These general conditions of sale (hereinafter, the “General Conditions”) have as their object the regulation of the purchase of products carried out remotely and made available, via the Internet, from the site elisirapi.com (hereinafter, the “Website”) in compliance with the Italian legislation referred to in Legislative Decree no. lgs.206/2005 as amended (Consumer Code) and Legislative Decree 70/2003 The seller of the products and owner of the web site is Organic beekeeping Elisir, via Mezzabarba,1, 26900 Lodi (LO) – ITALY • VAT number 08358290966
The consumer who accesses the Website to make purchases (hereinafter, the “Customer”) is required, before sending the order, to read these General Conditions which are available on the Website in order to allow them to be reproduced and
In the event that the person making the purchase on the Website requests the issuance of an invoice and/or in any case is not a “consumer or user” as defined in art. 3, paragraph 1, lett. a) of Legislative Decree lgs. 206/2005, the discipline of withdrawal referred to in these General Conditions will not apply nor, more generally, the provisions that pursuant to the same Legislative Decree lgs. 206/2005 apply only to “consumers”.
The contracts concluded remotely with Organic beekeeping Elisir through the Website are governed by these General Conditions in compliance with Italian legislation. The language available to conclude the contract is Italian.
The premises are an integral and substantial part of these General Conditions.
2. Formalization of the contract
1 The characteristics and price of the various products on sale on the Website (hereinafter, “Products” or “Product”) are shown on the page relating to each Product.
2 The contract between Organic beekeeping Elisir and the Customer is concludedexclusively through the Customer’s access to the Website, where, following the procedures indicated, the Customer will arrive at formalizing the proposal for the purchase of the Products using remote communication technology through the Internet.
3 The service is active for purchases to be delivered in Italy and in the following EU countries indicated in point 9.
4 The contract is considered concluded after the exact completion of the request form and the consent to the purchase and the subsequent confirmation, by Elisir Apicoltura Biologica, of the successful registration of the purchase order made by the Customer through summary message of the order, sent to the e-mail address indicated by the Customer and/or with a web screen.
5 The contract is not considered completed and effective between the parties in default of what is indicated in the previous point.
6 In the event of any depletion of stocks due to unforeseeable factors or other causes, Elisir Apicoltura Biologica undertakes to promptly notify the Customer by e-mail of the unavailability of the product and to refund or otherwise not charge the Customer the corresponding price, or to inform the Customer of the waiting times to obtain any further available goods chosen, asking if he intends to confirm the order or not.
7 Elisir Apicoltura Biologica reserves the right not to accept incomplete and/or not duly completed purchase orders by communicating via email to the email address indicated by the Customer and/or via web screen.
3. Obligations of the Client
1 The Customer undertakes to read and accept these terms and conditions.
2 The Customer undertakes, once the online purchase procedure has been completed, to print and/or keep these terms and conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase. This in order to fully satisfy the condition referred to in articles 52 and 53 of Legislative Decree 206/05 and subsequent amendments and additions.
3 The Customer is strictly prohibited from entering false and/or invented data in the registration procedure necessary to activate the procedure for the execution of this sales agreement and the related further communications. The personal data and e-mail must also correspond exclusively to one’s own personal data and not to those
of third parties.
4 The Client declares to be of legal age.
4. Delivery times and methods
1 Organic beekeeping Elisir will deliver to the Customer, to the address indicated by the latter and by standard courier, the Products selected and ordered by the same.
2 Except in cases of force majeure or unforeseeable circumstances, deliveries take place approximately within 5 working days, 7 for the Islands, starting from the date of transmission of the purchase order confirmation by Organic beekeeping Elisir. Deliveries are not made on Saturdays and public holidays, during the Christmas, New Year and Easter periods, delivery times may be subject to delays.
3 Once the Products have been shipped, the Customer will receive a confirmation email which will include a link to refer to for tracking the shipment.
4 Organic beekeeping Elisir cannot be held responsible for delays due to the courier.
5. Transportation damage
1 In the event that the Customer finds any external damage to the packaging or the mismatch in the number of packages, he must immediately place a written control reservation on the Courier’s proof of delivery or refuse acceptance of the damaged package by writing the reason in pen on the waybill that the Courier requires you to sign upon delivery receipt. The Customer who has accepted the package subject to inspection and has subsequently found damage to the product must, within 8 days of delivery, report the damage by sending a registered letter with return receipt to
Elisir Apicoltura Biologica, via Mezzabarba 1 – 26900 Lodi ( LO). In addition to the reason for the complaint, the Customer must also specify the purchase order number and the tax documentation.
2 In the event that the Customer finds damage to the product due to transport that is not visible from the outside or the mismatch in the number of products received, he must report the damage, in the first case within 8 days of discovery and in the second within 8 days of delivery , by sending a registered letter with return receipt to Elisir Apicoltura Biologica, via Mezzabarba,1 26900 Lodi (LO). In addition to the reason for the complaint, the Customer must also specify the purchase order number and the tax documentation.
3 If the Customer does not act in the ways and within the terms indicated in the previous points 1 and 2 of this article, he will lose the right to a replacement or refund.
4 In the event that the carrier has been chosen by the Customer other than those proposed during the purchase phase, the risk of damage and deterioration of the Products is transferred to the Customer already at the time of delivery to the carrier, precluding any dispute regarding to the external characteristics of what was delivered. In this case, any objection must be raised directly by the Customer against the carrier.
6. Notification of defects and legal guarantee
1 Elisir Apicoltura Biologica has the obligation to deliver to the Customer goods compliant with the sales contract and is liable to the buyer for any lack of conformity existing at the time of delivery of the goods.
2 The products are covered by the two-year legal guarantee for lack of conformity pursuant to articles 128,129, 130, 131, 132, 134, 135 of Legislative Decree 206/2005 and subsequent amendments and additions.
3 The guarantee is reserved to the consumer as defined by the Legislative Decree. 206/2005 and subsequent amendments and additions.
4 The buyer loses the guarantee if he does not report the lack of conformity to the seller within 2 months from the date on which he discovered the defect.
5 The legal guarantee only covers the replacement of goods that do not comply with the sales contract, as the object of the contract are food products. The guarantee does not apply in the event that the reported defects derive from incorrect storage, handling or use or transport of the product by the consumer or in the event of non-compliance with the instructions provided by the food manufacturer on the product label. Likewise, the guarantee does not apply whenever the defect is attributable to the guilty or willful conduct of the consumer or depends on other causes not attributable to the production and transport of the product to the consumer’s home.
6 In the event that the Customer finds any lack of conformity, he must report the damage, within 2 months from the date of discovery of the defect, by sending a registered letter with return receipt to Elisir Apicoltura Biologica, via Mezzabarba,1 26900 Lodi (LO). In addition to the reason for the complaint, the Customer must also specify the purchase order number and the tax documentation.
7 In the event of a lack of conformity, duly reported within the established terms, the purchaser will have the right to have the product replaced within a reasonable term unless the remedy itself is objectively impossible or excessively burdensome or, secondarily, he will have the right to a reduction price or termination of the contract. A minor lack of conformity for which it was not possible or excessively burdensome to carry out the remedies of repair or replacement, does not give the right to terminate the contract.
8 Elisir Apicoltura Biologica reserves the right to verify the existence of the lack of conformity.
9 Elisir Apicoltura Biologica reserves the right to inform the purchaser if it will collect the defective product from the purchaser’s home.
10 The operating times for carrying out the activities inherent to the activation of the guarantee are variable and are determined by the type of product and the nature of the defect.
11 Elisir Apicoltura, can never, in any case, be burdened with charges deriving from any delays in the delivery of the replaced product or from the refund of the price. In any case, except in exceptional cases, the replacement will be made within 15 working days of delivery of the defective product to Beekeeping Elisir. Otherwise, the Customer will be able to carry out one of the alternative remedies provided by law (termination of the contract or reduction of the price paid taking into account the possible use of the asset).
7. Right of withdrawal
1 The Customer has the right to withdraw from the contract for any reason and without any penalty within 14 days starting from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last good, where the information obligations set forth in art. 52 of Legislative Decree 206/2005 and subsequent amendments.
2 In the event that the seller has not satisfied the information obligations pursuant to articles 52, paragraph 2, lett. f) and g) and 53 of Legislative Decree 206/2005 and subsequent amendments and additions, the deadline for exercising the right of withdrawal ends 12 months after the end of the initial withdrawal period. This last term also applies in the event thatOrganic beekeeping Elisir provides incomplete or incorrect information that does not allow the correct exercise of the right of withdrawal.
3 The right of withdrawal must be exercised by the Customer by sending a written communication by registered letter with acknowledgement of receipt, to be sent to Elisir Apicoltura Biologica, via Mezzabarba,1 – 26900 Lodi (LO).
4 The communication must include the name, address, the purchase order number, the intention to withdraw from the purchase and the product or products for which the right of withdrawal is to be exercised; the Customer must also attach a copy of an identity document, a copy of the purchase tax documentation, indicate both a telephone number on which he can be contacted and the bank details of the current account on which he wishes to receive a refund of the amount paid.
5 To meet the withdrawal deadline, it is sufficient to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
6 Once the notice of withdrawal has been received, Elisir Apicoltura Biologica will inform the Customer of the address to which to ship the products to be returned and the authorization to return the products themselves.
7 The Customer must send the product carefully packed in its original packaging, complete with everything originally contained, to the address communicated. The shipment by the Customer must take place by courier or delivery to the Seller or to a third party authorized by the latter within 14 days of the notification of withdrawal from the contract to Elisir Apicoltura Biologica. Upon receipt of the products or until the buyer has demonstrated that he has returned the goods, whichever occurs first, Elisir Apicoltura Biologica will refund the amount paid to the customer. For the purposes of the expiry of the term, the goods are considered returned when they are delivered to the accepting post office or to the shipper.
8 In case of exercise of the right of withdrawal within fourteen days pursuant to art.64 paragraph 1 Legislative Decree 206/2005 and subsequent amendments and additions, the costs incurred by the customer for returning the products to Elisir Apicoltura Biologica are charged to the customer.
9 In case of exercise of the right of withdrawal within 14 days pursuant to art.64 paragraph 1 Legislative Decree 206/2005 and subsequent amendments and additions, the integrity of the goods to be returned is an essential condition. The warranty seal must be intact.
10 In the event of exercising the right of withdrawal within 14 days pursuant to art.64 paragraph 1 Legislative Decree 206/2005 and subsequent amendments and additions, Elisir Apicoltura Biologica will refund the amount paid by the Customer within 14 days from the day on which it is informed of the Customer’s decision to withdraw from the contract using the same form of payment used by the Customer for the initial transaction, except various agreements expressly agreed with the Client.
11 The refund may be suspended until the goods are received or until the Customer demonstrates that he has sent the goods back, whichever is earlier.
1 All the sales prices of the Products displayed and indicated on the Website constitute an offer to the public pursuant to art. 1336 of the civil code
2 The Customer will pay Organic beekeeping Elisir for the Products purchased at the price indicated in the online catalog at the time the Customer places the order. This price will be expressed in euros and will include VAT.
3 The shipping costs of the products, where provided for by the Customer, will be applied according to the prices indicated in the Shopping Cart when entering the delivery address, which the Customer takes a look at before placing the order.
4 The prices of the Products may be updated and therefore subject to variations on a daily basis.
5 There are no minimum amounts to place an order.
6 Any promotions offered are valid until stocks of the products themselves are exhausted and/or until any date indicated in the communications of the promotions or on the Website.
8bis. Discount Codes
Starting from 7 January 2020, discount codes (indicated as “voucher”, “coupon” or similar) cannot be combined. The validity of the discount codes is limited to the expiry date indicated, if any. Starting from 19 May 2020, the shipping costs will be applied based on the amount resulting from the difference between the value of the goods and the amount of the discount code. Discount codes do not apply to products on offer, promotion or at a discounted price.
9. Shipping costs
With orders equal to or greater than 75.00 euros (seventy-five), the shipping costs are totally borne by Elisir Apicoltura Biologica (in Italy)
For orders of less than 75.00 (seventy-five) euros, the shipping costs are per kg:
From 1 kg to 5 kg €8.90
From 6 kg to 10 kg €10.09
From 15 kg to 20 kg €14.94
For deliveries outside the Italian territory, the costs are entirely borne by the customer and shipments are made in the following EU countries: Austria, Balearic Islands, Belgium, Luxembourg, Bulgaria, Canary Islands, Corsica, Croatia, Denmark, Eire, Estonia, Finland , France, Germany, Greece, Croatian Islands, Greek Islands, Portugal Islands (Madeira, Azores), Latvia, Lithuania, Holland, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, Hungary
1 Elisir Apicoltura Biologica assumes no responsibility for disservices attributable to force majeure of any nature and kind, in the event it fails to execute the contract within the time agreed.
2 Causes of force majeure, by way of example but not limited to, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events, as well as provisions of the Public Authority, the strike of carriers of which Elisir Apicoltura Biologica makes use of, as well as any other circumstance that is beyond the control of the latter.
3 Without prejudice to the provisions of art.8 of the EU Directive 97/7 and of the art.56 Legislative Decree 206/2005 and subsequent amendments and additions, Elisir Apicoltura Biologica assumes no responsibility for any fraudulent use made by third parties of the credit card details provided by the Customer.
4 Elisir Apicoltura Biologica cannot be held responsible, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet beyond its control or that of its subcontractors.
5 Elisir Apicoltura Biologica will also not be liable for damages, losses and costs suffered by the Customer following the non-execution of the contract for reasons not attributable to him, since the Customer is only entitled to the full refund of the price paid and any ancillary charges supported.
11. Methods of payment
1 The Customer will pay for the products ordered by credit card: purchases are possible with the main credit cards. Bank transfer: payments by bank transfer are accepted. The shipment will take place only after the credit has been received and, consequently, the delivery may be postponed by 2-3 days. In this case it is also necessary to enter the order number in the reason for the payment to identify the transaction. Cash on delivery: payments by cash on delivery are accepted.
2 The payment will include the costs for the shipping contribution, where applicable, to be paid by the Customer, according to the methods of the offer published on the Website.
3 If the purchase is made by VAT holders, it will be possible to request the issuance of the invoice during the order procedure by entering the data necessary for invoicing; in this case Elisir Apicoltura Biologica will send the invoice via the interchange system of the Ministry of Finance. The customer is responsible for entering the billing data correctly and is expressly informed that, if the invoice is not requested during the order phase, it will not be possible to request it later.
4 For the issuance of the fiscal document, the indications provided by the Customer at the time of the order will prevail. No variation will be possible after the issuance of the fiscal document. To this end, the Customer undertakes to carefully check the data entered at the time of the order, as these will be used for accounting entries.
12. Termination of Agreement
1 The obligations assumed by the Customer in art. 3 above, as well as the guarantee of the successful completion of the payment that the Customer must make, are of an essential nature, so that, by express agreement, the failure by the Customer of only one of these obligations will determine the legal termination of the contract pursuant to art.1456 of the civil code, without the need for a judicial decision, without prejudice to the right for Organic beekeeping Elisir to take legal action for compensation for further damages.
1 Elisir Apicoltura Biologica reserves the right to vary these terms and conditions at any time, publishing the version updated from time to time on the Website.
2 Any new clauses will be effective for purchases made after the date of the modification.
14. Applicable Law
1 This contract is governed by Italian law. These terms and conditions are reported, for anything not expressly provided herein, to Legislative Decree 206/05 and subsequent amendments and additions.
15. Place of jurisdiction
1 Any dispute relating to the application, execution, interpretation of this contract stipulated online through the Website is subject to Italian jurisdiction.
2 For disputes arising between the Parties in relation to this contract, the judge of the place of residence or domicile of the Customer is competent if located in the territory of the Italian State.
3 If the Customer’s residence or domicile is not located in the territory of the Italian State, the Court of the place where the goods were delivered is competent.
4 In all other cases, the territorial jurisdiction is exclusively that of the Court of Lodi, any other competent court excluded.
16. Protection of confidentiality and processing of the Buyer’s data
17. Dispute Resolution (ODR)
1Pursuant to the European Union Regulation n. 524/2013, consumers residing in the States belonging to the European Union are informed that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial manner any dispute relating to contracts for the sale of goods and services entered into on the web and/or deriving from them. Consequently, if you are a Consumer established in Europe, you can use this platform for the resolution of any dispute arising from the online contract stipulated on this site.
The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr
In compliance with the provisions of the aforementioned legislation, we also inform you that the e-mail address of Elisir Apicoltura Biologica is email@example.com
18. How to store the contract
1 Pursuant to art. 12 of Legislative Decree 70/2003, Elisir Apicoltura Biologica informs the Customer that every order sent is stored in digital form at the headquarters of Organic beekeeping Elisir according to criteria of confidentiality and security.