Terms and Conditions of Use

LEGAL NOTES AND GENERAL TERMS AND CONDITIONS OF SALE AND USE

LEGAL NOTES

-    The website www.terzaluna.com has been developed by Terza Luna di Suglia Andrea with registered office at via Benedetto Petrone 11, 70122 Bari

VAT number: IT07160340720

Phone number: 0803216105

GENERAL TERMS AND CONDITIONS OF SALE AND USE

Terza Luna thanks the user for visiting the website www.terzaluna.com (hereinafter referred to as "the Website").
Before using this Website, the user must read the general terms and conditions of sale and use (hereinafter referred to as "the General Terms and Conditions of Sale and Use") as set forth below.

Any access or use of the Website implies the unconditional respect and acceptance of all the General Terms and Conditions of Sale and Use. In case of not wishing to accept all or part of them, it is necessary to refrain from using this Website.

TERZA LUNA reserves the right to modify the terms and conditions of these General Terms and Conditions of Sale and Use, as well as the legal notes. Such changes are considered accepted without reservation when the user accesses the Website after they have been posted online.

The user acknowledges that these General Terms and Conditions of Sale and Use constitute a complete and exclusive agreement between the user and TERZA LUNA regarding the use of the Website.

General sales conditions

The General Terms and Conditions of Sale and Use apply to all orders placed through the Website, regardless of any clauses that may be included in the buyer's documents.

When a case is not covered herein, the distance selling rules of the place where TERZA LUNA is based will apply.

The offers of TERZA LUNA on the Website are intended solely for private individuals. TERZA LUNA reserves the right to refuse to present its offers to any professional reseller and to cancel at any time, starting from the order date and for a period of 12 months following the scheduled delivery date, any order transmitted by a professional.

The products and samples available on the Website (hereinafter referred to as "the Products") are intended for personal use only. The user agrees not to sell or resell the TERZA LUNA Products and samples that they purchase or receive.

TERZA LUNA reserves the right to cancel, limit, or reduce the quantity of any order that may be transmitted in violation of these General Terms and Conditions of Sale and Use.

ORDERS AND VALIDITY OF OFFERS

1.1 PROCEDURE FOR PLACING AN ORDER

For each order placed on the Website, a detailed description of the Products is available.

The system used requires an active approach by the user and complies with the legal requirements for online sales and consumer protection.

To order the desired Products, the user must enter the items they wish to purchase in the product card by clicking on their photograph, choose the packaging and quantity desired, and click on "Purchase". The choices will be automatically added to the cart.

The user has the option to choose from multiple Products of the same reference by changing the quantities in the order summary. It is also possible to delete one of the previously selected Products by entering "0" in the quantity column.

Once all the desired Products have been ordered, the user must click on "Order" in the order summary. Next, the user must fill out the form with their complete delivery and billing information or choose a pre-registered address if they have a customer account.

Finally, the user must choose the payment method, verify the order, and then click on "Order" to finalize the order.

If any of the above elements are forgotten, the order will not be valid.

If the user wishes to modify/cancel the order, they must click on "Modify". The user can no longer modify or cancel the order once it has been validated by our services and the user has received the order confirmation email.

1.2 ORDER PROCEDURE

TERZA LUNA undertakes to accept orders transmitted via the Internet, within the limits of available stocks and in accordance with the present Conditions, of which the user must declare to have taken knowledge when confirming the order.

In accordance with articles L.111-1 and following, and L.121-17 of the Consumer Code, the user must be able, before the conclusion of the contract, to know the essential characteristics of the Products (nature, quantity, substantial quality...), their price, the accepted payment methods, the deadline and delivery restrictions as well as the deadline, conditions and methods of exercising the right of withdrawal, and the situations of exclusion related to the exercise of this right.

Before the conclusion of the sales contract, an order form will appear on the screen summarizing in detail the entire order at the price including VAT (excluding delivery charges) which can be modified or canceled. For the confirmation of this order form, it is necessary on one hand, to acknowledge that placing the order implies the obligation to pay it in full, on the other hand, to take knowledge of the General Sales and Use Conditions by selecting the appropriate boxes and clicking on the "Order" button. Selecting all the boxes mentioned above is an essential condition to allow you to confirm the order. The fact that the user completes the order form on the Site, pays for the order and confirms the order by clicking on the "Order" button constitutes full acceptance of these Conditions, which will be the only ones applicable to the concluded contract. For each purchase on our Site, the user will receive a confirmation email containing the order number, the details of the ordered Products, and the information to track the preparation and delivery of the Products.

1.3 LIMITATIONS

In case of stock depletion, TERZA LUNA undertakes to inform the user as soon as possible by writing to the email address provided. TERZA LUNA will communicate to the user the necessary supply times to obtain the desired Product and will propose a substitute product of equivalent value. TERZA LUNA is not able to manage pending orders: if a Product is out of stock and there is no precise restocking time available, TERZA LUNA will propose the refund of the ordered Product, with the payment method used at the time of order confirmation.

All orders will be considered only after the full payment of the Products is received and will be confirmed by TERZA LUNA by email.

TERZA LUNA reserves the right to cancel all non-compliant, suspicious, or bad faith orders. Furthermore, we reserve the right to refuse any order from a customer with whom there is any previous or pending dispute.

2. PRICES

The displayed prices are in Euro and are inclusive of taxes (VAT and any other tax according to the applicable rates at the time of the order).

These are net prices that include the price of the Products, handling, packaging, and storage costs. The prices are valid at the date of order confirmation and may be modified subsequently, without notice. They do not include participation in shipping and delivery costs, which vary depending on the amount, weight of the order, and/or the country of shipment.

Any order delivered outside of Italy may be subject to local taxes and customs fees at the expense of the buyer. Any customs duties may be requested from the user by the carrier at the time of delivery. These customs duties and taxes related to the delivery of an item are the responsibility of the user.

In no case will TERZA LUNA be required to incur additional expenses related to the delivery of the order, except for the transport charges described and invoiced during the conclusion of the order on the Site.

The price indicated in the order confirmation is the final price including VAT.

3. CONDITIONS AND PAYMENT

Payment for Products purchased on the Site is made in full at the time of order. The Products remain the property of TERZA LUNA until the full settlement of the order.

Payments are made through the Pay Pal circuit, bank transfer, recharge on a postepay card, or cash on delivery.

4. DELIVERY

TERZA LUNA is committed to doing its best to deliver the ordered Products within the specified timeframe, at the latest 30 days from order confirmation. Average times vary depending on the chosen destination country.

The Products are transported at the risk and peril of TERZA LUNA. The risk passes to the customer at the time of delivery of the Products to the address indicated by the customer.

TERZA LUNA guarantees that the products are in perfect condition at the time of delivery to the carrier. In case the products are severely damaged, the user must submit their reservations in writing to the carrier at the time of delivery, or within 4 hours after delivery at the latest. A copy of such reservations must be sent to TERZA LUNA by email at info@terzaluna.com within 12 hours after the reservations have been made.

If the above procedure is followed and it is proven that the reservations are due to the fact that the package or the Products are severely damaged, TERZA LUNA, at its discretion, will decide to issue a voucher, refund the customer the price paid, or make a new delivery of similar products.

No unvalidated returns of products will be accepted.

5. RIGHT OF WITHDRAWAL

The Buyer has the right to withdraw from the contract entered into, without any penalty and without specifying the reason, within a period of 14 (fourteen) working days, starting from the day of receipt of the purchased goods.

In case the professional has not fulfilled the obligations of information on the existence, methods, and times of return or withdrawal of the goods in case of exercising the right of withdrawal as per art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 90 (ninety) days and starts from the day of receipt of the goods by the Consumer.

If the Buyer decides to exercise the right of withdrawal, they must notify TERZA LUNA by registered mail with return receipt requested to the address Terza Luna Via Benedetto Petrone 11, 70122, Bari or by email at info@terzaluna.com, provided that such communications are confirmed by sending a registered letter with return receipt requested within 48 (forty-eight) hours. The stamp affixed by the post office on the receipt issued will be valid between the Parties. For the exercise of the right of withdrawal, the sending of the communication may be validly replaced by the return of the purchased goods, provided it is done within the same terms. The date of delivery to the post office or the carrier will be valid between the Parties.

The return of the goods must take place no later than 30 (thirty) days from the date of receipt of the goods. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in normal condition.

The Buyer cannot exercise this right of withdrawal for sealed food products with a seal that have been opened, as well as goods made to measure or clearly personalized or that, by their nature, cannot be returned or are at risk of deteriorating or altering rapidly.

The only expenses due by the Consumer for exercising the right of withdrawal in accordance with this article are the direct costs of returning the goods to the Supplier, and the shipping costs of the goods. If the Consumer has benefited from free shipping costs for exceeding purchase thresholds and intends to return all the products in the order, the courier costs incurred by the Supplier for delivery will also be deducted from the refunded amount.

TERZA LUNA will provide a free refund of the entire amount paid by the Buyer within 30 (thirty) days from the receipt of the withdrawal communication, except for deductions provided for transportation costs point 13.6 and any commissions paid to credit circuits.

Upon receiving the communication in which the Buyer communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, except as provided in the previous points of this article.

6. COMPLIANCE

TERZA LUNA undertakes to deliver a product compliant with the transmitted order and with the current Italian legislation.
In case of non-compliant delivery, the buyer has up to 2 months from the delivery date to send their complaint to TERZA LUNA. After this time, TERZA LUNA will no longer be able to guarantee the Products.

7. LIABILITY

TERZA LUNA undertakes to take all necessary care to implement the service it offers.

The Site provides information (photographs, texts) for indicative purposes only, as is, with all imperfections, errors, omissions, inaccuracies, and other ambiguities that may exist; such information is in no way contractual. Furthermore, this information should be considered at the time of its posting online and not at the time of consulting the Site. TERZA LUNA declines any responsibility: - for any interruption, malfunction, or unavailability of access to the Site; - for any misuse or misconfiguration of the user's computer; - for damages of any kind resulting from a fraudulent intrusion by third parties that has led to a modification of the information made available on the Site; - for any infringement due to a fortuitous event or force majeure such as, without limitation, disasters, strikes, fires, floods, equipment failure, transportation or communication means, or due to user interference; - for any indirect damage, such as loss of profits, loss of earnings, loss of data or clientele, which may result from the use of the Site or, conversely, from the inability to use it. In any case, regardless of the reason for TERZA LUNA's liability, its liability is limited to the lesser of these two amounts: (i) the amount of direct damage suffered by the customer or (ii) the price of the order. **8. PROTECTION OF PERSONAL DATA AND CONFIDENTIALITY** To create a customer account on our Site, the user must provide a certain number of personal data concerning them. TERZA LUNA undertakes to respect the confidentiality of the information voluntarily provided by the user or collected automatically by TERZA LUNA. All information left on the Site (name, address, email, etc.) will be used (location or sale of files) exclusively for purposes related to order processing and the management of commercial relations between the user and TERZA LUNA. Personal and tax data acquired directly and/or through third parties by TERZA LUNA, the data controller, are collected and processed in paper, electronic, telematic form, in relation to the processing methods for the purpose of recording the order and activating the procedures for the execution of this contract and the necessary communications, in addition to fulfilling any legal obligations, as well as to allow effective management of commercial relationships to the extent necessary to best fulfill the requested service. **9. INTELLECTUAL PROPERTY** All elements (texts, logos, trademarks, images, sound elements, software, icons, layout, databases, domain names) on the Site are the exclusive property of TERZA LUNA or are subject to authorization for use. Any reproduction or representation, in whole or in part, on any medium, of any element on the Site is strictly prohibited, except for a copy for private, individual, personal, non-transferable, and non-commercial use, subject to compliance with intellectual property rights and any other property rights mentioned. The transfer or license of any constituent element of the Site is subject to the prior written authorization of TERZA LUNA; violators will be punished according to the law. TERZA LUNA declines any responsibility in case of abusive and/or unauthorized use of such elements. **10. COOKIES** Cookies are used to facilitate navigation on the Site and streamline registration procedures or audience measurement. Cookies are text files placed on the user's hard drive by a web page server. The computer is probably configured to accept cookies. However, the user can change this setting to reject them, and TERZA LUNA suggests the user to do so if the use of cookies is a concern. When the user visits the Site to search, read, or download information, TERZA LUNA collects and stores some "visitor information" about them, such as the domain name or computer host from which the user accesses the Internet, the internet protocol (IP) address, the date and time of browsing the Site, and the URLs from which the user came to the Site. TERZA LUNA uses this information to analyze and measure Site traffic in order to make it more useful. After a certain period of time, TERZA LUNA destroys this information. If the user does not want TERZA LUNA to collect this type of information, please do not browse the Site.11. WEB BEACON Some web pages of the Site may contain web beacons that allow the counting of visitors on the Site and/or provide TERZA LUNA with certain information. These web beacons may be used with some of our partners, particularly to measure and improve the effectiveness of the Site. In any case, the information obtained through these web beacons is strictly anonymous and simply allows for collecting statistics on the visitation of certain pages of the Site, in order to better serve our Site's Customers. 12. LINK The user expressly acknowledges using the Site at their own risk and under their sole responsibility. The Site may contain links to other websites or other Internet sources. To the extent that TERZA LUNA cannot control these external sites and sources, it cannot be held responsible for the availability of such external sites or sources, and disclaims any responsibility regarding the content, advertising, products, services, or any other material available on or from these external sites or sources. Furthermore, TERZA LUNA cannot be held liable for damages or losses proven or presumed, consequential or otherwise related to the use or reliance on the content, goods, or services available on such external sites or sources. 13. COMPLAINT The Products offered comply with current Italian legislation. TERZA LUNA will not be held responsible in case of non-compliance with the legislation of the country in which the Products are delivered. It is the customer's responsibility to verify with local authorities the possibilities of importing or using the Products they intend to order. Complaints or disputes will always be received with benevolent attention, as TERZA LUNA always presumes good faith. In case of a complaint, the user may first contact TERZA LUNA to obtain a friendly solution, by writing to Terza Luna, Via Benedetto Petrone 11, 70122, Bari or by sending an email to info@terzaluna.com. 14. DISPUTES, APPLICABLE LAW All disputes arising from this contract will be referred to the Chamber of Commerce of Bari and resolved according to the Conciliation Regulation adopted by the same. If the Parties intend to resort to the ordinary judicial authority, the competent Court is that of Bari.