Terms and conditions of service
The user of the Application (whether an individual or a company), can adopt or give away, within the abandoned olive groves recovery projects promoted by the Agricultural Company Ager Oliva SRL, one or more olive trees in Tuscany in his own name or in the name of a third party; in the first case the service is generically referred to as "adopt" one or more olive trees, while in the second case as "give away an olive tree", indicating afterwards a third party recipient. A user who is the registered owner of an olive tree is also the registered owner of a specific quantity of liters of oil, which is a true prediction of how much olive oil that tree will produce, except as detailed under (Unforeseeable Natural Disasters) below.
Ager Oliva proceeds on its own behalf or on behalf of a third party to carry out the recovery of the plant adopted by the user.
This document sets out the general terms and conditions on the basis of which the use of the www.ageroliva.it website is offered to users, which provides the opportunity to adopt one or more olive trees.
Each adopter will be entitled to receive, for each olive tree adopted, 2 liters of extra virgin Tuscan olive oil that the plant will have produced.
To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set forth below:
Owner: Agricultural Company AGER OLIVA S.R.L., with registered office in Via di S. Giorgio, 28 - Pistoia Italy, VAT Number / Tax Code 02010200471 , fully paid share capital € 20,000.00 , PEC address firstname.lastname@example.org
Application: the website www.ageroliva.it
Product: the adoption of one or more olive trees that give the right to receive extra virgin Tuscan olive oil extracted from the olives of the plant adopted by the User and cultivated by the Owner
User: any person who accesses and uses the Application
User Consumer: the natural person over 18 years of age who concludes a contract for purposes unrelated to their entrepreneurial, commercial, craft or professional activity possibly carried out
Non-Consumer User: the natural person of age or legal person who concludes a contract for the performance or needs of his or her entrepreneurial, commercial, craft or professional activity
Terms: this contract governing the relationship between the Owner and Users and the provision of the Products offered by the Owner through the Application.
Scope of the Terms.
Use of the Application implies acceptance of the Terms by the User. If the User does not intend to accept the Terms and/or any other notes, legal notices, disclosures published or referred to therein, he/she will not be able to use the Application or its services.
The Conditions may be changed at any time.
The applicable Conditions are those in effect on the date of transmission of the order confirmation to supply a Product.
Before using the Application, you should read the Terms carefully and save or print them for future reference.
The Owner reserves the right to vary at its own discretion, at any time, even after the User's registration, the graphical interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relevant instructions.
Application for adoption through the Application
The Product offered through the Application is described in detail on the relevant product pages (quality, features, availability, price, delivery time and charges, ancillary charges, etc.). Some errors, inaccuracies or minor differences between what is published on the Application and the actual Product may become apparent. In addition, any Product images are only representative and do not constitute a contractual element.
Requests for the supply of one or more Products through the Application are permitted to both Consumer and Non-Consumer Users.
Individuals are permitted to make purchases only if they are of legal age. For minors, any request for supply of Products through the Application must be screened and authorized by parents or those exercising parental responsibility.
The offer of Products through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual proposal of supply request, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall, at its sole discretion, have the right to accept or reject the User's order without the User being able to object or complain about anything in any capacity and/or reason.
The contract for the supply of the Products shall be deemed to be concluded upon the Holder's acceptance of the User's contract proposal. The Holder will accept the User's contract proposal by sending the order confirmation to the e-mail address provided by the User or by displaying an order confirmation web page, which will contain the date of the order, the User's data, the characteristics and availability of the Product, the price or the way of calculating the price, any additional charges and ancillary taxes, the delivery address, the delivery time and any delivery costs, the way to exercise the right of withdrawal or its possible exclusion, and the guarantee.
The contract for the supply of the Products shall not be deemed effective between the parties in default of the preceding paragraph.
The User agrees to verify the correctness of the data in the order confirmation and to immediately notify the Holder of any errors and will keep a copy of its order, its confirmation and the Conditions.
Submission of the order by the User shall also be deemed as acceptance of any partial delivery, limited to the Products available within the scope of those ordered, as well as a waiver of any claim for compensation and/or indemnity in that capacity.
Article 4 - SUBJECT OF THE CONTRACT.
4.1 The object of this contract ("Contract") is the procurement of the service of recovery of olive trees in the areas owned, rustic lease or direct management by Ager Oliva S.r.l., as well as sale by the selling producer to the Buyer, who accepts, of one liter of oil for each "adopted" shrub resulting from the overall crushing of the fruits of the harvest of the said shrubs.
4.2. Due to the aleatory nature of the quantity of oil produced from the harvest of the olive trees for which recovery has been commissioned for each agricultural year, as well as for factors arising from unforeseen, fortuitous, force majeure impossibilities and not attributable to a direct and culpable responsibility of Ager Oliva S.r.l., the Producer undertakes to find elsewhere other oil of the same kind with the same requirements of organic certification and Tuscan origin. In this case, Ager Oliva S.r.l. undertakes to promptly communicate by e-mail to the buyer-purchaser said extraordinary circumstance, which is partial in nature.
4.3. The Producer's liability for the perishing, deterioration and loss of quality of the good shall cease when the proportional quantity of 1 liter for each "adopted" olive plant is delivered to the carrier.
4.4 This contract will govern each individual "adoption" order (annual recovery of one olive tree and delivery of one liter of oil).
Art. 5 - DURATION OF THE CONTRACT.
This Contract is entered into by the parties for a fixed term of 1 year from the date of its signing. This contract may not be automatically renewed except by new "adoption" order on the online platform of Ager Oliva S.r.l. accessible at https://ageroliva.it.
Art. 6 - CORRESPECTIONS.
6.1 The Selling Producer agrees to sell the Products at the prices indicated at the time of purchase on the Ager Oliva S.r.l. website.
6.2 Prices may be subject to unilateral modification by the Producer-Contractor, with 60 days' notice to the Buyer by e-mail, where extraordinary conditions arise for the recovery and fruitful production of the harvest or in any case according to the market trend and seasonality of the harvest. The Buyer may within the aforementioned period withdraw by e-mail or regular mail provided that he/she holds Ager Oliva S.r.l. harmless for the expenses incurred, otherwise he/she will accept the new conditions.
6.3 If in the course of the work of rehabilitating abandoned olive trees, difficulties in execution arise from geological, water and similar causes not foreseen by the parties, which make performance by Ager Oliva S.r.l. significantly more onerous, the latter shall be entitled to fair compensation in addition to the price paid.
6.4 The Producer-Contractor may interrupt the recovery service and the supply only in case of manifest inability to fulfill the obligations of procurement and supply due to events not dependent on it, but directly affecting the production (e.g. natural disasters) and the availability of the Product. In any case, the Buyer-Purchaser shall pay for the portion of oil work or supply already completed and/or paid for.
Article 7 - OBLIGATIONS OF THE CONTRACTOR.
7.1. The selling producer agrees to carry out the recovery of the abandoned olive tree in the area identified through web platform of Ager Oliva S.r.l. on land under its direct organization, as well as the sale of one liter of oil for each "adopted" plant, together with the following ancillary services: packaging and transportation.
7.2. The manufacturer-seller will make delivery of the Products within the terms, at the addresses provided in Article 3, with risk of perishment borne by the buyer-buyer once delivery is made to the carrier or freight forwarder since these are general goods, during the period as specified below.
Specifically, the delivery of oil will take place in the following terms:
if the adoption of the olive plant occurs before June 30, the oil will be delivered in November-December of the current year;
if the adoption of the olive plant occurs after June 30, the oil will be delivered in the months of October-November of the following year.
7.3. Transportation and supply insurance costs shall remain the responsibility of the selling producer for the first two delivery attempts. At the third attempt or in any case the failure to deliver even at the first attempt and attributable to error in the communication of the place of destination due to the fault of the buyer-buyer party, the delivery costs will be cash on delivery or borne by the latter (so-called freight collect).
7.4 In case of non-delivery of the oil due to the sole responsibility of the buyer at the third attempt or in any case after 21 days from the first delivery attempt, due to refusal in receipt or temporary absence and/or unavailability of the consignee, the goods that will return to the registered office of Ager Oliva S.r.l. will be donated by it to charity to charitable institutions of the Italian territory.
7.5 The selling manufacturer also undertakes:
a) to handle and transport the Products in accordance with applicable hygienic and sanitary regulations, in particular EC Regulations Nos. 852/2004, 853/2004 as amended and supplemented on food hygiene and EC Regulation 178/2002 as amended;
b) to notify the temporary unavailability of the oil, providing adequate justification for such unavailability as per Article 1.2. In this case, the Buyer may opt for the replacement of the liter of oil with another good with the same qualities, otherwise opt for a reduction on the adoption price of an olive tree for the following crop year corresponding to 25% of the price shown on the web platform at the time of the expiration of the contract signed.
Article 8 - BILLING, PAYMENTS, SOLVE ET REPETE CLAUSE.
8.1. The fees under this Contract will be paid to the supplier/producer/seller by the Buyer at the time of "adoption" of each olive plant on the web portal of Ager Oliva S.r.l. by successful completion on electronic payment circuits.
8.2. Where there are multiple deliveries of Products made during the same month, the Selling Manufacturer agrees to issue a single summary invoice per place of delivery and per individual type of Product by the 15th day of the month following the month of delivery.
8.3 In case of delayed payment of consideration for the provision of food and laying of agricultural services by the Buyer, the latter shall be obliged, to pay default interest automatically corresponding to 3% of the value of the opted service.
8.4 The Principal accepts and waives the right to raise a plea of non-performance without having previously fulfilled its payment obligation to Ager Oliva S.r.l. in the manner provided for therein. Pursuant to Article 1461 of the Italian Civil Code, the Principal may not impute any liability to Ager Oliva S.r.l, nor may it withdraw prematurely from the relationship or in any case release itself from the obligations undertaken and in particular from the obligation to make payment of the price in the agreed amount and on the agreed due dates not even in the event of non-delivery or delayed delivery of the goods, loss, damage, deterioration, destruction or misappropriation, total or partial temporary or final unsuitability or unusability of the same, for any cause whatsoever, including due to obvious or hidden defects, whether original or supervening, lack of the required qualities, lack of approval or non-compliance of the same with accident-prevention or anti-pollution standards, infringement of industrial property rights, seizure, requisition and the like. (solve et repete clause)
Article 9 - LIABILITY AND WARRANTIES.
9.1 The selling manufacturer warrants that the premises of any production, handling, packaging, and storage of the goods supplied have all the permits required by current regulations; and that transportation is carried out in accordance with current sanitary regulations.
9.2 All documentation supporting and evidencing the application of the provisions cited in clause 7.1. will be kept available to both the selling manufacturer and Buyer and sent upon specific request.
9.3 Ager Oliva S.r.l. in the execution of the Contract shall make use of suitably qualified and/or specialized personnel (hereinafter referred to as the "Workers") with whom it has an employment and/or collaboration relationship in compliance with the regulations in force. The Workers will depend solely and exclusively on Ager Oliva S.r.l. with the exclusion of any directive, disciplinary and control power on the part of the client-buyer, therefore the latter is to be held harmless and indemnified from any claims made by them by reason of the execution of this contract.
10 - SUBCONTRACTING
10.1 It is permissible and specifically authorized by the principal for Ager Oliva S.r.l. to enter into contracts for the provision of agricultural services with third parties, who may use their own agricultural means and/or agricultural equipment to achieve the object of this contract, as well as their own employees of whom Ager Oliva S.r.l. extends its guarantee as in Article 6.3.
11 - WITHDRAWAL.
11.1 It is not permitted to withdraw from distance contracts relating to food products "which, by their nature, cannot be returned or are liable to deteriorate or alter rapidly" (art. 55, paragraph 2, lett. c), Cons. Code).
11.2 Withdrawal is excluded in the case of product customization, such as the individual recovery of an olive plant, as well as for the supply of perishable goods in light of the Consumer Code.
12 - RESOLUTION
12.1 If in the course of the performance of the services there are serious and persistent deficiencies and/or failures ascertained to be the responsibility of Ager Oliva S.r.l., the Principal shall notify it by means of PEC, of such failures, ordering it to remedy them within 15 calendar days of receipt of the notice. After this period has elapsed without Ager Oliva S.r.l. having put in place the remedies indicated by the Principal in relation to the contested defaults, the Principal may terminate this contract by notifying the other party via PEC.
12.2 In addition, Ager Oliva S.r.l. may terminate ope legis this contract and request further compensation for damages, pursuant to art. 1456 et seq. of the Italian Civil Code, by notifying the Principal, by PEC, email or registered letter with return receipt, if:
- judicial dispute arises between the parties. This is without prejudice to the possibility for Ager Oliva S.r.l. alone to request in writing the continuation of the execution of the contract within 15 days of the filing of the judicial demand.
- Failure to communicate the purchaser's tax code and/or VAT number by the 15th day of the month following the purchase, thus coinciding with the deadline for Ager Oliva S.r.l. to issue the invoice.
Other cases of termination in the event that both Parties fail to comply with legal obligations regarding anti-money laundering, social security, payroll, health, safety and prevention of their employees, or refuse to prove compliance to the other Party with delivery of valid DURC for companies.
13 - FINAL PROVISIONS
13.1 This contract constitutes the complete manifestation of the agreements reached specifically point by point by individual negotiation between the parties and cancels and supersedes any different and previous agreements, including verbal ones, between them.
13.2 Any amendment, even unilateral, or supplement to this contract shall not be valid and binding unless it results from a written instrument.
13.3 Any notice concerning the implementation, modification or termination of this Contract, until further or contrary written provision, shall be made by registered letter with return receipt or by email from the addressee and shall be accepted by the purchaser/purchaser if there is silence/agreement within 60 days.
13.4 The place of jurisdiction shall be the place of residence of the consumer, in the case of legal persons the Court of Florence. The parties declare to preliminarily devolve any form of litigation to mediation bodies before resorting to judicial authority. In case of international jurisdiction, the conventions relating to the contract of contract will apply.
13.5 Ager Oliva S.r.l., in accordance with the provisions of EU Regulation No. 2016/679 (for brevity, also GDPR) laying down provisions for the protection of persons and other subjects with regard to the processing of personal data, in the person of the owner of Mr. Tommaso Dami, and hereinafter "Data Controller", informs that the personal and sensitive data provided by the Principal in all the aforementioned articles will be processed in compliance with the above-mentioned legislation and the obligations of confidentiality to which the Data Controller is bound. For these purposes related to the execution of this contract and within these limits, the parties mutually authorize each other to process the personal and sensitive data provided.
13.6 Ager Oliva S.r.l. undertakes to warn all employees, auxiliaries and all those who in any case collaborate in the performance of services, referred to in this contract, to the strictest observance of official secrecy, drawing the attention of the operating personnel to the provisions of Article 326 of the Penal Code, which punishes the violation, illegitimate use and exploitation of confidential information.
Article 14 - Industrial and Intellectual Property Rights.
14.1 The Owner declares that it is the owner and/or licensee of all intellectual property rights relating and/or pertaining to the Application and/or the Content available on the Application. Therefore, all trademarks, figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, and content relating to the Application are and remain the property of the Owner or its licensors and are protected by applicable trademark laws and relevant international treaties.
14.2 The Terms do not grant the User any license to use the Application and/or individual content and/or materials available therein, unless otherwise governed.
14.3 Any reproductions in any form of the explanatory texts and Contents of the Application, if not authorized, will be considered violations of the intellectual and industrial property right of the Owner.
15 Online Dispute Resolution for Consumer Users
The User Consumer residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the User Consumer to non-judicially resolve any dispute relating to and/or arising from contracts for the sale of goods and provision of services entered into online. Accordingly, the User Consumer may use such platform for the resolution of any dispute arising from the contract entered into online. The platform is available at the following address: ec.europa.eu/consumers/odr/