Term and Conditions

ART. 1 APPLICABILITY OF THE CONDITIONS
These conditions apply to every offer, quotation, agreement and delivery between the consumer and Mrs. F. Lorenzoni traded under the name of TERRA TOSCANA, established in Almere [FL] THE NETHERLANDS.

TERRA TOSCANA does its job only in accordance with these terms and conditions, unless otherwise agreed in writing. By placing an order through the TERRA TOSCANA online store, you indicate your agreement with the general terms and conditions.

ART. 1a DEFINITIONS
The following definitions apply in the conditions:

ENTREPRENEUR: the natural or legal person acting in the exercise of a profession or business and who enters into an agreement with TERRA TOSCANA.
CONSUMER: natural person who does not act in the exercise of a profession or business and who enters into an agreement with the employer.
DAY: Calendar day.
AGREEMENT: Joint statement of two or more parties who are taking reciprocal obligations [in this case between the consumer and Terra Toscana].
AGREEMENT ON DISTANCE: A contract which in the context of a Terra Toscana organized system for distance selling of products and / or services until the conclusion of the agreement makes exclusive use of one or more communication techniques ceding .
REMOTE COMMUNICATION TECHNIQUE: Means that can be used to conclude a contract, without Terra Toscana and the consumer coming together in the same room.
REFLECTION TIME:The possibility for the consumer to renounce the distance contract within the reflection period.
WITHDRAWAL RIGHTS:The period within which the consumer can make use of his right of withdrawal.
DURATION OF TRANSACTION: A distance agreement with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time.
CARRIER OF SUSTAINABLE DATA: Any means that allows the consumer or the trader to store information addressed to him so that future consultation and unaltered reproduction of the information stored.
PRODUCTS: Those offered for sale by TERRA TOSCANA: wines, olive oil, food products and other related merchandise.

ART. 2 ENTREPRENEUR IDENTITY

Name of entrepreneur: Mrs. Femi Lorenzoni
Trade name: TERRA TOSCANA
Site Address: https://terratoscanaonline.eu
Business address: Olle Kapoenstraat, 21 1336 GR Almere [FL] The Netherlands
Business form: Proprietorship                                                                                                                                                                                                Activity description: Internet retail trade in food and drugstores.                                                                                                                                SBI Code: 47911
Mobile: + 31-6- 37 469 459
Email address: info@terratoscanaonline.eu
Chamber of Commerce number: 57365385
VAT number: NL 002378445B28

ART. 3 GENERAL

3.1 These terms and conditions apply to offers, quotations and agreements between TERRA TOSCANA and a consumer, to which Terra Toscana has declared these terms and conditions applicable, insofar as the parties have not explicitly deviated from these terms and conditions.
3.2 The present conditions also apply to agreements with Terra Toscana for the implementation of which third parties must be involved.

ART. 4 THE OFFER

4.1If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products offered. Obvious errors in the offer do not bind Terra Toscana.
4.2 The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products offered. Obvious errors in the offer do not bind Terra Toscana.
4.3 Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
– The price including taxes [e.g. VAT and excise duty]
– The possible costs of delivery
– The way in which the agreement will be concluded and which manual is required for this.
– Whether or not the right of withdrawal is applicable.
– The method of payment, delivery and implementation of the agreement
– The period for accepting the offer, or the period within which the entrepreneur guarantees the price.
– The level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used.
– Whether the agreement will be archived after its conclusion, and if so how the consumer can consult it.
– The way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it.
-The possible other languages in which, in addition to Dutch, the agreement can be concluded.
The codes of conduct to which the entrepreneur has submitted his views and the way in which the consumer can consult this code of conduct electronically.
– The minimum duration of the distance agreement in the event of a duration transaction.

ART 5 OFFERS, QUOTATIONS AND PRICE COURANTS

5.1 Quotes, offers and price lists of Terra Toscana are without obligation, unless an acceptance period has been set and is applied based on the availability of the products mentioned.
5.2 If a quotation does not state an acceptance period, it will expire after one [1] month.

ART 6 CONCLUSION OF THE AGREEMENT

6.1 The agreement is established through timely acceptance by the consumer of the offer from Terra Toscana.
6.2 To confirm the agreement, the consumer will receive an email from Terra Toscana with an overview of the agreed products including the total costs.

ART 7 RIGHT OF WITHDRAWAL FOR CONSUMERS IN THE DELIVERY OF PRODUCTS.

7.1 When purchasing non-food products, the consumer has the option to dissolve the agreement without giving any reason during seven [7] working days.
This period starts on the day of delivery of the product by or on behalf of the consumer.
7.2 During this period the consumer will handle the products and the packaging with care. He will only unpack the products to the extent necessary to be able to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Please note, this article only applies to NON food products. More information can be found under Return Conditions.

ART 7a COSTS IN CASE OF WITHDRAWAL

– If the consumer makes use of his right of withdrawal, the costs of return will be charged for his costs.
– If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible,
but no later than thirty [30] days after the return or cancellation.

ART 7b EXCLUSION RIGHT OF WITHDRAWAL

No withdrawal rights exist for products:
– Which are created or purchased by Terra Toscana in accordance with the consumer’s specifications.
– Which are clearly of a personal nature.
– Which by their nature cannot be returned, including but not limited to products whose preservative packaging has been opened, such as bottles or jars that have not been opened.
– Which can spoil or age quickly (Food products).
-Of which the price is dependent on fluctuations of the financial market which TERRA TOSCANA has no influence.

ART 7c REFLECTION TIME All NON-FOOD products can return within fourteen [14] days without giving a reason, if the product is still packed in the original packaging.

ART 8 PRICES & DISCOUNTS

8.1 The prices charged by TERRA TOSCANA are inclusive sales tax and packaging.
8.2 Terra Toscana has the right to increase the agreed prices.
8.3 Terra Toscana reports the price increase to the customer as soon as possible.
8.4 The customer has the right to cancel the order, provided this is done in writing within seven [7] working days after knowledge of the price change.

ART 9 PAYMENT

9.1 Unless otherwise agreed, payment must, in the case of shipping the goods to the consumer, prior to take place by means iDeal or transfer to the account of TERRA TOSCANA where the costs are for the account of TERRA TOSCANA.
9.2 Objections to the amount of the invoices do not suspend the payment obligation.
9.3 After the expiration of fourteen [14] days after the invoice date, the consumer is legally in default. From the moment of default, the consumer is liable for the due amount and interest of 1% per month, unless the statutory interest is higher in which case the legal interest applies.
9.4 In the event of bankruptcy, suspension of payment or guardianship, the claims of Terra Toscana and the obligations of the consumer towards TERRA TOSCANA are immediately due and payable.
9.5 TERRA TOSCANA has the right to have the payments made by the possible consumer go first of all to reduce the costs, then to reduce the interest still due and finally to reduce the principal sum and accrued interest.
9.6 TERRA TOSCANA can, without being in default as a result, refuse an offer for payment if the consumer designates a different order for the allocation. Terra Toscana can refuse full repayment of the principal, if the outstanding and accrued interest as well as the costs are not paid.
9.7 If the customer has chosen to transfer the amount to the account of Terra Toscana, he has three [3] working days to arrange that, if no transfer has taken place after the three [3] days, the order will not be made. dealt.

ART 10 DELIVERY & PERFORMANCE

10.1 Unless otherwise agreed, delivery from Italy, by courier directly to the customer and upon receipt of payment.
10.2 The consumer is obliged to take possession of the purchased goods at the moment at which they are available or are handed over to him.
10.3 If the consumer refuses the purchase or is negligent in providing information or instructions necessary for delivery, the article intended for delivery will be stored at the risk of the consumer after TERRA TOSCANA has notified him.
10.4 If TERRA TOSCANA and the Consumer delivery agree, then the consumer will be charged for the costs. The shipping costs within the Netherlands are a standard amount.
10.5 If it has been agreed that delivery will be carried out in phases, TERRA TOSCANA may suspend the implementation of those parts that belong to a subsequent phase until the consumer has approved the results of the preceding phase in writing. [Delivery in phases is possible when purchasing large batches, for more information make an appointment via info@terratoscanaonline.eu .
10.6 If TERRA TOSCANA requires information from the consumer in the context of the implementation of the agreement, the delivery time starts after the consumer has made it available.
10.7 TERRA TOSCANA strives to ship the order within three to five [3 to 5] working days after receipt of payment. However, the final delivery time will never exceed the specified delivery time by more than one week, unless there is talk of force majeure, if delivery is not made within thirty [30] days, the consumer may cancel the purchase free of charge and without notice of default.

ART 11 RETENTION OF TITLE

11.1 TERRA TOSCANA remains the sole owner of the delivered item until the purchase price has been paid in full.

ART 12 RISK TRANSITION

12.1 The risk of loss or damage to the products that are the subject of the agreement transfers to the consumer at the moment that they are legally and / or actually delivered to the consumer and thus under the control of the consumer or of a third parties to be designated by the consumer.

ART 13 SUSPENSION & DISSOLUTION

13.1 TERRA TOSCANA is entitled to suspend compliance with the obligations or to dissolve the agreement if:
– The consumer does not or not fully comply with the obligations under the agreement;
– After the conclusion of the agreement Terra Toscana came to the knowledge that circumstances give good reason to fear that the consumer will not fulfill his obligations. If there is good reason to fear that the consumer will only partially or not properly comply, the suspension is only permitted to the extent that the shortcoming justifies it;
-The consumer was asked at the conclusion of the agreement to provide security for the fulfillment of his obligations under the agreement and this security is not provided or is insufficient.
13.2 Furthermore, TERRA TOSCANA is authorized to dissolve the agreement or cause it to be dissolved if circumstances arise that are of such a nature that fulfillment of the agreement can no longer be demanded or can be demanded according to the standards of reasonableness and fairness, or if circumstances otherwise arise of which are such that unaltered maintenance of the agreement cannot reasonably be expected.
13.3 If the agreement is dissolved, the claims of TERRA TOSCANA on the consumer are immediately claimable. If TERRA TOSCANA suspends compliance with its obligations, it will retain its rights under the law and the agreement.
13.4 TERRA TOSCANA always reserves the right to claim compensation.

ART 14 COLLECTION COSTS

14.1 If the consumer is in default or in default with the fulfillment of one or more of his obligations, then all reasonable costs of payment without rights will be borne by the consumer.
If the consumer fails to pay a sum of money in time, he forfeits an immediately due and payable fine of 15% on the amount still due. This with a minimum of € 50.00.

14.2 If TERRA TOSCANA demonstrates that it has incurred higher costs that were reasonably necessary, this reimbursement will also be eligible.
14.3 Any reasonable judicial and execution costs incurred will also be borne by the consumer.
14.4 The consumer owes interest on the collection costs incurred.

ART 15 DISCLAIMERS

15.1 The consumer must compensate Terra Toscana third-party claims regarding intellectual property rights on materials or data provided by the consumer, which are used in the execution of the contract.
15.2 If the consumer provides TERRA TOSCANA with information carriers, electronic files or software, etc., it guarantees that the information carriers, electronic files or software are free of viruses and defects.

ART 16 RESPONSIBILITY

16.1 If the items delivered by the user are defective, the responsibility of the user towards the consumer is limited to what is provided in these general terms and conditions.
16.2 If the products of a defective product is liable for consequential damages, the responsibility of Terra Toscana is limited to the repair or replacement or refund the purchase price.
16.3 Notwithstanding the foregoing, TERRA TOSCANA is not responsible if the damage is due to willful misconduct and / or negligence and / or culpable action, or the careless or improper use of consumers.
16.4 The limitations of liability for direct damages included in these terms and conditions do not apply if the damage is due to fraud or gross negligence on the part of Terra Toscana or its employees.

ART 17 FORCE MAJEURE

17.1 The parties are not obliged to fulfill any obligation if they are prevented from doing so as a result of a circumstance that is not due to fault, and that are not charged to
them by law, legal act or generally accepted beliefs.

17.2 force majeure is understood in these terms and condition mean next to no relevant statutory and case there, all external causes, or non-air, in which TERRA TOSCANA can’t exert any influence, but which is not capable
of TERRA TOSCANA to fulfill the obligations. Work strikes at the TERRA TOSCANA company are included.

17.3 TERRA TOSCANA also has the right to invoke force majeure if the circumstances that prevent [further] fulfillment occur after TERRA TOSCANA should have fulfilled its obligation.
17.4 The parties can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two [2] months, each of the parties is entitled to terminate the agreement, without obligation to compensate damage to the other party.
17.5 To the extent that TERRA TOSCANA at the time of the occurrence of force majeure has in part fulfilled its obligations under the agreement or will be able to fulfill it, and the part fulfilled or to be fulfilled will have independent value, TERRA TOSCANA is entitled to fulfill the part already fulfilled or after to be invoiced separately. The consumer is obliged to pay this invoice as if it were a separate agreement.

ART 18 CLAIM REGULATION

18.1 TERRA TOSCANA on a notified claim and deals with complaints in the context of this procedure.
18.2 Complaints about the implementation of the agreement must be made fully and clearly described within a reasonable time at TERRA TOSCANA, after the consumer has found the defects.
18.3 Complaints submitted to Terra Toscana will be answered within a period of fourteen [14] working days from the date of receipt. If a complaint requires a foreseeable longer processing time and an indication when the consumer can expect a more implementation response.
18.4 If the complaint cannot be resolved in mutual consultation, a dispute will arise that is subject to the dispute settlement procedure.

ART 19 DISPUTES

19.1 Dutch law applies exclusively to agreements between TERRA TOSCANA and the consumer to which these general terms and conditions apply.

ART 20 APPLICABLE LAW

20.1 Dutch law applies to every agreement between TERRA TOSCANA and the consumer.
The Vienna Sales Convention is expressly excluded.

20.2 In case of explanation of the content and scope of these general conditions, the Dutch text prevails.

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