdrawal, you must send an unequivocal notice to the Holder of your intention to withdraw from the contract.
To do this, you can use the type withdrawal form found in the definitions section of this document. However, you are free to express your intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, you must submit your declaration of withdrawal before the termination period expires.
When does the withdrawal deadline expire?
- In the case of the purchase of goods,the withdrawal period expires after 14 days from the day when the User or a third party – from them in charge and other than the courier – takes possession of the goods.
- If you buy multiple goods ordered together but delivered separately or in the case of the purchase of a single asset consisting of several lots or pieces delivered separately the withdrawal period expires after 14 days from the day when the User or a third party – from them in charge and different from the courier – takes possession of the last of the goods, lots or pieces.
Effects of withdrawal
The Holder reimburses all payments received, including, if made, those relating to delivery fees to Users who have successfully exercised the right of withdrawal.
However, the higher cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Holder, will remain borne by the User.
The refund is made without undue delay and in any case within 14 days of the day the Holder was informed of the decision of the User to withdraw from the contract. Unless otherwise agreed with you, the refund is made using the same means of payment used for the initial transaction. You must not incur any costs as a result of withdrawal.
… on material goods purchase contracts
Unless the Holder has offered to withdraw the goods, you are required to return them to the Holder or other person authorized to receive them without undue delay and in any case within 14 days of the day you have communicated your intention to withdraw from the contract.
The deadline is met if the delivery of the goods to the courier or other authorised person takes place before the expiry of the 14-day period described above. The refund can be withheld until the goods are received or until you have provided proof that you have returned them.
You are responsible for the decrease in the value of goods resulting from the use of goods other than that necessary to determine their nature, characteristics and operation.
The shipping costs of the return are borne by the User.
Legal Product Compliance Guarantee
Under European law, the seller ensures that goods sold for a minimum of 2 years of delivery are compliant. Therefore, the seller is required to ensure that the purchased goods have the quality, functionality or features promised or reasonably foreseeable for at least two years from the time of delivery to the buyer.
If Users act as European Consumers, the legal guarantee of compliance of the goods applies to the items available on this Website in accordance with the laws of the country in which they usually reside.
The national laws of that country may grant these Users broader rights.
Consumers who do not act as European Consumers may have compliance guarantee rights under the rules of the country in which they usually reside.
Limitation of responsibility and manleva
Limitation of responsibility
No provision in these Terms excludes, limits or modifies any guarantee, condition, manleva, right or protection that you may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territorial laws and that constitutes a right that cannot be excluded, restricted or amended (non-exclusive law). Within the maximum limits permitted by law, our liability to you, including liability for violation of a non-exclusive right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the discretion of the Holder, to a new provision of the services or to the payment of the cost for the repetition of their supply.
This Website is provided strictly in the state in which it is located and second available. The use of the Service is at your risk. Within the maximum limits permitted by law, the Holder expressly excludes conditions, settlements and guarantees of any kind – whether they are expressed, implicit, statuesque or otherwise, including, but not exhaustively, any implicit guarantees of marketability, suitability for a particular purpose or non-violation of third-party rights. No advice or information, whether oral or written, whether you have obtained from the Owner or through the Service will create guarantees not expressly provided in this document
While the above remains, the Owner and his subordinates, affiliates, officials, agents, brand accounts, partners, suppliers and employees do not guarantee that the content is accurate, reliable or correct; that the Service will be available, uninterruptedly and securely, at any particular time or place; that any defects or errors will be corrected; service is free of viruses or other malicious components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the risk of the User and you are solely responsible for any damage to your computer system or mobile device or for the loss of data resulting from that operation or the use of the Service by you.
The Holder does not guarantee, approve, insure or take responsibility for any product or service advertised or offered by third parties through the Service nor any hyperlinked website or service. In addition, the Owner does not take part or in any way monitor any transaction between Users and third-party suppliers of products or services.
The Service may become inaccessible or not work correctly with your browser, device, and/or operating system. The Owner cannot be held liable for any damage, whether perceived or actual, resulting from the content, operation or use of the Service.
Federal laws, some states and other jurisdictions do not allow the exclusion and limitation of certain implicit guarantees. The exclusions above may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions provided by this Agreement apply within the legal limits.
Limitation of responsibility
Within the maximum limits allowed by applicable law, under no circumstances can the Owner and his subordinates, affiliates, officials, agents, brand accounts, partners, suppliers and employees be held liable for
- any indirect, intentional, collateral, particular, consequential or exemplary damage, including, but not limited to, damage from loss of profits, goodwill, use, data or other intangible losses, arising from or related to the use, or inability to use the Service; And
- any damage, loss or injury resulting from hacking, tampering or other ignition or unauthorized use of the Service or User Account or the information contained in it;
- any error, lack or inaccuracy in the content;
- personal injury or property damage, of any nature, arising from the access or use of the Service by you;
- any unauthorised access to the Holder’s security servers and/or any personal information stored there
- any interruption or cessation of transmissions to or from the Service;
- any bugs, viruses, Trojans or the like that can be transmitted to or through the Service;
- any error or omission in any content or any loss or damage suffered as a result of the use of any content published, emailed, transmitted or otherwise made available through the Service; and/or
- the conduct of defamation, offensive or illegal conduct of any User or third party. Under no circumstances can the Holder and his subordinates, affiliates, officials, agents, trademark accounts, partners, suppliers and employees be held liable for any claim, proceedings, liability, obligation, damage, loss or cost in excess of that paid by the User over the previous 12 months, or for the duration period of this Agreement between the Holder and the User. , which is smaller than the two.
This section on liability limitation applies within the maximum limits permitted by law in the applicable jurisdiction, regardless of whether the alleged liability stems from contract, unlawful act, negligence, objective liability, or any other foundation, even if the Holder had been notified of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damage, so the above restrictions or exclusions may not apply to you. These Terms give you specific legal rights and you may have other rights that vary from jurisdiction to jurisdiction. The exemptions, exclusions or limitations of liability provided by these Terms do not apply beyond the limits of applicable law.
You are committed to defending, maintaining and keeping the Owner and his subordinates, franchisees, officials, agents, brandholders, partners, suppliers and employees from and against any claim or claim, damage, bond, loss, liability, burden or debt and expense, including, without any limitation, legal charges and expenses arising from
- your use or access to the Service, including any data or content transmitted or received by you;
- violation of these Terms by you, including, but not limited to, any violations by you of any statement or assurance provided by these Terms;
- violation by you of any third-party rights, including, but not limited to, any right relating to privacy or intellectual property;
- violation by you of any applicable law, norm or regulation
- any content submitted by your account, including, but not limited to, misleading, false or inaccurate information, including the case where third parties log in with your personal username and password or other security measures, if any;
- your conduct; Or
- violation of any legal provision by you or your affiliates, officials, agents, brand accounts, partners, suppliers and employees, within the limits permitted by applicable law
No implicit renunciation
The non-exercise of legal rights or claims arising from these Terms by the Holder does not constitute any renunciation of the same. No waiver can be considered final in relation to a specific right or any other right.
To ensure the best possible level of service, the Owner reserves the right to stop the Service for maintenance purposes, system updates or any other changes, giving suitable news to the Users.
Within the legal limits, the Holder reserves the right to suspend or terminate the Service completely. In the event of termination of the Service, the Owner will work to ensure that Users can extract their Personal Data and information according to the legal requirements.
In addition, the Service may not be available for reasons that escape reasonable control of the Holder, such as causes of force matter (e.g. strikes, infrastructure malfunctions, blackouts, etc.).
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit this Website or Service in full or in part without prior written consent of the Holder, expressed directly or through a legitimate resale program.
Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Website, are held exclusively by the Holder or its licensees and are protected under international intellectual property regulations and treaties.
All trademarks – word or figurative – and any other hallmarks, firm, service mark, illustration, image or logo that appear in connection with this Website are and remain exclusively the property of the Holder or his licensees and are protected under international law and treaties applicable to intellectual property.
Changes to terms
The Holder reserves the right to change the Terms at all times. In this case, the Owner will give appropriate information of the changes to the Users.
The changes will affect your relationship with you only for the future.
Continued use of the Service involves the User’s acceptance of the updated Terms. If you do not want to accept the changes, you must stop using the Service. Failure to accept the updated Terms may result in each party withdrawing from the Agreement.
The applicable previous version continues to regulate the report until you accept it. This version may be requested from the Holder.
If required by applicable law, the Holder will specify the date by which the changes to the Terms will take effect.
Transfer of contract
The Holder reserves the right to transfer, divest, dispose of, novate or contract individual or all rights and obligations according to these Terms, having regard for the legitimate interests of the Users.
The provisions relating to the modification of these Terms apply.
You are not authorized to surrender or transfer your rights and obligations under the Terms without the written consent of the Holder.
All communications relating to the use of this Website must be sent to the contact details indicated in this document.
If none of the provisions of these Terms were to be either null or ineffective under applicable law, the nullity or ineffectiveness of that provision does not result in ineffectiveness of the remaining forecasts, which therefore remain valid and effective.
If a provision of these Terms were to be or become null, invalid or ineffective, the parties will work to identify in a friendly and effective way a valid and effective provision substitute for that void, invalid or ineffective.
In the event of non-agreement under the terms of this agreement, if allowed or required by applicable law, the provision will be null, invalid or ineffective.
However, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not result in any nullity of the entire Agreement, unless the null, invalid or ineffective provisions under the Agreement are essential or of such importance, that the parties would not have concluded the contract if they had known that the provision would have been invalid, i.e. in cases where the provisions would have been excessive and unacceptable.
Any invalid or ineffective provision will be interpreted and adapted to the limits necessary to make it valid, effective and in accordance with its original purpose.
These Terms constitute the entire agreement between User and Holder with reference to the regulated object and override any other communication, including any previous agreements, between the parties regarding the regulated object.
These Terms will be implemented to the broadest extent permitted by law
The Terms are governed by the law of the place where the Holder is established, as indicated in the relevant section of this document regardless of the rules of conflict.
Exception for European Consumers
However, regardless of the above, if you act as a European Consumer and have a habitual residence in a country whose law provides for a higher level of consumer protection, that higher level of protection prevails.
The exclusive jurisdiction to know any dispute arising from or in connection with the Terms rests with the court of the place where the Holder is established, as stated in the relevant section of this document.
Exception for European Consumers
The above does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.
Friendly settlement of disputes
Users can report any disputes to the Holder, who will try to resolve them amicably.
Although the right of Users to take legal action remains unjustified, in the event of disputes relating to the use of this Website or the Service, You may be asked to contact the Owner at the contact details indicated in this document.
You may address your complaint to the e-mail address of the Holder listed in this document, including a brief description and, if appropriate, the details of the affected order, purchase or account.
The Holder will fulfill the request without undue delay and within 21 days of receiving it.
Consumer Dispute Resolution Platform
The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service contracts.
Therefore, every European Consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is available here.
Definitions and legal references
This Website (or This Application)
The structure that allows the provision of the Service.
Any legally binding or contractual relationship between the Holder and the User governed by the Terms.
Any User who does not match the definition of Consumer.
Any digital or paper voucher code or voucher that allows you to purchase the Product at a discounted price.
European (or Europe)
Defines a User who is physically present or legally based in the European Union, regardless of nationality.
Type withdrawal form
AGRICULTURAL COMPANY VILLA TOLOMEI A R. L. A UNIQUE MEMBER
St. Mary’s Street in Marignolle, 10 – 50124, Florence
Tax Code and VAT Number: 06727600485
With this I/we note the withdrawal from my/our sales contract of the following goods/services:
- Sorted the: _____________________________________________________________________________________________________________________________________________________________
- Received: _______________________________________________________________________________________________________________________________________________________________
- Name of the consumer(s:__________________________________________________________________________________________________________________________________________________________
- Consumer address(s:____________________________________________________________________________________________________________________________________________________________
- Date: _____________________________________________________________________________________________________________________________________________
(sign only if this form is notified in paper version)
Owner (or Us)
Indicates the physical or legal person who provides this Website and/or offers the Service to Users.
A good or service that can be purchased through this Website, such as a material asset, digital files, software, booking services etc.
The sale of a Product can be part of the Service, as defined above.
The service offered through this Website as described in the Terms and on this Website.
All the conditions applicable to the use of this Website and/or the provision of the Service as described in this document as well as in any other document or agreement linked to it, in the most up-to-date version respectively.
User (or You)
Indicates any physical person who uses this Website.
Consumer Any physical person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his business, business, craft or professional activity.