GTC

General Terms and Conditions

1) General information

The following General Terms and Conditions apply to purchases made on the website TusciaPollai.it as well as by e-mail, in compliance with the Italian law applicable from time to time.

These General Terms and Conditions apply between Rodolfo Perosillo, hereinafter referred to as “TusciaPollai.it/Seller”, and a natural person or legal entity, hereinafter referred to as the “Customer”, who purchases goods online, by e-mail or directly from TusciaPollai.it.

2) Acceptance of the General Terms and Conditions

Before submitting an order to the Seller, the Customer is required to read and review these General Terms and Conditions carefully.

By placing the order, the Customer declares that they have taken note of these General Terms and Conditions and accept them. Where required under Italian law, approval shall be given pursuant to Articles 1341 and 1342 of the Italian Civil Code.

Acceptance of these General Terms and Conditions constitutes a condition for the processing and confirmation of the order.

3) Conclusion of the contract

The contract between Seller and Customer is concluded:

• through the website TusciaPollai.it, when the Customer completes the steps provided there and submits the order;
• or by e-mail, when the Customer sends their order to the Seller and the Seller confirms that order by e-mail.

In the case of orders placed through the website, the contract shall be deemed concluded when the Customer completes the online order form with the required data, selects the desired products and indicates the delivery and payment methods, and submits the order.

In the case of orders placed by e-mail, the contract shall be deemed concluded as soon as the Seller confirms the order to the Customer by e-mail with the essential contractual data; this includes in particular the ordered goods, their essential characteristics, the price, the delivery conditions, the delivery time and the payment method.

The contracts shall be deemed concluded at the Seller’s registered office in Bolsena (VT), Via Lucio Elio Seiano 24; the goods are also produced there.

4) Obligations of the Customer

The Customer undertakes to pay the price of the purchased goods within the time limits and in accordance with the methods indicated in these General Terms and Conditions.

The Customer is required to keep a copy of these General Terms and Conditions.

The Customer is furthermore required to provide the Seller with all information necessary for the proper processing of the order completely and correctly, in particular invoicing details, delivery address and all information relevant to individually configured or custom-made products.

5) Purchase procedure

The Customer takes note of the goods on the basis of the images shown on the website TusciaPollai.it. Such images are for general illustrative purposes only and are merely indicative.

The Customer indicates online or by e-mail, in particular:

• the characteristics of the goods they wish to purchase;
• the invoicing details;
• the shipping address;
• the desired delivery and payment methods.

Before final confirmation of the order, the Customer receives a summary of the essential order data for verification purposes, in particular the ordered goods, the unit prices, the total costs in the case of several items as well as the shipping costs or, where these cannot reasonably be calculated exactly in advance, an indication that additional shipping costs may apply.

After receipt of the order, the Seller sends the Customer a confirmation by e-mail containing the Customer’s and the order’s data, the ordered goods, their characteristics, the delivery time, the indicated place of delivery and the chosen shipping method.

6) Prices

All indicated prices are understood to include VAT and, where applicable, CONAI contributions.

Shipping costs are not included in the purchase price, but are communicated before the conclusion of the order or, if they cannot reasonably be calculated exactly in advance, offered separately at a later time, before the Customer is definitively bound.

The Seller reserves the right to change the prices published on the website at any time. For the individual order, the prices indicated in the order summary or in the Seller’s confirmation e-mail shall apply.

The newly published prices replace the previously published prices and apply subject to the availability of the goods.

7) Payment methods

The Customer may make payment by bank transfer.

The Seller may provide for discounts or surcharges depending on the chosen payment method, provided that these are communicated to the Customer before the conclusion of the contract.

As a rule, production of the ordered goods and subsequent shipment shall begin only after receipt of the agreed payment. Until delivery, a payment shall be considered a deposit; after delivery it shall be considered the balance or final payment, unless otherwise agreed in the individual case.

8) Retention of title

The delivered goods shall remain the property of the Seller until full payment has been made.

9) Shipping and delivery, assembly, right of withdrawal

Shipping and delivery

As a rule, shipping costs are calculated on the basis of dimensions, weight, delivery address and value of the goods. In Italy, for this purpose, the correct indication of the province is required.

The Customer is required to provide a complete, exact and correct delivery address. If additional costs arise due to an incorrect or incomplete address, such costs shall be borne by the Customer.

Shipping costs may be determined by means of a logistical calculation system that also takes operating costs into account. It is possible that, in the case of orders placed at different times or involving different combinations of goods, different shipping costs may result.

Different orders cannot as a rule be automatically combined into a single shipment. Each order may give rise to its own shipping costs.

Delivery shall as a rule take place up to the street-side entrance at street level. The place of delivery must be easily accessible to the courier or delivery service. The delivery service may contact the Customer before delivery. For pallet shipments from 50 kg onwards, a vehicle equipped with a hydraulic tail lift shall be used where possible.

If a pallet delivery is not accepted by the customer after prior telephone appointment, the commissioned freight carrier may charge up to 80% of the originally agreed total delivery costs again for a new delivery attempt.

Since shipping costs depend on the dimensions and weight of the purchased products, the ratio between shipping costs and the value of the goods varies depending on the order.

For orders that include chicken coops, an additional shipping surcharge may apply. After receipt of the order, the Seller may request a separate offer from the transport company for such surcharge and communicate it to the Customer. If the Customer does not accept this additional amount, they may cancel the order without cost, provided that an individual production order has not yet been initiated.

The indicated delivery times are, unless something else has been expressly agreed in writing, non-binding indicative periods. In the event of events outside the Seller’s sphere of control, in particular force majeure, transport obstacles, delivery delays by upstream suppliers, official measures or other unforeseeable circumstances, delivery periods shall be extended appropriately.

Insofar as the Customer is a consumer, the risk of accidental loss or accidental deterioration of the goods shall, as a rule, pass only upon delivery of the goods to the Customer or to a third party designated by them, insofar as the applicable mandatory law does not provide otherwise.

Assembly

For all chicken coops, the Seller also optionally offers assembly. In this case, separate rules for transport and travel may apply.

A suitable, load-bearing and level substrate or a correspondingly prepared foundation, for example a strip foundation, is generally a prerequisite for assembly as well as for the intended use and the lasting stability of the chicken coop.

Insofar as the Seller communicates requirements to the Customer regarding the substrate, foundation, place of installation or accessibility, these must be complied with by the Customer. The Seller shall not be liable for damage, defects or impairments attributable to an unsuitable, non-load-bearing, non-level or otherwise non-compliant substrate or place of installation, unless mandatory legal provisions provide otherwise or the damage is attributable to the Seller.

Right of withdrawal

Insofar as the Customer is a consumer within the meaning of the applicable law and a distance contract exists, they shall in principle have a statutory right of withdrawal in accordance with the applicable provisions of Italian consumer protection law.

However, a right of withdrawal does not exist if and to the extent that the contract concerns the supply of goods that are not prefabricated and for the manufacture of which an individual choice or determination by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs.

This may apply in particular to individually configured or custom-made chicken coops. Whether the exception to the right of withdrawal applies in the specific case depends on the nature of the ordered goods and their degree of personalization.

10) Statutory warranty / conformity of the goods

Insofar as the Customer is a consumer, the statutory warranty for lack of conformity shall apply in accordance with the applicable provisions of Italian consumer protection law.

A lack of conformity exists in particular where the delivered goods do not correspond to the agreed characteristics, are not suitable for the ordinary or expressly agreed purpose of use, or deviate substantially from the confirmed configuration.

In particular, the following do not constitute defects covered by the statutory warranty: damage, impairments or changes caused by:

• improper use;
• incorrect, unsuitable or non-compliant self-assembly;
• an unsuitable, non-load-bearing or non-level substrate;
• a missing, insufficient or defectively executed foundation;
• interventions, alterations, repairs or other modifications carried out by the Customer or third parties;
• lack of care, lack of maintenance or omitted subsequent treatment;
• normal wear and ordinary deterioration;
• exceptional weather influences, storm, flood, hail, snow load, standing water or other external influences;
• damage caused by animals, parasites, aggressive cleaning or maintenance products or by other use not in accordance with the intended purpose.

In the case of chicken coops and other wood products, wood is a natural material. Natural and material-typical properties or changes of wood, in particular changes in shade, drying out, swelling and shrinking, small cracks, knots, resin leakage or other usual changes, do not constitute a defect, provided that the fitness of the goods for use is not impaired.

Minor visual deviations as well as natural changes typical of wood and other natural materials which do not impair the function and fitness for use likewise do not constitute a defect.

If a product is to be assembled by the Customer themselves, the buyer is required, before starting assembly, to read and follow the assembly and/or operating instructions carefully.

For entrepreneurs, the statutory provisions shall apply with regard to defects and warranty, unless otherwise agreed in writing in the individual case.

11) Invoices

Invoices shall as a rule be sent by e-mail to the e-mail address indicated by the Customer.

In the case of orders placed through the website, the Customer may also be able to download their invoices in the “My Account” area, provided that this function is available on the website.

12) Registration on the website

As part of the ordering process, the Customer may register on the website TusciaPollai.it.

At the time of registration, the Customer chooses a login in the form of an e-mail address and a password, which are required in order to access the “My Account” area.

These access data must be treated as confidential and may not be disclosed to third parties. The Seller reserves the right to deactivate the login and password if, in the Seller’s assessment, the Customer breaches these General Terms and Conditions or uses the access data improperly.

13) Limitations of liability

The Seller shall not be liable towards the Customer for interruptions or malfunctions of internet services that are outside the Seller’s sphere of control or that of the Seller’s auxiliaries, except in the case of intent or gross negligence.

The Seller shall not be liable for the fraudulent or unlawful use of means of payment by third parties, provided that the Seller has exercised the diligence required in normal commercial dealings and that there are no mandatory legal provisions stating otherwise.

If the Seller rejects an order in whole or in part, or is objectively unable to supply the goods, the Seller’s liability shall be limited to reimbursement of amounts already received, unless mandatory legal provisions or cases of intent or gross negligence provide otherwise.

The Seller shall not be liable for damage attributable to incorrect, improper or non-compliant self-assembly, to an unsuitable substrate or to interventions by the Customer or third parties, without prejudice to mandatory rights provided by law, in particular with regard to product liability and statutory warranty or conformity of the goods.

14) Applicable law

These General Terms and Conditions shall be governed by Italian law.

Mandatory consumer protection provisions of the legal system of the State in which the consumer has their habitual residence shall remain unaffected to the extent that they are applicable.

15) Jurisdiction

Insofar as the Customer is a consumer and the requirements provided for by Italian consumer protection law are met, the mandatory place of jurisdiction provided by law in favour of the consumer shall apply to disputes.

In all other cases, the court territorially competent for the Seller’s registered office shall have jurisdiction, to the extent permitted by law.

16) Specific approval of individual clauses

To the extent required under Italian law, the Customer declares, pursuant to Article 1341, paragraph 2, of the Italian Civil Code, that they specifically approve the following clauses:

• 2) Acceptance of the General Terms and Conditions
• 3) Conclusion of the contract
• 8) Retention of title
• 9) Shipping and delivery, assembly, right of withdrawal
• 13) Limitations of liability
• 14) Applicable law
• 15) Jurisdiction