Conditions of Sale
"We": Azienda Agricola Salvatore Di Marco, the seller of the Products. Azienda’s legal seat at 54, Via Corsica, CAP 96015 Francofonte, province of Syracuse (Italy), VAT N. IT01661850899, trade register number Syracuse SR 138761;
"Products": the Products provided and marketed via the Website;
"Order": Order placed to get delivery of the Products;
"Shipping Calendar": the table disclosing both the Delivery Days and the Cut-Off Days;
"Delivery Day": date in which the deliveries will take place;
"Cut-Off Day": the deadline for the Orders to be placed;
"Delivery Points": selected delivery sites which are eligible for the delivery and collection of the Products;
"Delivery Schedule": the table disclosing the time slots in which the delivery of the Products will take place for each Delivery Point;
"Website": www.mangialarossa.com website.
The following General Conditions of Sale apply to all distance sales of products via this Website, by phone or by email.
The act of placing an Order via this Website, by phone or by email implies your full and unconditional acceptance of these General Conditions of Sale.
The languages of these General Conditions of Sale are Italian, French and English. In case of any conflict between language translations, the provisions of English version shall prevail.
The General Conditions of Sale may be subject to amendment at any time by posting a new dated version on this Website. Any amendments are effective as from the day they are published on this Website. However, the General Conditions of Sale applicable are those enforced on the Website on the date the Order is placed.
After You place an Order, You will receive an automatic notification that your Order has been created (“Order Creation Notification”), summarising the amount to be paid as well as the bank details to process the bank transfer.
The contract will be formed and binding when You receive the Order Creation Notification, with the exception of force majeure or unavailability of the Products after ordering.
The Products displayed on the Website are fresh produce and food products either grown or made in Sicily.
Each Product is identified by a name and a unitary price. For each Product selected on the Website, a description page may be displayed featuring a photograph of the Product and additional details about ingredients, preparation and packaging. Photos of the Product as well as any details about ingredients, preparation and packaging are displayed on the Website for illustrative purposes only.
The Products displayed on the Website can be available from November to April. Their availability may be subject to variations over that period.
In the case of temporary or permanent unavailability of a Product after ordering, You will receive a notice as soon as possible and We reserve the right to cancel the Order. If We are unable to deliver the Product that you have ordered, You will be refunded if your bank account has been debited.
We will, however, bear no liability for temporary or permanent unavailability of Products.
The delivery zone is restricted to one of the following areas:
- Luxembourg: Luxembourg city, Bertrange, Hesperange, Niederanven, Strassen, Bettembourg, Dudelange, Esch-sur-Alzette.
- France: Moselle.
The prices displayed on this Website are in euro and are payable in euro. They are inclusive of applicable VAT and delivery charges.
The prices displayed on this Website are applicable to distance sales only concluded through this Website.
We reserve the right to modify the prices at any time without prior notice but the prices payable for the Products You order are those displayed on this Website on the date You place your Order.
Before November we publish the Shipping Calendar. Deliveries can be scheduled once or twice per month from November through April, depending on the availability of Products.
We open the sales at least 15 days prior to each delivery. The sale is closed at latest at 10:00 AM of the Cut-Off Day.
Orders may be placed through the Website, by e-mail to firstname.lastname@example.org or by telephone by dialing +352 621 148112.
You place the Order in accordance to the Shipping Calendar which is available on the Website, by phone call on +352 621 148112 or by e-mail to email@example.com. Any updates to the Shipping Calendar will also be notified via e-mail.
You must place the Order within the Cut-Off Days specified on the Shipping Calendar.
At the end of the ordering procedure, You will receive the Order Confirmation, summarizing the amount to be paid as well as the bank details to process the bank transfer.
All Orders are final after the Cut-Off Day specified on the Shipping Calendar.
You can either cancel or change your Order after its completion and until the Cut-Off Day either by phone call on +352 621 148112 or by e-mail to firstname.lastname@example.org.
You must make payment via bank transfer before the Delivery Day. The bank details are as follows: Banca Agricola Popolare di Ragusa, IBAN: IT44 N050 3684 710C C031 1225 988, Bic/Swift: POPRIT31031.
You have to mention the Order number in the reference field.
Orders placed by private clients
Under Article 22(1) of Presidential Decree 633/1972, known as the general value added tax (VAT) law, the distance selling of physical goods to a private buyer not subject to VAT based in a Member State of the European Union is exempted from the invoice, unless it is requested by the private client, not later than the time of the transaction take place.
Upon the request for the invoice, the VAT rate applicable is the rate of the origin country, ie Italy, provided that the value of distance sales to Luxembourg does not exceeds EUR 100,000 over the calendar year.
Upon the request for the invoice, We will send it electronically within the 15th day following the shipment or delivery.
Orders placed by VAT taxable clients
Ex Article 41 of the revised Decree-Law No 331/1993 provides for the exemption of deliveries of goods to VAT taxable clients based within the European Union. Issuing the invoice is mandatory and the distance sale will be VAT exempted.
We will therefore send the invoice electronically within the 15th day following the shipment or delivery.
We deliver inside the Delivery Zone as defined in these Conditions of Sales.
Deliveries can be scheduled once or twice per month from November through April, depending on the availability of Products. The scheduled Delivery Days are displayed on the Shipping Calendar. Any updates to the Shipping Calendar shall be notified also via e-mail.
Your Order will be delivered to the selected Delivery Point chosen by You amongst from a selected list specified during the checkout.
If You want to add an additional Delivery Point to our list and get delivered to it, during the checkout You may enter the corresponding address, provided that your minimum Order is 40 kg.
Delivery Points can be workplaces, home address and community locations (open-to-the public sites such as libraries, museums, private retailers,…).
The Delivery Schedule will be both published on the Website and sent via email some days before each delivery. You commit to taking delivery of the Products You have ordered on the Delivery Day and during the delivery time slot disclosed in the Delivery Schedule. You can ask to change the delivery time slot and its corresponding Delivery Point, if the one originally requested is no longer convenient, without paying any additional fee. Your request should be submitted by phone call or email at least 3 hours before the delivery.
The scheduled delivery time may be delayed due to any acts of force majeure beyond our reasonable control. You cannot ask for a refund of Products which are not delivered on time.
You can request Saturday delivery, provided that your delivery address is within the designated Delivery Zone and the minimum Order is 40 kg. No delivery fees are charged.
According to Article 64 of the D. Lgs. 206/2005 (Consumer Code), You have the right to withdraw from this contract without giving any reason and without paying any penalty, with the exception of the cost of returning the goods, which is for your account.
You may withdraw within 14 days as from the day on which You acquire, or a third party other than the carrier and indicated by You acquires, physical possession of the Products.
To exercise the right of withdrawal, You must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for You to send your communication concerning your exercise of the right of withdrawal to the following address/email before the withdrawal period has expired.
Azienda Agricola Salvatore Di Marco
Via Corsica 54, CAP 96105 Francofonte (SR), Italia
If You withdraw from this contract, We shall reimburse to You all payments received from You, without undue delay and in any event not later than 14 days from the day on which We are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the bank transfer.
Except in the case of any other agreement between You and us, You must return the Products subject to the withdrawal to us during the next delivery which follows the exercise of your right.
Due to the perishable nature of certain products (i.e oranges and lemons), You do not have a right of withdrawal for Products that are liable to deteriorate or expire rapidly.
We shall not be liable to You by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the sale and delivery of the products if the delay or failure is due to any acts of force majeure beyond our reasonable control, including but not limited to strikes, fire, flood or any other force majeure event. If such an event occurs, We give You prompt notice thereof.
These General Conditions of Sale are subject to the law of Italy.
If a dispute arises under these General Conditions of Sale, or otherwise with respect to the Products or site, which cannot first be resolved through good faith negotiations, the dispute is subject to Italian law and will be resolved by the competent Tribunal of Syracuse – Sicily – Italy.
Any claims in relation to products and services must be submitted either by sending an email to email@example.com or by calling on +352 621 148112.