General Conditions
1. Introduction and Effectiveness of the General Conditions
These general terms and conditions of sale (hereinafter referred to as the “General Conditions”) govern the purchase of products and services made remotely and made available via the internet through the website www.illombricoinfinito.it (hereinafter referred to as the “Website”), owned by Ruben Paolo Gemme, operating under the business name “Il Lombrico Infinito,” in compliance with Italian regulations as per Legislative Decree 206/2005 and subsequent amendments and integrations (hereinafter referred to as the “Consumer Code”).
The term “Seller” refers to the provider of the products and services and the owner of the Website: Il Lombrico Infinito by Ruben Paolo Gemme, VAT number 02600580068, with registered office at Strada Lacello 18, 15016 Cassine (AL), certified email: rubenpaolo.gemme@pec.agritel.it.
The consumer, referred to as the “Consumer” or “Buyer,” is the natural person making the purchase under this contract for purposes not related to any commercial or professional activity they may be engaged in. The Consumer, who accesses the Website to make purchases (hereinafter referred to as the “Customer”), is required to carefully read these General Conditions before placing an order. These conditions are made available on the Website and can be accessed at any time by the Customer through the link provided in the confirmation email of each order, allowing for reproduction and storage.
If the person making purchases on the Website requests an invoice or is not classified as a “consumer” as defined in Article 3, paragraph 1, letter a) of the Consumer Code, the provisions regarding withdrawal in Articles 7 and 8 of these General Conditions, as well as other consumer-specific regulations under the Consumer Code, will not apply.
Contracts concluded with Il Lombrico Infinito through the Website are governed by these General Conditions in compliance with Italian law. The language available for concluding the contract is Italian. The products mentioned in the previous section are illustrated on the webpage: https://www.illombricoinfinito.it/negozio/.
2. Choosing and Ordering Products – Subject of the Contract
Under this contract, the Supplier sells, and the Buyer purchases, via remote electronic means, the tangible goods indicated and offered for sale on the website www.illombricoinfinito.it. The characteristics and prices of the various products available for sale (hereinafter referred to as “Product” or “Products”) are detailed on the respective product pages of the Website.
To purchase Products and complete the contract, the Customer must fill out and submit the electronic order form at https://www.illombricoinfinito.it/carrello/, following the instructions on the Website. The Customer must add the Product to the “Cart” and, after reviewing the General Conditions and Privacy Policy and confirming acceptance, provide shipping and invoicing details, select the desired payment method, and confirm the order.
By submitting an order through the Website, which constitutes a contractual proposal, the Customer acknowledges and declares that they have reviewed all the information provided during the purchasing process and fully accept these General Conditions and payment terms.
The contract between Il Lombrico Infinito, operated by Ruben Paolo Gemme, and the Customer is considered concluded upon acceptance of the order by www.illombricoinfinito.it. This acceptance is communicated to the Customer via an order confirmation email containing a reference to these General Conditions, the order number, shipping and billing details, a list of ordered Products with their essential characteristics, and the total price, including shipping costs and VAT.
The Customer must check the confirmation email and, if they identify any errors in the order, they have 12 hours from receiving the email to contact Customer Service via the contact section on the Website’s homepage. After this period, the order will be processed for shipping, and no further modifications will be accepted, without prejudice to the Customer’s rights under Article 7.
Upon receiving the order, Il Lombrico Infinito will verify product availability before processing. If one or more Products are unavailable, Il Lombrico Infinito’s Customer Service will promptly notify the Customer via email, who will then have 12 hours to respond and confirm whether they wish to proceed with shipping the available Products or cancel the order. If no response is received within this period, the order will be considered confirmed, and only the available Products will be shipped.
If only some Products are out of stock, Il Lombrico Infinito will proceed with shipping the available items. In either case, the amount corresponding to the unavailable Products will be immediately refunded based on the chosen payment method.
The Customer is not entitled to claim compensation or indemnification for any direct or indirect damages to persons and/or property resulting from the partial or total non-acceptance of an order.
3. Product Information
The information and characteristics relating to the Products are available, with the relevant Product codes, on the Site. The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the descriptive sheet. It is understood that the image of the Products themselves has the sole purpose of presentation for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
4. Prices and Shipping
The prices of the products include all taxes and fees. All product sales prices displayed and listed on the website https://www.illombricoinfinito.it/negozio/ are expressed in euros and constitute a public offer pursuant to Article 1336 of the Italian Civil Code.
Shipping within Italy:
Throughout Italy, the shipping cost is calculated based on the weight of the selected products, according to the courier’s pricing table. Therefore, the total amount varies depending on the purchase.
International Shipping:
For international shipments, please contact us via email or phone, as indicated in the Homepage section.
5. Payment Methods and Invoicing
5.1 Payment Methods
The Customer may pay for the Products and the related delivery costs using PayPal, Stripe, or bank transfer.
PayPal and Credit Cards
Once the order is confirmed, the Customer will be redirected to PayPal’s website, where they can complete the payment using their PayPal account or a credit or debit card, including prepaid cards (Visa / Visa Electron, Mastercard, American Express), or any other method accepted by PayPal, in compliance with PayPal’s terms and conditions. PayPal uses the SSL protocol to encrypt data transmitted between its server and the Customer’s browser.
Bank Transfer
The Customer must complete the bank transfer within 3 days from the order date for product-related purchases. If the transfer is not completed within this period, the order will be canceled, and the products will be made available for purchase by other Customers. If the Customer fails to make the transfer, they may be contacted by Customer Service to determine whether the payment failure was intentional or due to other reasons.
Bank Transfer Details:
Account Name: IL LOMBRICO INFINITO di Ruben Paolo Gemme
IBAN: IT18G0760110400001070374531
BIC/SWIFT: BPPIITRRXXX
CAB: 10400
Bank: Poste Italiane (Business Account)
Payment Reference:
The Customer must specify the order date and order number in the payment reference, as indicated in the confirmation email (e.g., “Order 01/06/20 No. 123456789”).
Promotional Code
If applicable, the Customer must enter the Promotional Code during the purchase process and click on “Apply Promotional Code.”
5.2 Order Invoicing
If the purchase is made by a business or professional, they can request an invoice by filling in the VAT Number / Tax Code field during the checkout process and providing the necessary billing details, including tax code and/or VAT number. In this case, the invoice will be sent via email to the address provided.
The professional is responsible for entering the billing information correctly and is expressly informed that if an invoice is not requested at the time of purchase, it cannot be requested later.
6. Transport and Delivery
The products purchased on the website will be delivered to the address provided by the Customer during the checkout process in the designated “Shipping Details” field. All purchases will be delivered via express courier (hereinafter referred to as the “Courier”) from Monday to Friday, excluding public holidays and national holidays. Il Lombrico Infinito is not responsible for unforeseeable or non-attributable delays.
Once the products are shipped, the Customer will receive a confirmation email containing a tracking link to monitor the shipment status. In any case, except for force majeure or unforeseeable circumstances, the ordered products will be delivered within 7 (seven) business days from the day following the confirmation of the order by Il Lombrico Infinito. Some specific products may require 15 days for preparation and shipping, which will be indicated in the product description.
Delivery Services Available in Italy:
Express Courier
The courier service includes one delivery attempt at the shipping address provided at checkout. If the recipient is absent at the time of delivery, a notice will be left. The Courier may also contact the Customer at the provided phone number to arrange a new delivery attempt. If the recipient is unavailable or unreachable, the package will be returned to the warehouse.
Delivery Services Available Abroad:
Express Courier
International shipments may be handled by different couriers depending on the destination country, ensuring the Customer gets the best available shipping rate.
7. Right of Withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without having to provide explanations and without incurring any penalties, except in the exclusion cases outlined in Section 7.4 below.
To exercise this right, the Customer must send a withdrawal request to Il Lombrico Infinito via email within 14 days from the date of product receipt. The Customer will receive a return form via email, which must be completed and sent back. If the withdrawal is requested before receiving the products, the communication can be sent at any time before the delivery.
The request must be sent via registered mail with acknowledgment of receipt (A/R) to:
Returns and Refunds Office
Azienda Agricola IL LOMBRICO INFINITO
Strada Lacello 18
ZIP Code: 15016
Cassine, Alessandria, Italy
VAT: 02600580068
Once the communication is received, the Customer Service of Il Lombrico Infinito will initiate the return process and provide the Customer with instructions on how to return the products. The return shipping will be handled by a courier selected by Il Lombrico Infinito, and the return shipping costs will be covered by Il Lombrico Infinito.
Conditions for Exercising the Right of Withdrawal
7.1 Scope of Application
The withdrawal applies to the entire purchased product; if a product consists of multiple parts or components, the right of withdrawal cannot be exercised on a single part of the product.
7.2 Refund Processing
If the right of withdrawal is exercised, Il Lombrico Infinito will refund the full price of the returned products, excluding shipping costs, within 14 days from the withdrawal request, and no later than 30 days from the same request. However, Il Lombrico Infinito reserves the right to withhold the refund until the returned goods are received.
The refund will be processed using the same payment method used by the Customer. If the payment was made by bank transfer, the Customer must provide their bank details (account holder’s name, bank name, and IBAN) for the refund.
7.3 Return Packaging
To ensure free returns, as specified in Section 8, the products must be returned in the same box they were received in.
7.4 Exclusions from the Right of Withdrawal
The right of withdrawal is not applicable in the following cases, according to Article 59 of Legislative Decree 21/2014:
Orders of products custom-made or personalized.
Orders of perishable goods or products with a short shelf life.
Orders of sealed products that cannot be returned for hygiene or health protection reasons and have been opened after delivery.
Orders of goods that have been inseparably mixed with other items after delivery.
Any other case specified by the Consumer Code, which is fully applicable here.
For perishable items, food products are considered non-returnable, as their quality may be altered due to improper storage. For hygiene and safety reasons, the right of withdrawal is only applicable to products that can be returned and resold without posing a risk to consumer health.
If the withdrawal is not applicable, Il Lombrico Infinito will return the products to the Customer and charge them for the shipping costs.
Once the withdrawal request is received, both parties will be released from their contractual obligations, except for the provisions outlined in this section.
The Customer must return the products to Il Lombrico Infinito or an authorized third party within 14 days from the withdrawal request. The return period is considered met if the goods are shipped back before the 14-day deadline.
The Customer is only responsible for any decrease in the product’s value resulting from handling beyond what is necessary to determine the product’s nature, characteristics, and function.
8. Free Returns for Right of Withdrawal
As a special benefit to the Customer, Il Lombrico Infinito fully covers the return shipping costs for products returned under the right of withdrawal.
To qualify for free return shipping, the Customer must follow the return procedure outlined in Section 7 and wait for Il Lombrico Infinito to arrange the return shipment via an authorized courier.
9. Warranty and Non-Conformity Issues
Non-Conformity of Products
In the event of non-conformity defects in the Products sold by Il Lombrico Infinito, the Customer must immediately contact Customer Service using the contact details available in the Home page section. The sale of Products is subject to the legal guarantees provided by Articles 129, 130, and 132 of the Consumer Code.
The Customer is entitled, at their choice and provided that the type of Product allows it, to the restoration of Product conformity free of charge through repair or replacement, or to an appropriate price reduction or contract termination. The Customer loses these rights if they do not report the non-conformity defect to Il Lombrico Infinito within one month from the date the defect was discovered, unless the Product is perishable or subject to expiry within a shorter period, in which case the defect must be reported within that shorter term.
Il Lombrico Infinito is responsible for any conformity defects that occur within 2 years from the date of product delivery.
10. Errors and Liability Limitations
The information regarding the Products provided on the Website is constantly updated. However, it is not possible to guarantee the complete absence of errors, and therefore, Il Lombrico Infinito shall not be held responsible for any errors, except in cases of willful misconduct or gross negligence.
Il Lombrico Infinito reserves the right to correct any errors, inaccuracies, or omissions even after an order has been placed, as well as to modify or update information at any time without prior notice, without prejudice to the Customer’s rights under these General Conditions and the Consumer Code.
Except in cases of willful misconduct or gross negligence, the Customer is not entitled to compensation for damages or indemnification, nor any contractual or extra-contractual liability for direct or indirect damages to persons and/or property caused by the non-acceptance or partial fulfillment of an order.
Il Lombrico Infinito promotes responsible alcohol consumption and excludes any liability, except in cases of willful misconduct or gross negligence, in the event of a purchase made by individuals under the age of 16. By purchasing any alcoholic product, you declare that you are of legal age as per Article 7 of Decree Law 158/2012. Il Lombrico Infinito assumes no responsibility if a purchase is made by a minor under 18 who has falsely declared their age.
Il Lombrico Infinito is not responsible for any fraudulent or illegal use by third parties of credit cards, checks, or other payment methods at the time of product payment, provided that all possible precautions have been taken in accordance with the best knowledge and practice at the time and with ordinary diligence.
11. Complaints
Any complaints must be submitted to Il Lombrico Infinito through the dedicated contact section available on the Website, via the Customer Support link, by email at info@illombricoinfinito.it, or by registered mail with return receipt to the following address:
Azienda Agricola Il Lombrico Infinito
Strada Lacello 18 – C.A.P. 15016 – Cassine, Alessandria
Il Lombrico Infinito commits to responding to all received requests within a maximum of 7 working days.
12. Grounds for Contract Termination
The obligations undertaken by the Customer under these General Conditions, including the guarantee of successful payment as per Article 5.1, as well as the exact fulfillment of the obligations assumed by Il Lombrico Infinito in Article 6, are considered essential. Therefore, by explicit agreement, failure to comply with even one of these obligations, unless due to unforeseen circumstances or force majeure, will result in the automatic termination of the contract as per Article 1456 of the Civil Code, without the need for judicial intervention.
13. Online Dispute Resolution for Consumers
All disputes arising from these General Conditions will be referred to the Chamber of Commerce of Alessandria (Italy) and resolved according to its adopted Conciliation Regulations.
Pursuant to Article 14 of Regulation 524/2013, users are informed that, in the event of a dispute, they may file a complaint via the European Union’s ODR platform at the following link: http://ec.europa.eu/consumers/odr/.
The ODR platform serves as an access point for users who wish to resolve disputes related to online sales or service contracts out of court.
14. Privacy Protection and Buyer Data Processing
14.1. Il Lombrico Infinito protects its customers’ privacy and ensures that data processing complies with the provisions of the privacy legislation set forth in Legislative Decree 196/2003.
14.2. Personal and tax data collected directly and/or through third parties by Il Lombrico Infinito, as the data controller, is processed in paper, electronic, and telematic form to register orders, activate the execution of this contract, fulfill legal obligations, and manage commercial relationships effectively, in accordance with Article 24, paragraph 1, letter b of Legislative Decree 196/2003.
14.3. Il Lombrico Infinito undertakes to keep customer data and information confidential, not disclosing it to unauthorized persons or using it for purposes other than those for which it was collected. Such data may only be disclosed upon request by judicial authorities or other legally authorized entities.
14.4. Personal data will be communicated, after signing a confidentiality agreement, only to those responsible for carrying out necessary activities for contract execution and only within that purpose.
14.5. The Buyer has the rights under Article 7 of Legislative Decree 196/2003, including the right to:
a) Update, correct, or integrate their data.
b) Request the deletion, transformation into anonymous form, or blocking of unlawfully processed data.
c) Obtain confirmation that the above operations have been made known to those to whom the data was communicated, unless impossible or disproportionate to the right being protected.
The Buyer also has the right to object, in whole or in part:
– For legitimate reasons, to the processing of personal data concerning them, even if relevant to the purpose of collection.
– To the processing of personal data for sending advertising material, direct sales, market research, or commercial communication.
14.6. The Buyer’s provision of personal data is necessary for the correct execution of this contract. Without it, the Buyer’s request cannot be fulfilled.
14.7. Acquired data will be retained no longer than necessary for the purposes for which it was collected or subsequently processed and will be securely deleted.
14.8. The data controller is Il Lombrico Infinito, to whom the Buyer may direct any requests at the company headquarters.
Buyer Obligations
15.1. The Buyer agrees to pay for the purchased goods within the times and methods specified in the contract.
15.2. The Buyer agrees to retain a copy of this contract after completing the online purchase process.
15.3. The Buyer acknowledges that they have read and accepted these terms before confirming the purchase.
16. Applicable Law and Jurisdiction
The sales contract between the Customer and Il Lombrico Infinito is considered concluded in Italy and governed by Italian law.
For disputes concerning the interpretation, execution, or termination of these General Conditions or individual purchase orders, if the Customer is a consumer under the Consumer Code, the jurisdiction is exclusively that of their place of residence or domicile in Italy.
In all other cases, the exclusive jurisdiction lies with the Court of Alessandria, with any other jurisdiction excluded.
17. Final Clause
These General Conditions replace and supersede any prior agreements, understandings, or negotiations, written or oral, between Il Lombrico Infinito and the Customer concerning the subject of these Conditions.
