Our general terms and conditions

1. introduction

These terms and conditions apply to this website and to transactions relating to our products and services. You may be bound by additional contracts relating to your relationship with us or to products or services you receive from us. If provisions of the Supplementary Contracts conflict with provisions of these Terms and Conditions, the provisions of these Supplementary Contracts shall prevail.

2. liability

By registering, accessing or otherwise using this website, you hereby agree to be bound by these Terms and Conditions set forth below. The mere use of this website implies knowledge and acceptance of these terms and conditions. In certain cases, we may also ask you to explicitly agree.

3. electronic communication

By using this website or communicating with us electronically, you agree and acknowledge that we may communicate with you electronically or send you email on our website and agree that all agreements, notices, disclosures and other communications that we send to you electronically comply with all legal requirements. Also includes, but is not limited to, the requirement that such notices be in writing.

4. intellectual property

We or our licensors own and control all copyrights and other intellectual property rights in the Site and the data, information and other resources displayed or accessible on the Site.

Except as otherwise provided in specific Content, you are not granted any license or other right under any copyright, trademark, patent or other intellectual property right. This means that you will not use, copy, reproduce, perform, display, distribute, embed in any electronic medium, modify, reverse engineer, decompile, transmit, download, transfer, monetize, sell, market, or commercialize any resources on this Site in any form without our prior written permission, except and only to the extent otherwise provided in the provisions of mandatory law (such as the right to quote).

5. newsletter

Notwithstanding the above, you may forward our newsletter in electronic form to others who may be interested in visiting our website.

6. property third party

Our website may contain hyperlinks or other references to websites of other parties. We do not monitor or review the content of other parties‘ websites linked to from this website. Products or services offered by other websites are subject to the terms and conditions of those third parties. We do not necessarily share or endorse any opinions or materials expressed on these websites.

We are not responsible for the privacy practices or the content of these websites. You assume all risks associated with the use of these websites and related third party services. We are not responsible for any loss or damage of any kind resulting from your disclosure of personal information to third parties.

7. responsible handling

By visiting our website, you agree to use it only for the purposes intended and permitted by these Terms, additional agreements with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute material consisting of (or linked to) malicious computer software. Use data collected on our website for direct marketing activities or conduct systematic or automated data collection activities on or related to our website.

Participation in any activity that causes or may cause damage to the Website or interfere with the performance, availability or accessibility of the Website is strictly prohibited.

8. registration

You can register for an account on our website. During this process, it might be necessary to select a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to disclose their passwords, account information, or secure access to our website or services to any other person. You may not allow any other person to use your account to access the Site, as you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.

After account cancellation, you cannot create a new account without our permission.

We may withhold a refund until we have received the goods back or you have provided proof that you have returned the goods, whichever is earliest.

9. idea submission

Do not submit any ideas, inventions, works of authorship, or other information that may be considered your own intellectual property that you wish to present to us unless we have previously signed an intellectual property agreement or non-disclosure agreement. If you so notify us without such written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media .

10. termination of use

We may, in our sole discretion, modify or discontinue, temporarily or permanently, access to the Site or any service thereon at any time. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance of your access to or use of the Site or any Content that you may have shared on the Site. You will not be entitled to any compensation or other payment even if certain features, settings and/or content that you contributed or relied upon are permanently lost. You may not circumvent or attempt to circumvent any access restriction measures on our website.

11. guarantees and liability

Nothing in this section shall limit or exclude any warranty implied by law, the limitation or exclusion of which would be unlawful. This Website and all Website Content are provided „as is“ and „as available“ and may contain inaccuracies or typographical errors. We expressly disclaim any express or implied warranties of any kind as to the availability, accuracy or completeness of the content. We do not guarantee that:

This website or our products or services meet your requirements.
This website will be uninterrupted, timely, secure or error-free;
The quality of any product or service you have purchased or received through this website meets your expectations.

Nothing on this website constitutes or is intended to constitute legal, financial or medical advice of any kind. If you need advice, you should consult an appropriate professional.

The following provisions of this Section shall apply to the maximum extent permitted by law and shall not limit or exclude our liability with respect to any matter that would be illegal or unlawful for us to limit or exclude our liability. In no event will we be liable for any direct or indirect damages (including damages for loss of profits or revenue, loss of or damage to data, software or database, or loss of or damage to property or data) suffered by you or any third party arising out of your access to or use of our website.

Except as otherwise expressly provided in any supplemental agreement, our maximum liability to you for any damages arising out of or related to the Site or any products and services marketed or sold through the Site, regardless of the form of legal action imposing liability ( whether in contract, equity, negligence, willful misconduct, tort or otherwise) will be limited to €100. This limitation applies in the aggregate to all of your claims, actions and causes of action of every kind and nature.

12. privacy

In order to access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that all information you provide will always be accurate, correct and current.

We take your personal information seriously and are committed to protecting your privacy. We will not use your email address for unsolicited emails. Any emails sent by us to you will only relate to the provision of agreed products or services.

We have developed a policy to address any privacy concerns. For more information, please see our Privacy Policy and Cookie Policy.

13. export restrictions / compliance with laws

Access to the Website from territories or countries where the content or purchase of products or services sold on the Website is illegal is prohibited. You may not use this website in violation of the export laws and regulations of Italy.

14. assignment

You may not assign, transfer or subcontract any of your rights and/or obligations under these Terms and Conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this section shall be void.

15. violations of these general terms and conditions

Notwithstanding our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to address the breach, including temporarily or permanently blocking your access to the Website and contacting your Internet service provider with a request to block your access to the Website and/or take legal action against you.

16. force majeure

Except for the obligation to pay, any delay, failure or omission by a party to perform or observe any of its obligations hereunder, shall not be deemed a breach of these Terms and Conditions if and so long as such delay, failure or omission is for any reason beyond the reasonable control of such party.

17. compensation

You agree to indemnify, defend and hold us harmless from and against any and all claims, liabilities, damages, losses and costs related to your violation of these Terms and Conditions and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses in connection with or arising out of such claims.

18. waiver

Failure to enforce any provision of these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be deemed a waiver of such provisions and shall not affect the validity of these Terms and Conditions or any such Agreement, or any part thereof, or the right thereafter to enforce any provision.

19. language

These Terms and Conditions shall be interpreted and construed exclusively in English, German and Italian. All communications and correspondence will be written exclusively in this language.

20. complete agreement

These Terms and Conditions, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Organic Farming Italy with respect to your use of this Website.

21. update of these general terms and conditions

We may update these Terms and Conditions from time to time. You are required to review these Terms and Conditions periodically for changes or updates. The date indicated at the beginning of these General Terms and Conditions is the latest revision date. Any changes to these Terms and Conditions will be effective as soon as such changes are posted on this Website. Your continued use of this Site following the posting of any changes or updates will be deemed to indicate your agreement to be bound by these Terms and Conditions.

22. choice of law and place of jurisdiction

These Terms and Conditions are governed by the laws of Italy. The courts of Italy shall have jurisdiction over all disputes arising in connection with these General Terms and Conditions. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible to effectuate the intent of these Terms and Conditions. The remaining provisions shall remain unaffected.

23. contact information

This website is owned and operated by My Bio Farm GmbH .

You may contact us regarding these Terms and Conditions through our Contact Us page.

24. download

You can also download our terms and conditions as a PDF file .

General terms and conditions with customer information

1. scope
2. offers and service descriptions
3. order process and conclusion of contract
4. prices and shipping costs
5. delivery, availability of goods
6. payment modalities
7. retention of title
8. warranty for material defects and guarantee
9. liability
10. storage of the contract text
11. visits to the farms
12. final provisions
Introduction:
Organic Farming Italy is an association of organic farmers who grow, harvest and sell agricultural products using sustainable methods. (This is a non-legal translation of the Italian General Terms and Conditions. It may contain translation errors. Therefore, only the Italian version of this legal text is binding).
These Terms (together with the documents referred to herein) set out the terms and conditions governing the use of the Website (www.organicfarming-italy.com) and the purchase of products through the Website (the „Terms“) by consumers. You should read these Terms, our Cookies Policy, and our Privacy Policy (collectively, the „Privacy Policy“) carefully before using the Site or purchasing any Product. By using this website, you agree to these terms and our privacy policy. If you do not agree to the Terms and Privacy Policy, you may not use this website. The products of the Organic Farming concept are regulated by special provisions. If you have any questions about the Terms or the Privacy Policy, please feel free to contact us through our official communication channels. The Organic Farming Italy team has translated this contract in other languages, the only legally valid version being the version in Italian.

1. scope

1.1. For the business relationship between Organic Farming Italy, Strada privata Daffieno, 18100 Imperia, Italia Email: info@organicfarming-italy.com, Tel. +39 334 777 5019 (hereinafter referred to as „Seller“) and the customer (hereinafter referred to as „Customer“) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and claims on weekdays from 9:00 am to 6:00 pm at Tel. +39 334 777 5019 and by e-mail at info@organicfarming-italy.com.
1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
1.4. Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.

2. offers and service descriptions

The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Descriptions of services in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
All offers are valid „while stocks last“ unless otherwise noted with the products. Apart from that, errors are excepted.
The sale of goods through this website is made by the respective manufacturer of the goods. Organic Farming Italy an Italian company with headquarters in Via privata Daffieno in Imperia, Italy. Telefono: +39 347 5976928, https://www.organicfarming-italy.com acts as a distributor of the manufacturers in the name and on behalf of the manufacturers. The contractual partner for each order is not Organic Farming Italy, but the respective manufacturer/supplier of the goods.

3. order process and conclusion of contract
3.1. The Customer can select products from the Seller’s assortment without obligation and collect them in a so-called shopping cart by clicking the button [in den Warenkorb]. Within the shopping cart the product selection can be changed, e.g. deleted. Subsequently, the customer can proceed to the completion of the order process within the shopping cart by clicking the button [Weiter zur Kasse].
3.2. By clicking the button [zahlungspflichtig bestellen] the customer makes a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser function „back“ to return to the shopping cart or cancel the ordering process altogether. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the „Print“ function (order confirmation). The automatic acknowledgement of receipt merely documents that the seller has received the customer’s order and does not constitute acceptance of the application. The purchase contract is concluded only when the seller has shipped the ordered product within 2 days to the customer, handed over or confirmed the shipment to the customer within 2 days with a second e-mail, express order confirmation or sending the invoice.
3.4. If the seller allows payment in advance, the contract is concluded with the provision of bank details and request for payment. If the payment is not received by the seller within 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the consequence that the order is invalid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article in case of advance payment is therefore made for a maximum of 10 calendar days.

4. prices and shipping costs
4.1. All prices stated on the Seller’s website are inclusive of the applicable statutory value added tax.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.

5. delivery, availability of goods
5.1. If payment in advance has been agreed, delivery will be made after receipt of the invoice amount.
Except in special circumstances derived from the personalization of products or in case of unforeseen or extraordinary circumstances, we will send you the order with the product(s) that appear in each order confirmation on the delivery date displayed on the website. The approximate delivery date of the products is selected by you in the calendar, which is displayed for this purpose on the website to make the purchase. Pursuant to these provisions, „delivery“ shall be deemed to be completed or the order shall be deemed to be „delivered“ as soon as you or a third party designated by you comes into possession of the Products, as evidenced by the signing of the receipt of the order to the agreed delivery address.
The delivery time varies depending on the country and town/city you have specified in the delivery address. For your orientation we have listed the delivery times for the following countries:
+ 10-14 delivery days for Italy and Germany
+ 10-21 delivery days for Austria, Belgium, France, Netherlands, Luxembourg, Monaco and Switzerland.
+ 10-21 delivery days for Denmark, Estonia, Finland, Hungary, Ireland, Latvia, Lithuania, Norway, Poland, Sweden and the United Kingdom.

The delivery times mentioned above may vary for reasons beyond our control (rain, dew, wind or other climatic conditions that prevent the harvesting of the products in good condition, transport problems, etc.), which may imply a delay that in no case constitutes a reason for penalty or requires any contractual or extra-contractual liability.
In addition, we reserve the right to cancel orders by you if reasons and circumstances exist that objectively prevent the preparation or shipment of the same within the reasonable time. We will inform you about this inability via e-mail. In said case, you have the right to have your order processed and shipped subsequently and at no additional cost.

For this purpose, we work with the logistics company that most closely matches the shipment of your order. The cooperating logistics companies are integrated into our system and adapt to our times for the collection of fruit, vegetables and order processing. For this reason, we cannot accept other companies with which you are contracted, including the same transport companies already mentioned. In addition, we reserve the right to change the logistics companies at any time and without notice.

At the time of delivery, you or the person accepting the order at the delivery address specified in the order should not sign the Proof of Delivery („POD“) without first verifying that the boxes, pallets or packaging are sealed and that no box is missing from the order. In the event that boxes, pallets are missing or one has been opened, you must notify the carrier in detail and keep a copy of the proof in which the facts are noted. You must notify us of this incident immediately by email to info@organicfarmin-italy.com and attach a photo of the proof of non-conformity and proof of order. The goods must not be opened or consumed while you are waiting for a written notification from Organic Farming Italy indicating the further procedure.
If you take delivery of the goods without noting a proof of non-conformity in the Proof of Delivery, we cannot accept your claim.
If you should receive an order without obvious defects, but the products of the same are unsuitable for consumption for any reason, for example, because they have hidden defects, notify us of the incident as soon as possible and always within 14 days after receipt of the order via the e-mail address info@organicfarming-italy.com. We also ask them to attach photos of the product with an explanation for the reason of the complaint to the email.

5.2. If the delivery of the goods fails through the fault of the buyer despite three attempts at delivery, the seller may withdraw from the contract. Any payments made will be refunded to the customer without delay.

5.3. All orders are subject to availability of agricultural products. In case of any difficulties regarding the harvest, product delivery or if the harvest was finished before processing your order, thus the total yield of the harvest does not correspond to the expected quantities, we will divide the total amount of the harvest among the orderers proportionally. Organic Farming Italy sells products that vary according to the year and the season, and you can see their current offer on the Organic Farming Italy website.

We reserve the right to change the offer at any time and without notice. If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not want a comparable product to be delivered, the seller will immediately refund to the customer any consideration already paid.

5.4. Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

5.5. Reduced yield of the crop. If the harvest of the respective farm is worse than calculated, the delivery will be reduced accordingly. There is no entitlement to delivery of the calculated crop in the case of agricultural crop adoptions.

6. payment modalities
6.1. The customer can choose from the available payment methods within the framework and before completion of the ordering process. Customers are informed about the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other methods of payment, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned with the payment processing, e.g. Paypal. their general terms and conditions apply.
6.4. If the due date of payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the statutory interest on arrears.
6.5. The customer’s obligation to pay interest on arrears does not preclude the seller from claiming further damages caused by the delay.
6.6. The customer shall only be entitled to set-off if his counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.

7. retention of title
Until full payment, the delivered goods remain the property of the seller.

8. warranty for material defects and guarantee
8.1. The warranty is determined according to legal regulations.
8.2. A guarantee exists for the goods delivered by the seller only if it has been expressly given. Customers are informed about the warranty conditions before initiating the order process.

9. liability
9.1. The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to the other statutory prerequisites for claims.
9.2. The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

10. storage of the contract text
10.1. The customer can print the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If you have registered in our store, you can view your orders in your profile area. In addition, we store the text of the contract, but do not make it accessible on the Internet.

11. visits to the farms
11.1. Our plantation is not a place open to the public. If you are a sponsor of an Organic Farming tree, you can stop by to visit. Visits are possible only by appointment. Appointments can be made via our contact form, indicating the exact number of visitors. Persons who arrive at the farm without the said appointment or without confirmation of this appointment by our team will be denied entry for security reasons. The visit will take place under supervision and accompanied by a staff member of Organic Farming Italy. For safety reasons, it is not allowed to visit the plantation on foot.
Organic Farming Italy reserves the right not to allow customers or third parties to enter the plantation – by canceling an agreed appointment – if Organic Farming Italy’s personnel

12. final provisions
12.1. The place of jurisdiction and performance shall be the registered office of the Seller if the Customer is a merchant, a legal entity under public law or a special fund under public law.
12.2. Contract language is Italian.
12.3. European Commission platform for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

Status: 01.01.2023