General Terms and Conditions

The contractual partner is My Bio Farm GmbH Landsberger Str. 333e 80687 Munich represented by its brand Organic Farming Italy

1. introduction

These General Terms and Conditions apply to this website and to transactions in connection with 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 agreements conflict with provisions of these terms and conditions, the provisions of these supplementary agreements shall take precedence.

2. liability

By registering, accessing or otherwise using this website, you hereby agree to be bound by these terms and conditions set out 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 give your express consent.

3. electronic communication

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

4. intellectual property

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

4.1 All rights reserved

Unless specific content dictates otherwise, no license or other right under copyright, trademark, patent or other intellectual property rights is granted to you. 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 website in any way, 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 other persons 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 accept no responsibility for loss or damage of any kind resulting from your disclosure of personal data 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 activities that cause or may cause damage to the website or impair 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 the refund until we have received the goods back or you have provided proof that you have returned the goods, whichever is the 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 a non-disclosure agreement. By notifying us without such a 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 on the Site 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 must 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 which it would be unlawful to limit or exclude. 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 apply to the maximum extent permitted by law and do 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 additional 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 total to all your claims, actions and causes of action of any 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. You can find more information in our privacy policy and in our 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 disclose 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 null and 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 deal with the breach, including temporarily or permanently suspending your access to the Website and contacting your internet service provider to request that they block your access to the Website and/or take legal action against you.

16. force majeure

Except for the obligation to pay, any delay, default or omission by a party in the performance or observance of any of its obligations under this Agreement shall not be deemed a breach of these Terms and Conditions if and so long as such delay, default or omission is for a reason beyond the reasonable control of that 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 from such claims.

18. waiver

Failure to enforce any of the provisions 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 each and every provision.

19. language

These General Terms and Conditions shall be interpreted and construed exclusively in German, English, French and Italian. These are machine translations and errors in content cannot be ruled out. My BIO FARM is not liable for errors in the content of the translations.

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 in relation 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 become effective as soon as such changes are posted on this Website. Your continued use of this website following the posting of any changes or updates will be deemed to indicate your agreement to abide by and be bound by these Terms and Conditions.

22. choice of law and place of jurisdiction

These General Terms and Conditions are subject to the laws of Germany. The courts of Germany shall have jurisdiction over all disputes 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 remain unaffected.

23. contact information

This website is owned and operated by My Bio Farm GmbH Landsberger Str. 333e 80687 Munich represented by its brand Organic Farming Italy You can contact us regarding these Terms and Conditions via our Contact Us page.

24. download

You can also download our General Terms and Conditions as a PDF file.

Terms and conditions with customer information

1. scope of application 2. Offers and service descriptions 3. Ordering process and conclusion of contract 4. Prices and shipping costs 5. Delivery, availability of goods 6. Payment arrangements 7. Retention of title 8. Warranty and warranty for defects in the material 9. Liability 10. Storage of the text of the contract 11. Visits to the farms 12. final provisions (This is a non-legally binding translation of the Italian General Terms and Conditions. It may contain translation errors. Therefore, only the German version of this legal text is binding). Introduction: Organic Farming Italy is a brand of My Bio Farm GmbH, which represents a cooperative of organic farmers who grow, harvest and sell agricultural products using sustainable methods. But also farmers who have started the process of transferring from conventional farming to organic farming. These terms (together with the documents herein) set out the terms governing the use of the website (www.organicfarming-italy.com) and the purchase of products through the Website (hereinafter referred to as the “Terms”). You should carefully read these Terms, our Cookies Policy and our Privacy Policy (collectively, “Privacy Policy”) before using the Site or before purchasing a 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 will not be able to use this website. The products of the Organic Farming concept are regulated by special provisions. If you have any questions about the terms and conditions or the privacy policy, please feel free to contact us via our official communication channels. The Organic Farming Italy team has translated this contract into other languages, whereby the only legally valid version is the version in German. 1 Scope of application 1.1. For the business relationship between My Bio Farm GmbH, Landsberger Str. 333e, 80687 Munich, e-mail: info@organicfarming-italy.com, Tel. +39 338 597 3817 (hereinafter referred to as the “Seller”) and the customer (hereinafter referred to as the “Customer”), the following terms and conditions with customer information apply exclusively in the version valid at the time of the order. 1.2. You can contact our customer service for questions, complaints and complaints on weekdays from 9:00 a.m. to 6:00 p.m. on the phone number Tel. +39 338 597 3817 and by e-mail at info@organicfarming-italy.com. 1.3. For the purposes of these GtC, a consumer is any natural person who concludes a legal transaction for a purpose which cannot be attributed primarily to his commercial or independent professional activity (Section 13 of the German Civil Code). 1.4. Abweichende Bedingungen des Kunden werden nicht anerkannt, es sei denn, der Verkäufer stimmt ihrer Geltung ausdrücklich zu. 2. Angebote und Leistungsbeschreibungen Die Darstellung der Produkte im Online-Shop stellt kein rechtlich bindendes Angebot, sondern eine Aufforderung zur Abgabe einer Bestellung dar. Service descriptions in catalogues and on the Seller’s websites do not have the character of an assurance or warranty. All offers are valid “as long as the stock lasts” if nothing else is mentioned in the products. For the rest, errors are reserved. The sale of goods via this website is carried out either by the respective manufacturer of the goods (e.g. farms), whereby Organic Farming Italy acts as a distribution partner of the manufacturers in the name and on behalf of the manufacturers, or directly via Organic Farming Italy, a brand of My Bio Farm GmbH, https://www.organicfarming-italy.com. 3 Order process and conclusion of contract 3.1. The customer can select products from the seller’s assortment without obligation and collect them via the button [in den shopping cart] in a so-called shopping cart. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then use the button to complete the ordering process within the shopping [Weiter zur Check out] cart. 3.2. Via the [zahlungspflichtig bestellen] button, the customer submits a binding request for the purchase of the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time, return to the shopping cart using the browser function “back” or cancel the order process altogether. Necessary information is marked with an asterisk (*). 3.3. The seller then sends the customer an automatic acknowledgement of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out via the “Print” function (order confirmation). The automatic acknowledgement of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller has dispatched the ordered product to the customer within 2 days, handed it over or confirmed the shipment to the customer within 2 days with a second e-mail, explicit order confirmation or sending of the invoice. 3.4. Should the seller allow a prepayment, the contract with the provision of the bank details and payment request is concluded. If the payment has not been received by the seller until 10 calendar days after the order confirmation has been sent, the seller withdraws from the contract with the result that the order is void 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 for advance payments 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 goods5.1.1 Delivery of goods within the scope of sponsorships

Beim Abschluss einer Patenschaft im Shop https://www.organicfarming-italy.com/shop/ erwirbt der Käufer die Namensgebung des landwirtschaftlichen Artikels (z.B. Baum, Tier, Areal, etc.). Für den vereinbarten Zeitraum. Der Verkäufer ordnet dem adoptierten Artikel einen vom Käufer gewünschten Name zu (Schild, Plakette, etc.), wodurch der Käufer als Pate oder Patin dieses Artikels bezeichnet wird.

Mit der Zuordnung des Namens zu dem Artikel über die vereinbarte Laufzeit und die Lieferung von digitalen Bildern, einer Urkunde als PDF und eines digitalen Videos des adoptierten Produktes ist der Kaufvertrag seitens des Verkäufers erfüllt.

Die Lieferung der von dem adoptierten Artikels erzeugten Produkte (z.B. Olivenöl, Käse, Honig, etc.) ist nicht Bestandteil des Vertrages und erfolgt optional und freiwillig je nach Ausfall der Ernte.

5.1.2 If advance payment has been agreed, delivery shall be made after receipt of the invoice amount. Except in special circumstances that derive from the personalization of products or in the event of unforeseen or exceptional circumstances, we will send you the order with the product/products 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 on the website for this purpose in order to make the purchase. In accordance with these provisions, the “delivery” shall be deemed to have been completed or the order shall be deemed to have been “delivered” as soon as you or a third party determined by you comes into possession of the products, which can be proved by signing the order receipt to the agreed delivery address. Delivery times vary depending on the country and town/city you have specified in the delivery address. For guidance, 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, the 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 products from being harvested in good condition, transportation problems, etc.).This may result in a delay, which in no case constitutes grounds for a contractual penalty or any contractual or non-contractual liability. In addition, we reserve the right to cancel orders by you if there are reasons and circumstances that objectively prevent the preparation or dispatch of them within the reasonable period of time. We will inform you by e-mail about this inability. In this case, you have the right to have your order processed and shipped retrospectively and at no additional cost. We work with the logistics company that best suits the shipping of your order. The cooperating logistics companies are integrated into our system and adapt to our times for picking up fruit, vegetables and ordering. For this reason, we cannot accept any other companies with which you are contractually affiliated, including the same carriers mentioned. In addition, we reserve the right to change logistics companies at any time and without notice. At the time of delivery, you or the person receiving the order at the delivery address specified in the order should not sign the proof of delivery (POD) without checking in advance whether the boxes, pallets or packaging are sealed and that a box of the order is missing. In the event that boxes, pallets are missing or one has been opened, you must inform the carrier in detail and keep a copy of the proof in which the facts are noted. You must immediately notify us of this incident by e-mail to info@organicfarmin-italy.com and attach a photo of proof of non-conformity and proof of the order. The goods may not be opened or consumed as long as you are waiting for a written notification from Organic Farming Italy, which indicates the further process. If you receive the goods without any proof of non-conformity in the proof of delivery, we cannot accept your complaint. If you receive an order without obvious defects, but the products thereof are unsuitable for consumption for any reason, e.g. because they have hidden defects, please let us know the incident as soon as possible and always within 14 days of receiving the order via the email address info@organicfarming-italy.com. We also ask you to attach photos of the product to the email with an explanation for the reason for the complaint. 5.2. Should the delivery of the goods fail due to the fault of the buyer despite three attempts to deliver, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately. 5.3. All orders are subject to availability of agricultural products. If there are difficulties with the harvest, product delivery or if the harvest was completed before the processing of your order, so that the total yield of the harvest does not correspond to the expected quantities, we divide the total quantity of the harvest among the purchasers pro rata. Organic Farming Italy sells products that vary according to the year and season, the current offer of which you can consult 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 his supplier through no fault of his 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 the customer does not request delivery of a comparable product, the seller will immediately refund the customer for any consideration already provided. 5.4. Customers will be informed of delivery times and delivery restrictions (e.g. restrictions on deliveries to certain countries) on a separate information page or within the respective product description. 5.5. Reduced yield of the harvest. If the harvest of the respective farm turns out to be worse than calculated, the delivery will be reduced accordingly. There is no entitlement to delivery of the calculated harvest for the adoption of agricultural crops. 6 Payment modalities 6.1. The customer can choose from the available payment methods during and before the completion of the ordering process. Customers will be informed of 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 of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction. 6.3. If third parties are assigned to process payments, e.g. Paypal. their general terms and conditions apply. 6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case, the customer must pay the statutory interest on late payment. 6.5. The customer’s obligation to pay interest on late payment does not preclude the Seller from claiming further damages for delay. 6.6. The customer is only entitled to set-off if his counterclaims have been legally established or recognised 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 The delivered goods remain the property of the seller until full payment has been made. 8 Warranty for material defects and guarantee 8.1. The warranty is determined in accordance with legal regulations. 8.2. A guarantee exists for the goods delivered by the seller only if this has been expressly delivered. Customers will be informed of 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 conditions of claim. 9.2. The Seller shall be liable without limitation if 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 jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical of the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences. 9.4. The above limitations of liability do not apply in the event of injury to life, body and health, for a defect after taking over a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. 9.5. Soweit die Haftung des Verkäufers ausgeschlossen oder beschränkt ist, gilt dies auch für die persönliche Haftung von Arbeitnehmern, Vertretern und Erfüllungsgehilfen. 10. Speicherung des Vertragstextes 10.1. The customer can print out the contract text before placing the order to the seller by using the printing 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 the customer. With the order confirmation, but at the latest at the time of delivery of the goods, the customer also receives a copy of the GTC along with revocation instructions and the instructions on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your placed 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 public place. If you are the godfather of an Organic Farming tree, you can come by to visit it. Visits are only possible by prior appointment. Appointments can be determined via our contact form with the exact number of visitors. Persons who appear on the farm without the said date or without confirmation of this date by our team will be denied entry for safety reasons. The visit will take place under the supervision and supervision of an employee of Organic Farming Italy. For reasons of persity, it is not allowed to visit the plantation on foot. Organic Farming Italy reserves the right not to allow customers or third parties access to the plantation – by canceling an agreed appointment – if the staff of Organic Farming Italy 12. Final provisions 12.1. The place of jurisdiction and place of performance is 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 on Online Dispute Resolution (Os) for Consumers: http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board. Status: 01.10.2023