Terms and Conditions

Premise

1. a) These General Conditions of Sale (hereinafter " General Conditions ") are valid between the company AGRIPOOL SRL, with registered office in Desenzano Del Garda (BS), Via Colombare di Castiglione n.81/E, PI 00594610982, Brescia Company Register n. 14719, email: agripool@agripool.it (hereinafter, "Agripool" ) and any natural person acting for purposes other than their entrepreneurial, commercial, artisanal or professional activity (hereinafter, "Final Consumer" ), who makes online purchases on the website multigrip.it (hereinafter, "Site") of the items present therein (hereinafter, "Products").
2. b) These General Conditions govern the purchases of Products made on the Site, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree 206/2005 (hereinafter, “Consumer Code” ) and subsequent amendments regarding electronic commerce.
3. c) The Products offered through the Site are available exclusively for delivery within Italy, San Marino and the Vatican City State.
4. d) The use of the Site or the transmission of an order through the Site implies the stipulation between the Final Consumer and Agripool of a contract for the purchase of the Products and the acceptance of the General Conditions.
5. e) Agripool reserves the right to review and modify the General Conditions at any time. The End Customer will be subject to the General Conditions in force at the time of the order.
6. f) Agripool invites the End Customer to carefully consult the Cookie Policy and the Personal Data Protection Policy before using the Site.

Article 1: Acceptance of the General Conditions and Conclusion of Sales Contracts

The information contained in the General Conditions and the details contained in the Site constitute an invitation to formulate a contractual proposal and not an offer to the public and until the order has been accepted by Agripool, no contract will exist.

The General Conditions are an integral and essential part of the sales contract and for this reason they must be carefully examined "on line", on the Site, by the Final Consumer, before completing the purchase procedure. The Final Consumer, by electronically sending his purchase order, accepts the General Conditions, none excluded.

The purchase contract for the Products is concluded directly by accessing the Site and according to the procedure provided therein. To place an order, the Final Consumer must follow the online purchase procedure on the Site. He/she will then receive an email confirming receipt of his/her order.

Correct receipt of the order is confirmed by Agripool by means of an email response, sent to the email address provided by the End Consumer. This confirmation message will report the date of receipt of the order and a number to be used in any further communication with Agripool. The message will repeat all the data entered by the End Consumer, all information relating to the essential characteristics of the product, the indication of the price, payment methods, shipping methods and costs and applicable taxes. The End Consumer must verify its correctness and promptly communicate any corrections, according to the methods described in this document.

The Final Consumer can purchase only the Products present in the online catalogue at the time of placing the order and viewable online on the Site as described in the relevant information sheets.

In the event of non-acceptance of the order by Agripool – at its sole discretion – (for example in the case of incomplete data of the Final Consumer, Final Consumer not classifiable as a consumer pursuant to the Consumer Code, Products not available, delivery destination of products outside of Italian territory), the latter guarantees timely communication to the Final Consumer via email. In such cases, Agripool will reimburse the Final Consumer for any sums already paid by the latter.

Article 2: Accuracy of the End Consumer's data and order confirmations

The Final Consumer undertakes that all information communicated online at the time of ordering the goods is correct, precise and complete and that such information relates to the Final Consumer and/or the person placing the order and not to third parties.

Likewise, in the registration procedure necessary to activate the process for the execution of the contract and in further communications, the Final Consumer undertakes to enter his/her personal data and his/her e-mail address and not false data or data belonging to third parties.

When placing an order, confirmation from the company authorizing payment by credit card does not constitute acceptance of the order by Agripool, which reserves the right to check for any discrepancies and/or inaccuracies. The order will therefore be confirmed by Agripool only after such verification.

Agripool reserves the right to cancel the order confirmation received if this is the result of a processing error due to technical reasons and/or failures, or other causes not attributable to Agripool.

Article 3: Sales prices

The sales prices of the Products, shipping costs and payment methods are those shown on the Site and are expressed in Euros.

All sales prices of the Products displayed on the Site include VAT and any other tax, while shipping costs are excluded and must be added to the total amount due.

The total cost of shipping and transport to the destination indicated by the Final Consumer is borne by Agripool;

The Products are sold at the prices indicated in the online product sheet on the Site at the time of confirmation of the order by the Final Consumer. Before the Final Consumer confirms the order by clicking the appropriate button, the summary of the prices of the Products selected for purchase and the delivery costs will appear on the web page of the Site, data that will then be reproduced automatically in the order form following its confirmation.

Agripool reserves the right to modify the prices shown on the Site at any time, provided that, in any case, the modification will not apply to Products subject to orders already sent by the Final Consumer.

Agripool cannot be held responsible under any circumstances for any price variations.

Article 4: Payment Methods

The Final Consumer can pay for the Products ordered using the “online” payment methods at the time of purchase; online payment must be made using the following payment systems:

- by credit card, prepaid and rechargeable cards of the VISA, MASTERCARD, MAESTRO, AMERICAN EXPRESS circuits. Payments by credit card are managed directly by the secure servers of Shopify, which guarantees the security of online transactions. For this reason, Agripool does not become aware of and archive the data relating to the credit card of the End Consumer. Once the order has been received, Shopify will make a pre-authorization request on the credit card of the End Consumer to ensure that the latter has sufficient funds to complete the transaction. Agripool will not be responsible for any failed authorizations by the credit card issuers. Once the contract has been concluded pursuant to art. 1 above, the charge on the credit card will be final.

- via PayPal, ( http://www.paypal.it/it );

Delivery will not be made until Agripool has received confirmation that payment has actually been made.

Once the order has been received and evaluated, Agripool will send the Order Confirmation to the Final Consumer as soon as possible via email or will inform him of the non-acceptance.

Article 5: Delivery Methods

The Products will be delivered based on the times and methods indicated in the delivery service chosen by the Customer from the options shown on the Site.

Agripool will process confirmed orders as quickly as possible from the moment the confirmation is sent, but the actual delivery times will depend on the carrier, except for the right of withdrawal provided for by the Consumer Code.

Agripool undertakes to do everything in its power to make the delivery within a maximum of 30 (thirty) days from the order confirmation. In the event of failure to execute the order, due to the unavailability, even temporary, of the Product, the company will provide written communication to the Final Consumer and will refund any sums already paid for the payment of the Product.

Shipping costs are the responsibility of the Customer and may vary depending on the delivery service chosen.

Once the shipment has been made, Agripool will send the customer an email notification of shipment with instructions for tracking the shipment.

Shipments are made only within Italy, San Marino and the Vatican City State.

The End Consumer is required to verify, upon receipt, the conformity of the delivered Product with the order placed and that the package received is intact, not damaged or wet. The End Consumer is also required to verify that the number of packages (number of packages) indicated on the delivery note corresponds to the number of packages actually delivered. Only after this verification, and without prejudice to the right of withdrawal provided for by the Consumer Code, the End Consumer must sign the receipt documents.

The Final Consumer is required to communicate any damage that occurs to the Products during transport within 2 days of receiving the same, or to add the wording “with reservation” when signing for receipt to the courier.

Article 6: Right of Withdrawal

The Final Consumer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty within 30 days of receiving the purchased Products.

To exercise this right, the Final Consumer must send Agripool an explicit written communication to this effect (letter sent by post or email), within 30 days from the date of receipt of the purchased Products, using the withdrawal form on the Site or the attachment at the bottom of this article of the General Conditions (not mandatory). The withdrawal communication must be sent by email to multigrip@agripool.it within the aforementioned 30-day period. Upon receipt of the withdrawal notice, Agripool will promptly communicate to the Final Consumer the instructions for returning the Products. The Final Consumer must return the Products or deliver them to Agripool (with suitable documentation relating to the order) or to a third party authorised by the latter to receive them, without undue delay and in any case within 14 days from the date on which he communicated to Agripool his intention to withdraw from the contract.

The direct shipping costs relating to the return of the Products are borne by the Final Consumer.

The purchased Products must be returned in their entirety and unused, with all accessories and any spare parts, in the original packaging, complete in all its parts (including packaging and any documentation, etc.). In the absence of this, Agripool reserves the right not to accept the return.

The Final Consumer is responsible for the decrease in value of the Products due to handling other than that necessary to establish their nature, characteristics and functioning.

In the event of withdrawal, the Final Consumer will be refunded for the payments made to Agripool for the purchase of the Products, in addition to shipping costs within the limits of the costs set for standard deliveries. The refund will be made within 14 days from the date of receipt of the withdrawal notice, provided that the Products have also been returned during this period. The refund will be made using the same means of payment used for the initial purchase, unless the Final Consumer has expressly agreed with Agripool on a different method. The right of withdrawal is in any case subject to the exceptions set out in art. 59 of the Consumer Code.

In the event of damage to the Products during transport, Agripool will notify the Final Consumer of the incident (within the 5th working day of receipt of the same), to allow the Final Consumer to report the event to the courier to whom he entrusted the transport and exercise the compensation actions of the case. In this case Agripool will make the returned Products available to the Final Consumer for their collection and the request for withdrawal will be considered cancelled. Agripool is not liable in any case for damage or theft/loss of Products returned with uninsured shipments and reserves the right to examine them, upon arrival at the warehouse, to assess any damage or tampering not resulting from transport.

Standard withdrawal form Pursuant to art. 49, paragraph 1, letter h) of the Consumer Code (complete and return this form only if you wish to withdraw from the contract) Spett.le Agripool Srl, Desenzano Del Garda (BS), Via Colombare di Castiglione n.81/E, PI 00594610982, telephone 0309991173, fax 0309991177, email address multigrip@agripool.it I/we* hereby notify the withdrawal from my/our* contract of sale of the following goods [•], ordered on [•](*) / received on [•](*) Name of the consumer(s) Address of the consumer(s) Signature of the consumer(s) (only if this form is notified on paper) Date [•] * Delete where unnecessary.

Article 7: Warranty and Complaints

All Products are covered by the manufacturer's conventional warranty and by the 24-month warranty for defects of conformity, pursuant to the Consumer Code. The warranty is reserved for the consumer.

To benefit from warranty assistance, the End Consumer must keep the invoice (or delivery note) that he will receive in electronic PDF format via a link in the order confirmation email.

The exercise of the guarantee may require the request to follow the procedures illustrated in the documentation included in the product packaging. The manufacturer's conventional guarantee is provided according to the procedures illustrated in the documentation included in the product packaging. If the defect is not covered by the manufacturer's conventional guarantee, the Final Consumer will be charged for any costs of verification and restoration requested, as well as transport costs.

The 24-month warranty pursuant to the Consumer Code applies to the Product that presents a lack of conformity, provided that it is used correctly, in compliance with its intended use and as provided in the attached technical documentation. The warranty does not apply to Products that have been tampered with, used incorrectly or repaired by personnel not authorized in writing by Agripool. All breakages due to inexperience, impacts or improper use of the Products by the End Consumer are excluded from the warranty. Defects resulting from carelessness, inexperience of various kinds, improper use of the Product, mistreatment, deterioration, impacts, lacerations and anything else not attributable to defects attributable to manufacturing processes are also excluded from the warranty. Components subject to wear are excluded from the warranty.

In the event of a lack of conformity, Agripool will, at no cost to the End Consumer, restore the conformity of the product by repair/replacement or by reducing the price or partially refunding the order or by providing a discount code, until the contract is terminated. If the defect does not result in a lack of conformity pursuant to the Consumer Code, the End Consumer will be charged for any costs of verification and restoration requested by the Authorized Assistance, as well as transport costs.

In the event that, for any reason, Agripool is unable to return to the End Consumer a product under warranty (repaired or replaced), it will have the right - at its own discretion - to refund to the End Consumer the amount paid taking into account the use of the Product or replace it with a Product with similar characteristics.
If the application of the guarantees requires the return of the Product, this must be returned by the Final Consumer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment). In order to limit damage to the original packaging, the Final Consumer may ensure that it is placed in a second box, avoiding placing labels or adhesive tape directly on the original packaging.

Agripool will provide the Final Consumer with an authorization number for the return of the Product, to be indicated on the outside of the packaging, following the instructions provided in the return authorization email. Any complaints must be addressed to multigrip@agripool.it .

Article 8: Privacy

The processing of the personal data of the End Consumer takes place in compliance with the regulations in force regarding privacy, with particular reference to the provisions of the General Data Protection Regulation. Agripool Srl is the Data Controller of the personal data of the End Consumer processed for the purposes of completing and executing the Contract.

The customer's personal data will be processed for (i) purposes functional to the fulfillment of fiscal, accounting and legal obligations and contract and customer management purposes (supply of products and accessories, assistance service, replacement, repair, customer management and administration, orders, shipments, invoices, solvency control and dispute management) and (ii) purposes connected to commercial activity (mail order sales, marketing and advertising, market analysis and research, promotional activities, customer satisfaction surveys, competitions, events, prize games and similar, statistical analysis).

The data will be processed, including through the creation and management of a central archive, with paper, computer and telematic media to which specialized and authorized personnel have access. The provision of personal data essential for compliance with the law and/or for the establishment and/or continuation of the contractual relationship is mandatory, in the sense that in its absence it will be impossible to establish and/or continue such relationship. The provision of other personal data is optional and generally functional to providing a better service to customers; any refusal to provide such data will not have negative consequences for the customer.

personal data concerning the customer may be communicated to parent companies, subsidiaries and/or affiliates of Agripool for the same purposes as above or to external subjects of specialized services in: i) management of software, hardware, telematics and information systems; ii) data processing and archiving activities; (iii) printing, transmission, packaging, transport and sorting of communications to customers; (iv) financing, debt collection and financial risk detection services. The customer may always exercise the rights provided for in Article 7 of the Privacy Code.

The duration of the treatment is strictly connected to the contractual object. The data will be processed according to the purposes of the contract, functionally to the performance of the contractual object and to legal obligations, in compliance with the privacy information released by Agripool Srl available on the Site.

The Final Consumer, by electronically sending his/her purchase order, acknowledges the aforementioned information and consents to the processing of the personal data provided.

Article 9: Responsibility

Agripool assumes no responsibility for disruptions attributable to force majeure such as, for example, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, execution within the times agreed by the contract. Agripool will not be liable towards any party or third parties for damages, losses and costs incurred as a result of failure to execute the contract for the reasons mentioned above, the Final Consumer having the right only - in the event of termination of the contract - to the refund of the price paid.

Likewise, Agripool is not responsible for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, when paying for products purchased on the Site, since at no time during the purchase procedure is the Company able to know the credit card number of the Final Consumer, which is transmitted directly to the banking service manager through a protected connection.

Article 10: Communications

All contractual communications addressed by the Final Consumer to Agripool, including any complaints, must be sent by registered letter with return receipt to the address Desenzano Del Garda (BS), Via Colombare di Castiglione n.81/E and anticipated by e-mail to the address multigrip@agripool.it ; or by certified e-mail to the address multigrip@agripool.it . All communications relating to the Contract will be sent by Agripool to the Final Consumer, by e-mail, to the address indicated during registration.

Article 11: Applicable Law and Competent Court

These General Conditions are drawn up in Italian and governed by Italian law.

The purchase contracts of the Products through the Site are governed by Italian Law.
For any dispute arising from the conclusion of such contracts, the Judge of the place of residence or domicile of the Final Consumer will be competent.

In accordance with EU Regulation No. 524/2013, the Final Consumer has the right to request an extrajudicial resolution of disputes in consumer matters online through the address http://ec.europa.eu/consumers/odr/ . For a faster resolution, the Customer can contact Agripool directly through customer service by writing to the appropriate address multigrip@agripool.it