Termini e Condizioni

1. INTRODUCTION AND GENERAL TERMS
   The following sales conditions exclusively regulate the relationships between the company Opaco s.r.l., located in Cartigliano (VI), at Giuseppe Mazzini 88, 36050 C.F. and VAT 04158650244, hereinafter referred to as "supplier" and any person, hereinafter referred to as "customer", who makes online purchases on the h-farm.shop owned by the supplier.

2. OBJECT OF THE ONLINE CONTRACT AND ITS DEFINITION
   By online sales contract it is meant the distance contract, that is the legal transaction relating to movable goods and/or services concluded between a supplier, in this case the company Opaco s.r.l., and a consumer customer within the framework of a distance selling system organized by the supplier who, for this contract, exclusively employs the distance communication technology called "internet". All contracts, therefore, will be concluded directly through the customer's access to the internet site corresponding to the address h-farm.shop, where, following the indicated procedures, he will conclude the contract for the purchase of the goods. By consumer is meant the natural person who buys goods and services for purposes not directly referable to the professional activity possibly carried out. Here below are reported the sales conditions which will remain effective until changed by the supplier. Any changes to the sales conditions will be effective from the moment they are published on the h-farm.shop internet site and will refer to sales made from that moment on.

3. PRE-CONTRACTUAL INFORMATION
   The supplier undertakes to describe and depict the products put up for sale on the h-farm.shop site in the best possible way. Nevertheless, errors, inaccuracies or small differences between the good depicted on the site and the actual product may still occur.
   
   Before the conclusion of the purchase contract, the customer must take note of the characteristics and specifications of the good he intends to purchase which are described and depicted in the individual illustrated cards on the h-farm.shop site.
   
   Before confirming the order and making the subsequent payment, the customer declares to have taken note of:

• the price of the good he intends to purchase, with the specific shipping conditions,

• the payment methods,

• the expected delivery time for the goods,

• the conditions and the term for exercising the right to change the goods,

• the legal warranty of the good he intends to purchase,

• the competent court in case of dispute.

4. CONTRACT CONCLUSION METHODS
   The contract between supplier and customer is concluded exclusively through the internet network by accessing the h-farm.shop site where, following the indicated procedure, it will be possible to formalize the proposal for the purchase of the chosen goods.

5. CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
   The sales contract will be considered concluded only with the supplier's sending of an order confirmation e-mail to the customer containing the customer's data and the order, the price of the purchased goods and any additional charges debited, the payment methods and terms and the address where the goods will be delivered.
   In the absence of the above, the contract will not be considered concluded.

6. PRODUCT AVAILABILITY
   The customer can purchase the products indicated in the electronic catalog prepared on the h-farm.shop website and in the existing quantities in stock, as indicated by the supplier in its electronic catalog. If an order exceeds the quantities in stock, the computer system will accept the purchase limited to the available products and will inform the buyer via email whether or not the product will be available in the future and the expected time for the supply. In case of total or partial unavailability of the purchased goods (for example due to the sale of the same products to other customers before confirming the order due to the simultaneous presence on the site of multiple users or simultaneous orders), the order will be automatically corrected by eliminating the product or products that are no longer available and the customer will be immediately informed by sending an email containing information on the methods and timing of refund of any amounts paid.

7. PRICES
   All the sales prices of the products displayed on the h-farm.shop website, for which they constitute a public offer under art. 1336 c.c., are expressed in euros and include VAT, where applicable, and any other taxes; the cost of transportation and shipping is properly highlighted in the appropriate page on the site that the customer will be careful to view before confirming the purchase. The prices indicated next to each of the goods offered to the public are valid until the date indicated in the corresponding catalog. However, the customer accepts that the supplier may change the prices of the goods for sale at any time; however, the good purchased by the customer will be sold at the price indicated on the site at the time of the customer's order creation and indicated in the confirmation email sent by the supplier.

8. PAYMENT METHODS
   Every payment by the customer can only be made by means of one of the methods indicated on the h-farm.shop website. Any refund to the customer by the supplier will be made by means of one of the methods proposed by the supplier and chosen by the customer. All communications related to payments will take place on special protected lines.

9. DELIVERY TIMES AND METHODS
   The supplier will deliver the goods purchased by the customer by means of the method chosen by the customer or indicated on the h-farm.shop website at the time of the offer of the good and as specified in the confirmation email sent by the supplier.

10. LEGAL WARRANTY OF CONFORMITY
    In case of receipt of defective or non-conforming products, the customer is entitled to the restoration without expense of the product's conformity through repair or replacement of the good. The customer can exercise this right if the defect occurs within two years from the delivery of the good and provides notice of the defect within two months of discovery. In case of a defective or non-conforming product, the supplier will at its own expense organize the return of the compatible product with the availability of means of transport and the customer's availability and without causing significant inconvenience. If repair or replacement is not possible, the customer is entitled to a price reduction or termination of the contract. The above rights are without prejudice to any other right recognized by law.

11. LIMITATION OF LIABILITY
    The supplier shall not be liable for any inconvenience due to force majeure or fortuitous events in the case where it is unable to execute the order in the manner and within the times specified in the contract, even in case of malfunctions and/or failures of the internet network. The supplier shall not be responsible in relation to damages, losses and/or costs suffered by the customer as a result of the failure to perform the contract for causes not attributable to him, the customer having the right only to the full refund of the price paid and of the additional costs incurred such as shipping and transport expenses. The supplier shall not be liable for any fraudulent and/or unlawful use that may be made by third parties, of credit cards and other payment methods, for the payment of the goods purchased, provided it shows that all possible precautions based on the best science and experience of the moment and based on ordinary diligence have been taken.

12. RIGHT OF WITHDRAWAL
    The consumer who for any reason is not satisfied with the purchase made has the right to withdraw from the contract entered into, without any penalty and without specifying the reason, within the 14 working days from the day of receipt of the purchased goods. The withdrawal must be expressed within the aforementioned 14 working days by filling out a Return Form, which must be requested by contacting the customer service at the email info@opacoitalia.it, and subsequently obtaining the approval and authorization for the return from the Supplier. Upon obtaining authorization, the customer may proceed to return the material good using the courier preferred by the Supplier through the appropriate form. The consumer may not exercise this right of withdrawal on mandatory items purchased in the pre-order made before the start of the school year, as well as on products packaged to measure or clearly personalized or which, by their nature, cannot be returned or risk deteriorating or otherwise quickly. Within the 14-day deadline from the date on which the customer communicated to the supplier his decision to withdraw from the contract, he must return to the sender-supplier, at its operational headquarters in Cartigliano (VI) at Via Giuseppe Mazzini, 36050, all the goods purchased intact and in their original packaging, including packaging, any documentation and accessory equipment, without any lack. Return shipping expenses shall be borne by the supplier. Upon receipt of the goods, the supplier will arrange for the full amount paid by the consumer to be forwarded, excluding the initial shipping expenses, within 30 days in accordance with the procedures indicated in point 8).

13. COMMUNICATIONS AND CLAIMS
    All written communications addressed to the supplier and any claims shall be considered valid only if sent to the following address: Opaco srls, Via Giuseppe Mazzini, 36050 Cartigliano (VI), or sent by email to the following address: info@opacoitalia.it. The customer indicates in the purchase form his residence or domicile, telephone number and email address to which he wishes any communications to be sent.

14. APPLICABLE LAW AND JURISDICTION
    These general terms and conditions of sale shall be governed by Italian law. Any dispute that cannot be resolved amicably shall be subject to the jurisdiction of the court in Treviso.

15. CUSTOMER OBLIGATIONS
    The customer undertakes and is obligated, once the online purchase procedure has been completed, to print and store these general conditions, which they will have already viewed and accepted as a mandatory step in the purchase, as well as the specifications of the product being purchased.

16. INFORMATION PURSUANT TO ART. 13 EU REG. 679/2016 - PRIVACY CODE
    The customer is informed that EU Reg. 679/2016 provides for the protection of individuals with regard to the processing of personal data. According to this regulation, such processing will be based on the principles of fairness, legality and transparency, protecting their privacy and rights. Pursuant to the aforementioned articles 13 of EU Reg. 679/2016, the following information is provided to the customer:

1. the processing that the owner may carry out will be carried out through automated processes and/or collection of paper documentation and pursues the following purposes:

• establishment and management of the business/professional relationship and related organizational activities;
• provision of services/purchase of goods, the subject of the business/professional relationship established with the data processing owner;
• management of connected pre-contractual, contractual, administrative, accounting, tax and legal obligations.

1. The provision of data is mandatory and its failure to provide may result in the inability to establish the business/professional relationship; the processing is not based on the assumptions of Article 6, paragraph 1, letter f) EU Reg. 679/2016.

2. The customer's data will be processed by subjects specifically appointed by the data processing owner as data processing managers and/or by anyone acting under their authority and who has access to personal data; these subjects will process your data only if necessary in relation to the purpose of the provision and only within the scope of the tasks assigned to them by the data processing owner, committing themselves to processing only the data necessary for the performance of these tasks and to carry out only the operations necessary for their performance. Furthermore, the customer's data may be communicated to:

• external companies or professionals who carry out specific tasks on behalf of the data processing owner (by way of non-exhaustive example, data processing, assistance, consultancy, in administrative, accounting, tax, legal, regulatory, management/maintenance/implementation of company information systems, etc...) only if the communication of the customer's personal data is necessary;
• law firms and lawyers, for the possible protection of contractual rights;
• credit institutions, and if necessary, to financial, leasing, recovery, protection and credit assignment companies, for the management of economic transactions;
• central and peripheral state organs, public bodies and other institutes for legal obligations.

• The previously described data communications are, in some cases, connected to specific legal/contractual obligations or are necessary for the conclusion of the contractual relationship or are closely related to the normal business operation within the management of the established contractual relationship and are strictly necessary; therefore, failure to communicate may result in the inability to establish a contractual relationship. The data controller may transfer personal data to a third country or an international organization; in these cases, the data controller commits to processing only in the presence of appropriate guarantees. In compliance with the Provisions "Measures and precautions prescribed to the data processors using electronic means with regards to the assignment of system administrator functions - 27 November 2008" (G.U. no. 300 of December 24, 2008) and its subsequent modifications and integrations, the data processing data controller has appointed specific "System Administrators" who, within the scope of their duties, may access, indirectly or directly, services or systems that process or allow the processing of personal information. Data will not be disclosed to other third parties, unless the customer is asked in advance for his/her express consent. The customer's personal data will not be disclosed.

  1. Data will be stored for the necessary time to achieve the above-mentioned purposes and to comply with sector-specific regulatory obligations; the storage period will be determined by the duration of the commercial/professional relationship and the administrative, accounting, and tax obligations.
  2. The personal data provided will never be processed for the purpose of carrying out an automated decision-making process (i.e. profiling).
  3. In the event that the provided personal data must be processed for purposes other than those indicated above, the data controller will provide the customer with information regarding such different purposes and any further relevant information. The data controller, taking into account the state of the art and the implementation costs as well as the nature, scope, context, and purpose of the processing both when determining the means of processing and when processing itself (i.e. risk analysis - accountability), has implemented adequate technical and organizational measures aimed at effectively implementing the data protection principles and integrating necessary guarantees into the processing in order to meet the requirements of Reg. EU 679/2016 and protect the rights of the data subject. In this context, personal data will be processed for the purposes connected and/or instrumental to the established commercial/professional relationship, in accordance with the above-mentioned purposes to be pursued. Data processing will take place through means and tools suitable for ensuring security (Art. 24, 25, and 32 Reg. EU 679/2016) and will be performed through an automated process and through non-automated means (paper archives), to which all technical and organizational measures aimed at ensuring an adequate security level in accordance with the risk will be applied, in order to permanently ensure their confidentiality, integrity, availability, and resilience of the systems.

The customer is informed that, in accordance with the provisions of Article 4, point 11 and Article 6, paragraph 1, letter b) of EU Regulation 679/2016, the processing of personal data provided is necessary (and therefore lawful) for the execution of the commercial/professional relationship between the parties and that receipt of this information constitutes your consent through a positive and unambiguous action to the above mentioned treatments (Article 7 EU Regulation 679/2016). The data controller is: Opaco s.r.l.s, with headquarters at Via Giuseppe Mazzini, 88 – 36050, Cartigliano (VI), Tax ID - VAT number 04158650244, Tel: +39 0424 592031, Mail: info@opacoitalia.it. In accordance with Article 28 of EU Regulation 679/2016, the data controller may use third parties who process data on their behalf and are formally appointed as data processing managers. The complete and updated list of data processing managers will be provided by the data controller upon simple request, by sending a communication to the above-mentioned contacts. In accordance with Article 29 of EU Regulation 679/2016, the data controller may use anyone acting under their authority and/or the appointed data processing manager; such subjects will be properly instructed. The data controller informs, furthermore, that:

1. • the interested party has the right to request the data controller for access to their personal data and to rectify or delete them or limit the processing concerning them or to object to their processing as well as the right to data portability (Article 15, Article 16, Article 17, Article 18, Article 20 EU Regulation 679/2016); with the exercise of the right of access, the interested party has the right to obtain from the data controller confirmation that there is or is not a processing of personal data concerning them, while the exercise of the right to data portability allows the interested party to obtain from the data controller personal data in a structured, commonly used and readable format or the transfer of such data from the original data controller to another (cf. WP 242 of 13.12.2016);

• the interested party has the right, if the processing is based on Article 6, paragraph 1, letter a) or on Article 9, paragraph 2, letter a), to revoke the consent at any time without prejudice to the lawfulness of the processing based on the consent given before the revocation;

1. • 1. The interested party has the right to request the data controller for access to their personal data and to have them corrected, deleted, or their processing limited, as well as the right to object to their processing and the right to data portability (Art. 15, Art. 16, Art. 17, Art. 18, Art. 20 of the EU Reg. 679/2016); by exercising the right of access, the interested party has the right to obtain from the controller confirmation as to whether or not personal data concerning them is being processed, while the exercise of the right to data portability allows the interested party to obtain from the data processing controller their personal data in a structured, commonly used, and readable format, or the transfer of such data from the original data processing controller to another (cfr. WP 242 of 13.12.2016);

     2. The interested party has the right, in the event that the processing is based on Article 6, paragraph 1, letter a) or on Article 9, paragraph 2, letter a), to withdraw consent at any time without prejudicing the lawfulness of the processing based on the consent given before the withdrawal;

     3. The interested party has the right to submit a complaint to a supervisory authority;

     4. The interested party has the right to be informed, by the controller, who must provide this information without undue delay, of any personal data breach that is likely to result in a high risk to the rights and freedoms of individuals (Art. 34 of the EU Reg. 679/2016).

     The full text of the EU Reg. 679/2016 articles relating to your rights (articles from 15 to 23 inclusive) can be consulted at any time at the following link on the website of the Data Protection Authority: link or alternatively, will be provided by the controller upon simple request of the customer, by sending a communication to the previously indicated contacts.