NOUVELLE TERRE 2020

TERMS OF SALE

The following general sales conditions (hereinafter « General Conditions ») are regulated by the Consumption Code (D.Lgs. n. 206/2005 and following modifications and integrations), section II, Distance Contracts (art. 50 – 67) and by the norms regarding e-commerce (D.Lgs. n. 70/2003), and are applied exclusively to the sale of Products through the Internet, just as identified and listed in the appropriate section of the Site.

The contracts concluded with NOUVELLE TERRE SRL through the Website are regulated by the present General Conditions in compliance with the Italian normative. The language used for conclusion of the contract is Italian. The General Conditions published on the Website at the moment of dispatch of the order made by the Customer will be applied to the Purchase Order in case of variations in the General Conditions.

The Customer, through the electronic confirmation of the Purchase Order (hereinafter « Purchase Order »), unconditionally accepts and agrees to uphold in its relationship with Nouvelle Terre the following general and payment conditions, declaring to have read and agreed to all of the indications furnished regarding the above-mentioned norms, and acknowledging that Nouvelle Terre Srl is not bounded to other different conditions unless previously agreed to in writing. Furthermore, the Customer declares the authenticity and veracity of the data entered during the registration and disclaims Nouvelle Terre Srl from any responsibility due to the inaccuracy of such data.


PRICING

All the prices indicated on the order confirmation are expressed in Euro and include the VAT, taxes and duties. The Delivery Costs (hereinafter « Delivery Costs ») shall be borne by the Customer and are adequately highlighted in the Purchase Order. The price highlighted on the Website when the order is submitted is applied to the good (hereinafter “Products”), without considering previous offers or eventual following price variations.


PURCHASE ORDER

When buying Products on the Website, the Customer declares and guarantees that: a) they are juridically able to enter into this contract or disposes of the parents’ authorization to make a purchase on the Website; b) order Products exclusively for their personal use. The Customer is committed to not commercialize, resell or redistribute the Products in any way to third parties for non-commercial and non-private purposes. The selling party is exempted from any burden of verification and responsibility as attesting to what has been declared by the Customer.

In order to make a purchase, it is necessary to fill out a module called “My Data” and use the “Online Cart,” following the instructions that will be indicated during the execution. The Order is constituted by a summary page which one can have access to after pressing the button “Complete your order” and which must be printed and saved.

The Customer can buy only Products that are in Nouvelle Terre Srl’s online catalogue at the moment of the order forwarding and that are visible online at the address https://www.buononaturale.it, thus described in the related informative forms. It is implied that the image accompanying the descriptive form of a Product is purely indicative and cannot be exactly representative of its characteristics; the images and colors of the Products offered on https://www.buononaturale.it or of the environments reproduced cannot correspond to the real ones as a result of the Internet browser and of the monitor used by the Customer.

The Customer correctly completes the Order Procedure if the Website does not highlight any error message (the system cannot detect errors in reference to the data inserted by the Customer in the field dedicated to billing and shipping addresses).

Once Nouvelle Terre Srl accepts the order, even if only partially, the contract stipulated between Nouvelle Terre Srl and the Customer is to be considered concluded. Such acceptance is understood to be tacit, unless otherwise communicated in any way by the Customer.

The correct receipt of the order is confirmed by Nouvelle Terre Srl through a response via e-mail titled “Confirmation of the order,” sent to the e-mail address communicated by the Customer. This confirmation message indicates Date and Time of the order execution and a “Customer’s Order Number” to be used in any further communication with Nouvelle Terre Srl. The message presents all the data inserted by the Customer, who commits to verify their correctness and to immediately communicate any corrections, based on the modalities described in this document. In case of missed confirmation of the order, Nouvelle Terre Srl guarantees an immediate communication to the Customer. Nouvelle Terre Srl reserves the right to cancel the orders considered unavailable without any notice. In that case, if the Customer has already made the payment and the latter appears to be accredited, Nouvelle Terre Srl will proceed with an immediate transfer of the total amount of the order.

Nouvelle Terre Srl encourages the Customer to verify with the utmost attention the accuracy of the information contained in the Confirmation of the Order and to communicate any corrections to Nouvelle Terre Srl within 24 (twenty-four) hours from reception of the Confirmation of the Order. It is occasionally possible that the offered Products are not available. In that case, if the Products chosen by the Customer are not fully or partially available, Nouvelle Terre Srl will communicate it to the Customer within 7 business days. The Products’ availability can be directly verified by consulting Nouvelle Terre Srl’s catalogue. In case the Product quantity indicated on the order is not available at the time of the order, or the Product is sold out due to a conjunction of several different orders, the Customer will be immediately contacted by the Customer Service and will be able to decide whether to wait for arrival of the Product, to substitute it with another Product or, in case of payment with credit card, to ask for a reimbursement of the value of the Product on that same card.

No matter what the chosen payment method will be, only the effective value of the Products to be shipped to the Customer will be charged.

Prices, characteristics and availability of Products could change without notice.

It is anyway excluded any right of the Customer to a compensation for damages or reimbursement, as well as any contractual or extra-contractual responsibility for direct and indirect damages to people and/or things, provoked by a lack of evasion, even if partial, of an order. At any moment, Nouvelle Terre Srl reserves itself the right to modify, suspend or interrupt completely or partially the Website services, informing in advance who made the order on the Website


PURCHASE ORDER

The payment must be done exclusively in Euros. The available payment methods are:

  • Bank transfer in advance
  • Credit Card

Bank transfer in advance

In this case, it is necessary to make a bank transfer for an amount equal to the one on the “Order Confirmation” received via e-mail, for Nouvelle Terre Srl.

Bank Credentials:

UniCredit S.p.A.

IBAN: IT67Q0200815105000104733434

Motif: Insert the Customer’s order number and the date indicated on the order confirmation.
The payment must happen within 7 days starting from the date on which the order occurred. Beyond this deadline, the order will be automatically cancelled.

Credit Card

In case the Products are bought with credit card, the transaction will occur through the Unicredit secured server. The Customer will anyway choose their preferred payment method at the moment of completion of the order. Nouvelle Terre Srl will not be able to access the Customer’s credit card information at any time during the order procedure. Indeed, the credit card information is transferred through a secured connection directly to the Website of the bank that monitors the transaction. Nouvelle Terre Srl’s computer archive will not store that information. Therefore, Nouvelle Terre Srl can never be considered responsible for eventual fraudulent use or unauthorized use of credit card information by third parties at the moment of the payment of the purchased Products.

For every order made on https://www.buononaturale.it, a tax document (invoice) will be issued pursuant to article 14 D.P.R. 445/2000 and DL 52/2004 by sending it to the holder of the Order together with the Products. For issuance of the invoice the authentic information provided by the Customer will be used. Therefore, Nouvelle Terre Srl reminds the Customer to always verify, with the utmost attention the accuracy of the provided information. No variation in invoice will be possible after its issuance.


DELIVERY METHOD

The purchased Products will be delivered to the address indicated by the Customer in the Purchase Order.

The delivery is scheduled for the territory of Italy, EU and extra-EU.

For all shipments outside the Italian territory, all customs duties, where provided, will be entirely borne by the Customer. Before placing an order on the Website, the Customer agrees to inquire with the competent customs authorities about any charges that must be paid. Delivery is by Courier from Monday to Friday, excluding holidays and national holidays. The delivery service includes packaging, transport and insurance against theft and damage or loss which may occur during the trip. The delivery times indicated on the Website are those stipulated with the Couriers used. Nouvelle Terre Srl cannot be considered responsible for possible delays due to the above-mentioned Couriers or to certain periods of the year of greatest congestion. Unless explicitly indicated by our Customer Service, delivery is understood as street level. At the time of delivery of the Products by the Courier, the presence of the Customer or of their person of trust is required to check that the packaging is intact and clean and that the Products received are those reported on the Order.

The Customer must check:

  • That the number of packages being delivered is the same as that indicated in the shipping document
  • That the packaging is intact, not damaged, neither wet or in any other way altered, including in the sealing materials (e.g. tape or metallic strapping).

Eventual damages to the packaging and/or to the Product or the inexact match of number of packaging or indications, must be immediately contested, by affixing WRITTEN SUBJECT INSPECTION on the proof of the Courier delivery, specifying the motif of such claim (for example: crushed packaging, pierced, etc..). The Customer is obliged to send to the address nouvelleterre@pec.it a communication with the occurred “subject to withdrawal,” attaching also pictures proving the defects. Once the document has been signed by the Courier, the Customer will not be able to complain about the exterior characteristics of what has been delivered. Eventual problems concerning the physical integrity, the accuracy or completeness of the Products received must be signaled within 2 days from the occurred delivery, in accordance with the methodologies laid out in this document.

The service includes 2 attempts of delivery at the address indicated at the time of the order. After the second failed delivery attempt, the package will remain in free stock for 3 working days at the Courier. During these 3 days the Customer will be able to directly contact the Courier to agree on the delivery or to modify the delivery address.

In case of missed withdrawal within 3 working days of the material in stock at the Courier’s warehouse (due to repeated impossibility of delivery to the address indicated by the Customer at the time of the order), the order will be automatically cancelled and the Products will return to Nouvelle Terre Srl. The Customer will be reimbursed of the value of the purchase reduced of the following: the transport costs, of the additional charges related to the storage of the Products at the Courier, of the costs of returning Products at the warehouses of the company and of the expenses/charges that Nouvelle Terre Srl will have to sustain for the credit.


DELIVERY EXPENSES

The Delivery Costs are borne by the Customer and are adequately highlighted in the order confirmation: they are calculated based on the weight/volume/destination of the Products ordered that must be shipped, as indicated on the Website.

The payment of the Products by the Customer will be made using the method chosen at the time of the order. Nothing more than the total order is due by the Customer.


CANCELLATION OF PURCHASE ORDER

If the Customer wants to cancel the order, he can proceed with the cancellation free of charge within 24 hours from the payment. In that case Nouvelle Terre Srl will refund the Customer by the full amount paid by crediting them on the credit card in case the order has been paid fully or partially by credit card.

In case the cancellation happens after 24 hours, then Nouvelle Terre Srl will reimburse the Customer by the amount paid reduced by the transport cost following the above-mentioned methodology


RIGHT OF WITHDRAWAL

Based on article 64 and ss. of the Consumption Code (Dlgs 2005/206) and on the disposition of Dlgs February 21st 2014, the Customer has the right to withdraw from the purchasing contract for any reason, without the need to provide explanations and without any penalty. Such right cannot be exercised in relation to the categories of Products and services explicitly specified in art. 59 of Dlgs February 21st 2014, n. 21. By way of example only, thus not exhaustively: art. 59 letter c) the supply of tailor-made or clearly customized Products; art. 59 letter d) the supply of Products which are likely to deteriorate or expire rapidly; art. 59 letter e) the supply of sealed Products which do not lend themselves to return for hygienic or health protection reasons and were opened after delivery; art. 59 letter f) the supply of Products which, after delivery, are by their nature inseparably mixed with other Products; art. 59 letter g) the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the sales contract, the delivery of which may take place only after 30 days, and the actual value of which depends on fluctuations in the market which cannot be controlled by the trader.

To exercise such right, the Customer must send to Nouvelle Terre Srl a communication within 14 working days from the date in which the Products were received. Such communication shall be sent by registered letter with acknowledgement of receipt addressed to:

Nouvelle Terre Srl

Via P. Rossi, 5

83038 Montemiletto (AV) Italy

Tel. +39 0825 968088

Therefore by telegram or certified mail (PEC: nouvelleterre@pec.it), always sent within the 14 days and followed by a confirmation by registered letter with acknowledgement of receipt within the 48 following hours.

The withdrawal communication will have to specify the willingness to withdraw from the purchase of the Product/s, supplying a copy of the respective purchase invoice.

Upon receipt of such notice of withdrawal, Nouvelle Terre Srl will forward to the Customer, through e-mail, the “Return Authorization.” The return of the Product/s must arrive at our warehouses within 10 days of the authorization.

Nouvelle Terre Srl reminds its Customers, before returning their Products, to check whether the Product/s to be returned is/are intact and in normal conditions, placed in the original package complete in all its parts (including packaging and ancillary documentation).

Nouvelle Terre Srl, to facilitate the exercise of the right of withdrawal, makes a special form to be used for communication of withdrawal, downloadable directly from the Website, available to its Customers.

The right of withdrawal is subject to the following conditions:

  1. The right applies to the Product purchased in its entirety; it is not possible to exercise withdrawal only on part of the Product purchased
  2. According to the law, the shipping costs related to the return of the Products are borne by the Customer
  3. Until the certified receipt of the returned Products is in our warehouse, the shipment is under complete responsibility of the Customer
  4. Nouvelle Terre Srl is not liable in any way for damage, theft or loss of the Products returned with uninsured shipments
  5. If the Products are damaged during transport, Nouvelle Terre Srl will communicate the incident to the Customer (within 5 working days from its receipt of the Products in its warehouse) in order to give them the possibility to make a complaint against the Courier of their choice and obtain a reimbursement for the value of the Products (if insured). In such case, the Product will be made available to the Customer for its return and simultaneously the withdrawal request will be cancelled
  6. It is not possible to exercise the right of withdrawal for perishable Products whose expiry date is less than or equal to 10 days or in case they were not stored at a correct temperature, thus affecting the quality of the Product

If the right of withdrawal has been correctly exercised, respecting what stated in the above-mentioned article 64 and ss., then Nouvelle Terre Srl will reimburse the Customer for the entire amount already paid, including the shipping expense, within 14 calendar days from receipt of the communication of Return notwithstanding Nouvelle Terre Srl’s right to suspend any payment for the reimbursement until actual receipt of the Products.

The reimbursement will occur using the same payment method originally used by the Customer, unless explicitly expressed otherwise. In case of bank transfer or cash on delivery, it will be the Customer’s responsibility to provide the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).The amount refunded will be net of expenses for the return of the Products, which will be borne by the Customer.

The right of withdrawal is totally forfeited for lack of the essential conditions of the Products’ integrity (packaging and/or its content) in cases where Nouvelle Terre Srl finds:

  • Lack of outer packaging and/or casing containing the purchased Product
  • Damage to the Product for reasons other than its transport.

In the event of forfeiture of the right of withdrawal, Nouvelle Terre Srl will return the purchased Products to the sender, charging the same shipping costs. The right of withdrawal is not in any way exercisable by professionals.


GUARANTEE AND LACK OF CONFORMITY

In case of lack of conformity of the Products sold by Nouvelle Terre Srl, the Customer must contact immediately the Customer Service at the e-mail address: nouvelleterre@pec.it.

The legal guarantees provided for in Articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at their choice and provided that the type of Product allows it, to restore, at no cost, conformity of the Product by repair or replacement, or an appropriate price reduction or termination of the contract. The Customer forfeits these rights if they do not report to Nouvelle Terre Srl the lack of conformity within 2 months from the date on which they discovered the defect, provided that it is not a Product that by its nature is perishable or subject to expiry in a shorter period, in which case the defect must be reported within that reduced period. The guarantee of conformity and quality of the Products shipped offered by Nouvelle Terre Srl is strictly limited to the compensation of the buyer in the form of a refund, excluding any other compensation. In particular, Nouvelle Terre Srl shall not be liable for any direct or indirect damage caused by a defect in the Products. It is understood that Nouvelle Terre will not take into account complaints reported beyond the aforementioned terms.


ERRORS AND LIMITATIONS OF RESPONSIBILITY

Nouvelle Terre Srl’s responsibility cannot be in any case evoked whether a missing execution or a delay in the execution of one or more duties contained in the present contract derives from an unpredictable and insurmountable event caused by a third party or by case of force majeure. Nouvelle Terre uses the maximum cure in representing and describing with the maximum precision the characteristics of the Products of the Website. Every responsibility is yet declined in case of non-substantial difference between the reproduction of the Products on the Website and the Products delivered.

Nouvelle Terre Srl’s responsibility cannot either be evoked for any inconvenience or damage related to the use of the Internet, in particular for service failures, external intrusions or presence of computer viruses.

The information related to the Products furnished by the Website are constantly updated. Yet it is not possible to ensure the complete absence of errors for which therefore Nouvelle Terre Srl cannot be considered responsible, unless in case of intentional fault or serious misconduct.

Nouvelle Terre Srl reserves the right to correct any errors, inaccuracies or omissions even after an order has been sent, or to modify or update the information at any point in time without prior communication, and notwithstanding the Customer’s right based on the General Conditions and the Consumption Code.

Except for intentional fault and serious misconduct, the Customer does not have the right to receive a compensation of the damages or a reimbursement, as well as any contractual and extra-contractual responsibility for direct or indirect damages to people and/or things caused by the missing acceptance or evasion, even partial, of an order.


INTELLECTUAL PROPERTY

The Product images on the Website https://www.buononaturale.it are to be considered purely illustrative and non-binding. The images of the Products on sale on the website https://www.buononaturale.it are to be considered of exclusive property of Nouvelle Terre Srl and it is absolutely forbidden to copy or reproduce the same images for any other purpose without the approval expressed by the company itself.

Any other reproduction or representation, global or partial, of the elements of the Website constitutes a counterfeiting that can involve civil and penal responsibility of the author. It is severely forbidden to insert a hyperlink that flows into the website https://www.buononaturale.it using the so-called «framing» o «deep linking» technique.




COMPLAINTS


Any eventual complaint must be forwarded to the Customer Service of Nouvelle Terre Srl in writing to the e-mail address: nouvelleterre@pec.it

 or through a recorded-delivery at the following address

Nouvelle Terre  Srl
 Via P. Rossi, 5
83038 Montemiletto (AV) Italy


CUSTOMERS ASSISTANCE


The customer can ask any information about the modalities and procedures for the purchase, for the shipping of the Products and the payment by contacting the Customer Service via e-mail at the address: info@nouvelleterre.it.


PRIVACY

Under the law of the 31 December 1996 n.675, Nouvelle Terre Srl communicates to its Customers that the personal data given by themselves throughout the steps needed to complete the Purchase Order will be used in case of evasion of the order and for commercial, promotional, management and statistical purposes of an inner use. Given that these functions are fundamental, in case of a missing approval, the order cannot be shipped: with forwarding of the Purchase Order, Nouvelle Terre Srl will be authorized to the processing of the personal data for the abovementioned aims.

Nouvelle Terre Srl commits to not communicate these data to companies that can use them for commercial information purposes, for sending advertising material or for the realization of market research.

The Customer has the right to ask Nouvelle Terre Srl for:

  • confirmation of the existence of personal data concerning them and the communication in intelligible form of the same data and their origin, as well as the logic on which the processing is based;
  • cancellation, transformation into anonymous form and blocking of data processed in violation of the law;
  • update or rectification of the data provided, in case there is an interest to modify such data;
  • the attestation that the operations referred to in the two previous points have been brought to the attention of those to whom the data have been communicated, unless this is found impossible or involves a use of means manifestly disproportionate to the right protected;
  • the existence of data that may affect them and to oppose the processing of such data free of charge.

LEGISLATION APPLICABLE AND JURISDICTION

The sale contract between the Customer and Nouvelle Terre Srl is concluded in Italy and is regulated by the Italian Law. The court of Avellino will be exclusively qualified for the settlement of disputes related to the interpretation, execution and resolution of the present General Conditions or for the single Purchase Orders.



Under the article 1341 c.c. the Customer declares to have read, understood and accepted specifically the following articles of the present General Conditions: Prices; Purchase Order; Delivery; Guarantee; Errors and Responsibility Limitations; Intellectual Property; Complaints; Privacy; Legislation Applicable and Jurisdiction