Carolina Villani Estate (Harvest 2016/2017)

Effective Date: July 1 2015

The Especially Puglia Company (hereinafter “Especially Puglia,” “we,” “us,” or “Company”) provides the  website www.Especially Puglia.com (the “Website”), our computing applications and the data,  information, tools, updates and similar materials delivered or provided by Especially Puglia  (the “Services”), and all goods sold there-through (the “Goods”) to you (“You”) subject to your acceptance with the following terms and conditions of use (these  “Terms of Use”) set forth in this Terms and Conditions of Service Agreement (the  “Agreement”). This Agreement sets forth the legally binding terms and conditions governing your use and purchase of the Goods and Services. By using the Services, purchasing any Goods or otherwise entering into this Agreement, You agree to be bound by these Terms of Use without limitation or qualification. If You do not agree to these Terms of Use, You must not use the Services or access the Website.

Especially Puglia may, at any time, without notice or liability, revise these Terms of Use by updating this posting. You should revisit this posting periodically to review any revisions to these Terms of Use. If You continue to access or use the Services or purchase Goods after any revisions are posted You will be deemed to have accepted those revisions. If any revision is not acceptable to You, You must cease accessing and using the Services.

You may access and use the Services and purchase Goods only in accordance with all applicable laws and regulations and with these Terms of Use and all incorporated documents. Subject to these Terms of Use, Especially Puglia grants You a limited, non-assignable, non-transferable, non-sublicensable, non-exclusive, revocable licence to use the Services and to access the Website and the materials thereon, and to reproduce the Services and their contents on your own computing device, solely for your own personal and non-commercial use. No rights not explicitly listed are granted.

Privacy Policy

Registration data and other information about You are subject to our Privacy Policy.

Eligibility

You must be at least thirteen (13) years old to use the Services. By using the Services, you represent that you meet this minimum age requirement.

Terms of Sale

Sales Territory 

Especially Puglia currently only sells and ships products within United States. Shipping charges for Goods purchased will be presented at checkout. Any applicable sales taxes may be added to your order, depending on your location of shipment and the sales tax rate in effect at the date of purchase. To the extent applicable, you are responsible for all foreign taxes and duties on your shipment.

Billing and Payments

Contingent upon availability or other cause for declining your purchase order, your credit card account or other payment method (“Payment Method”) may be charged upon submission of any order or at shipment, regardless of the content of such order. For gifts of subscription packages, your credit card account or other payment method will be charged at the time You place your initial order for the entire amount. Especially Puglia may decline an order, for any or for no reason, and subject to a refund, may cancel an accepted order at any time.

Returns and Exchanges

Due to the nature of working with farmers and artisans, all of our products are varied and unique. All sales are final — but, if something arrives broken or you are otherwise not 100% satisfied, please contact us at sales@especiallypuglia.com and we’ll do our best to make things right. As Especially Puglia sells food products, the Company does not offer any returns, exchanges or refunds. If your order is damaged, we may issue a full replacement of damaged goods at no additional cost to you provided you contact us at sales@especiallypuglia.com with photographs of the damaged goods received. If you are unhappy with a product you purchased on Especially Puglia, please contact us at sales@especiallypuglia.com.

Shipment of Products

All Adopt and Olive Tree and FarmShare boxes are shipped via USPS, UPS or FedEx Ground. Shipping costs are included within the cost of each box. You’ll receive an email notification once your order has shipped! You are responsible for arranging for an individual to be present at the time of delivery and for the products to be properly received and secured.  Especially Puglia recommends that all items be secured immediately upon delivery. Any individual at the delivery address who accepts delivery is conclusively presumed to be authorized to receive the delivery. Especially Puglia is not responsible should such an individual not be authorized to accept such delivery. You agree that your sole method of recourse for unauthorized delivery resides with the carrier of your order. Especially Puglia is not responsible should You enter any incorrect or inaccurate destination data in your order.

In the US, shipping generally takes 2-7 business days with USPS. We currently don`t ship outside of the US but please reach out to us at sales@especiallypuglia.com we will do our best to accommodate (shipping may take longer due to border and customs regulations.) Especially Puglia reserves the right to ship partial orders at no additional cost to you.

User Conduct

You are given permission to access and use the Services and purchase Goods on the condition that You comply fully with the Terms of Use of this Agreement and only in accordance with all applicable laws and regulations. You agree that you are solely responsible for your full compliance with all laws, rules and regulations in your jurisdiction regarding the Services and any Goods purchased through the Services.

Especially Puglia makes no representation or warranty regarding the legality of purchasing any of the Goods available through the Services in your jurisdiction. You agree that You are solely responsible for all of the conduct engaged in through your account, including all charges incurred by your account, whether or not You performed or authorized them.

You agree that You are not licensed to access any portion of the Services not available to the public. You shall not modify, adapt, copy, reverse engineer, translate, or decompile any portion of the Services without the express consent of Especially Puglia. You agree that You will not make any attempt to override or breach any security or authentication measures in place on the Services, including by testing the vulnerability of a system or network, or interfere with or disrupt the operation of the Services in any manner whatsoever. You agree that You will not collect data or other contact information of any other users of the Services, or collect information or content from the Services using an automated means. You agree that You will not submit or make available false, incomplete or misleading information to Especially Puglia. Especially Puglia reserves the right to deny access to the Services without prior notice if You engage in any conduct or activities that we determine, in our sole discretion, to be a violation of any portion of this Agreement, our rights or any third party rights.

User Generated Content and User Submissions

You are under no obligation to submit any content of any kind to Especially Puglia, including ideas, suggestions, comments, information, proposals, documents, notes, text, plans, graphics, drawings, audio, video, software, or other similar materials (“Content”).

However, by submitting or by making available Content to Especially Puglia, You represent and warrant that: (a) You are the sole author and owner of the intellectual property and other rights thereto, and that the submission of the content is not a violation of any third party’s rights; (b) all Content that you submit is accurate and is not false or misleading; (c) the Content does not violate any law, statute, ordinance or regulation; (d) You are at least 13 years old; (e) Especially Puglia is not under any confidentiality obligation related to the submission of Content; (f) You voluntarily waive any entitlement to compensation or attribution from Especially Puglia in exchange for the submission; and (g) Especially Puglia shall be entitled to use or disclose the Content or Submissions in any way at its own sole discretion.

You acknowledge that any Content that You submit, post or otherwise make available to Especially Puglia grants Especially Puglia a worldwide, perpetual, irrevocable, royalty-free, sub-licensable, transferrable, non-exclusive right and license to use, reproduce, modify, copy, distribute, translate, publish, publicly display, publicly perform, and create derivative works from any such Content in any form, medium or technology without compensation to You. This license will survive the termination of the Agreement. We reserve the right to withhold, remove and or discard any such Content at any time.

Intellectual Property Rights

All of the Services provided on the Website, and all content thereon, including layout, design, organization, text, graphics, video, audio, images, logos, button icons, scripts, and service names, the selection and arrangement thereof, and all software used to provide the Services, including enhancements, updates, upgrades, corrections and modifications to the software, are the sole and exclusive property of Especially Puglia and/or its licensors and are protected by U.S. and international copyright law. All names of products and services, trademarks, service marks, custom graphics, and button icons are the property of Especially Puglia or their respective owners, as indicated, and may not be used in connection with any product or service that is not offered by Especially Puglia in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Especially Puglia. This Agreement does not convey title or ownership to You, but provides only limited rights set forth herein. All rights reserved.

Data Collection

Especially Puglia’s Privacy Policy shall govern the collection and use of data obtained through your use of the Services.

Termination

This Agreement may be modified or terminated by Especially Puglia without notice at any time and for any reason. Especially Puglia reserves the right to deny all or some portion of the Services to any user at any time, at our sole discretion. The provisions in this Agreement relating to Intellectual Property, Disclaimers, Limitation of Liability, Indemnification and Miscellaneous, and all grants of any rights from You to Especially Puglia relating to Content or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement and your use of the Services.

Third Party Content

The Services may contain links to third party content, which is for informational purposes only. Especially Puglia does not endorse such websites or services through the provision of such a link and is not responsible in any way for the accuracy, relevancy, completeness, timeliness or legality of any third party content accessible through the Services. The Services may also contain information, including articles, graphics, images, text, video, audio, data and other similar materials originating from third-parties. Especially Puglia does not endorse any third party content that may appear on the Services, even if such content was altered, collected, summarized or reformatted by Especially Puglia.

DISCLAIMERS AND LIMITATION OF LIABILITY

DISCLAIMERS EXCEPT WHERE NOT PERMITTED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT ESPECIALLY PUGLIA IS PROVIDING THE SERVICES AND ANY GOODS SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE DO NOT REPRESENT OR WARRANT THAT AVAILABILITY OF THE GOODS OR ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; AND THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICES AND SERVERS THAT MAKES THE SERVICES AVAILABLE ARE FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL INFORMATION OR COMPONENTS. WE DO NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE SERVICES, OR ITS FEATURES, AT ALL TIMES. USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

ESPECIALLY PUGLIA RESERVES THE RIGHT TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SERVICES, OR ANY PART THEREOF, WITH OR WITHOUT

NOTICE. PRICE AND AVAILABILITY OF GOODS ARE SUBJECT TO CHANGE WITHOUT NOTICE.

ESPECIALLY PUGLIA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THE WEBSITE, INCLUDING PRICE INFORMATION, IS ACCURATE, COMPLETE OR CURRENT. WE RESERVE THE RIGHT TO CORRECT ANY SUCH ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION, INCLUDING PRICE INFORMATION, AT ANY TIME WITHOUT PRIOR NOTICE, EVEN AFTER YOU HAVE PLACED AN ORDER. ESPECIALLY PUGLIA MAKES NO WARRANTY, AND CANNOT GUARANTEE, THAT ANY DESCRIPTION OF THE GOODS THAT APPEAR ON THE SERVICES FULLY COMPORTS WITH ITS DESCRIPTION OR DEPICTION.

LIMITATION OF LIABILITY

ESPECIALLY PUGLIA, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS, WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ACCESS TO OR THE USE OF SERVICES OR ANY GOODS SOLD OR PROVIDED BY ESPECIALLY PUGLIA. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DIRECT, INDRECT, INCIDENTIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES OR ANY GOODS SOLD OR PROVIDED BY ESPECIALLY PUGLIA, EVEN IF ESPECIALLY PUGLIA OR RELATED PARTIES HAVE BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, You agree that neither Especially Puglia nor any of its subsidiaries, affiliated companies, employees, members, shareholders, officers or directors shall be liable for: (a) any damages in excess of $500.00 or (b) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Services or any goods sold or provided by Mouth. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Especially Puglia and its suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, employees, agents, shareholders and members from all claims, demands, losses, liabilities, expenses, costs, and damages of every kind and nature, known or unknown, including reasonable attorney’s fees, expert witness fees, and costs of litigation, resulting from: (a) any violation of any terms of this Agreement (b) Content You submit, post to or transmit through the Services (c) any activity related to use of the Services (including negligent or wrongful conduct) by You or any other person accessing the Services using your Internet account, and (d) your violation or any law or the rights of a third party, including, but not limited to, any intellectual property right, property or privacy right, which is caused by, or facilitated in any way through the use of the Services. This indemnification obligation will survive the termination of these Terms of Use and your use of the Services.

Miscellaneous

Governing Law The Services are created and controlled by Especially Puglia in the State of New York, U.S.A. As such, the laws of the State of New York shall govern this agreement, without giving effect to any principles of conflicts of laws. Especially Puglia reserves the right to make changes to the Services and this Agreement at any time. You agree that any dispute arising out of, or relating to the Services, or to Especially Puglia, may be brought by you in a state or federal court located in New York City, New York. YOU HEREBY WAIVE ANY

OBJECTION TO THIS VENUE AND AGREE TO THE EXCLUSIVE JURISDICTION AND VENUE IN NEW YORK CITY.

To the extent permitted by law, any claim or cause of action that You may have arising out of or related to the Goods or Services must commence within one (1) year after the claim or cause of action arises or will be permanently barred.

Remedies

You agree that Especially Puglia would be irreparably damaged if the terms of this Agreement were not specifically enforced. You therefore agree that Especially Puglia shall be entitled, without bond, other security, or proof of damages, to appropriate remedies available to us under law, including equitable remedies, with respect to any breaches of this Agreement.

Entire Agreement

This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between You and Especially Puglia with respect to the Goods and Services provided by Especially Puglia, and supersedes all other communication, whether electronic, oral or written.

Severability

If any provision of this Agreement is deemed to be invalid, unlawful, void or unenforceable for any reason, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision of this Agreement, which shall remain in full force and effect.

No Waiver

Especially Puglia’s failure to insist upon or enforce strict performance of any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. Any express waiver by Especially Puglia of any condition, provision or requirement of this Agreement shall in no way constitute a waiver of any future obligation to comply with such condition, provision or requirement.

Assignment

Especially Puglia may assign its rights and duties under this Agreement, in whole or in part, to any person or entity at any time, with or without your consent, and with or without notice to You. You may not assign the Agreement, in whole or in part, without Especially Puglia’s prior written consent, and any unauthorized assignment by You shall be null and void.

Children

The Services provided by Especially Puglia are not directed at children under the age of 13. Should Especially Puglia discover that an individual under the age of 13 has provided personally identifiable information to us, we will make efforts to delete such information as required under the Children’s Online Privacy Protection Act.

Selling goods and services online

The Personal Data collected are used to provide the User with services or to sell goods, including payment and possible delivery.

The Personal Data collected to complete the payment may include the credit card, the bank account used for the transfer, or any other means of payment envisaged. The kind of Data collected by this Application depends on the payment system used.

Contact information

Data owner

Especially Puglia LLC., michele@EspeciallyPuglia.com

Privacy Policy

Especially Puglia LLC (“Especially Puglia”, “we” or “us”), the operator of this web site, is committed to preserving the privacy of those who visit www.especiallypuglia.com site (the “Site”). This document will outline how we gather and utilize various sources of information obtained during your visit to the Site. This Privacy Policy applies solely to information collected at this Site, and is made a part of and incorporated into the Terms and Conditions.

This Privacy Policy communicates how, when, and why we gather information about our customers and what we do with it.

This privacy policy does not apply to other websites to which we link. You agree that your use of the site signifies your assent to this privacy policy. If you do not agree with this privacy policy, you are not authorized to use this site.

Information Collected

If you subscribe to Especially Puglia and/or place an order through Especiallypuglia.com, we will ask you for your name, e-mail address, shipping address, telephone number and credit card information or certain other personally identifiable information about yourself (“Personal Information”). We use this information to process and fulfill your order and to notify you of your order status. All archived credit card information is maintained in a secure and safe environment. Telephone numbers and e-mail addresses are used to contact you regarding your order. In addition, when you respond to a contest, survey, questionnaire, sweepstakes or other promotional feature, we may ask you for your name, address and email address or other Personal Information. We do not collect any Personal Information about you unless it is voluntarily provided by you. Especially Puglia will never sell, rent or share your Personal Information, including your e-mail address, with any third parties for marketing purposes without your express permission.

In addition, we may also collect non-personally identifiable information, such as IP host address, pages viewed, browser type, duration and frequency of visits, and other data, and may aggregate any information collected in a manner which does not identify any individual (“Aggregate Information”). Information obtained in connection with the Site may be intermingled with and used by us in conjunction with information obtained through sources other than the Site, including both offline and online sources.

How We Use Your Information

We will not share or disclose your information to anyone except as described in this Privacy Policy. We use Personal Information in order to give you a more enjoyable convenient shopping experience and to help us identify and/or provide information, products or services that may be of interest to you. We use your Personal Information to support and enhance your use of the Site and its features, including without limitation: fulfilling your order; providing customer service; tracking email invitations you send; and otherwise supporting your use of the Site. We may also track your past purchases to provide you with a personalized profile of your shopping history. In addition, we may notify you about new services or special promotional programs, or send you offers or information. In connection with their performance of services to maintain and operate the Site and certain features on the Site, certain trusted third parties may be permitted to access your information. For example, we may use third parties to host the Site; operate various features available on the Site; send emails; analyze data; provide search results and links and assist in fulfilling your orders. Unless you specifically consent to the disclosure of your Personal Information, aside from us, only our affiliates, technical consultants, third party auditors and other third parties who make our Site available, enhance its functionality, assist with the processing of your purchases, or provide associated services and/or who deal with you in delivering content, samples, products, gifts and prizes, have access to this information, and we require them to agree that they are covered by this policy.

Please note that Especially Puglia reserves the right to and may disclose Personal Information about you in response to (a) requests from local, state or federal law enforcement officials; (b) any judicial, administrative or similar proceeding or order, such as subpoena; (c) if required by law; or (d) to investigate suspected fraud, harassment, physical threats, or other violations of any law, rule or regulation, the Site rules or policies, or the rights of third parties or to investigate any suspected conduct which we deem improper. Please also note that we do reserve the right to transfer your Personal Information and other information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control. In such a circumstance the Transferee would be bound by the terms of this Privacy Policy. We use non-personally identifiable information in the aggregate, so that we can improve the Site and for business and administrative purposes. We may also use or share with third parties for any purpose aggregated data that contains no personally identifiable information.

If you submit your email address to be added to a mailing list or sweepstakes or other promotion, we will use the email address for the sole purpose of sending you announcements, special offers from Especially Puglia and its promotional partners along with site updates. Each email we send will contain information on how to unsubscribe from our mailing list.

If you elect to use our referral services for informing a friend about our site, we ask you for the friend’s name and email address. Especially Puglia will automatically send the friend a one-time email inviting them to visit the site. Especially Puglia stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. The friend may contact Especially Puglia at to request the removal of this information from our database.

Use of Cookies

Our Site may pass a “cookie” (a string of information that is sent by a web site to be resident on your system’s hard drive, and/or temporarily in your computer’s memory blocks). The purpose of a cookie is to tell the web server that you have returned to a particular page. The Site may use cookies in on-line catalogs to keep track of your status and contents of your shopping cart, or to retain information gathered in cookies to allow you access to password-protected areas of the Site . You may set your browser to decline cookies. If you do so, however, you may not be able to fully experience some interactive features of the Site.

How We Protect Your Information

We are committed to protecting the information we receive from you. However, Especially Puglia will not be liable for disclosures of your Personal Information due to errors in transmission or unauthorized acts of third parties. We have undertaken all commercially reasonable efforts to prevent unauthorized Internet access to visitor data retained in our servers, however, due to the inherent open nature of the Internet, Especially Puglia cannot ensure or warrant the security of any information you transmit to us or any information provided online, and you do so at your own risk. Users must accept all risks associated with any data transmission, including the risk that their Personal Information may be intercepted in transit.

The Site encrypts your credit card number and other Personal Information using secure socket layer (SSL) technology to provide for the secure transmission of the information from your PC to our servers. In addition, only those employees and third parties who need access to you information in order to perform their duties are allowed such access.

Accessing and Updating Your Personal Information and Preferences

If you are a registered user, you may access and update your registration information and your preferences to receive email or other communications from us by sending an email sales@especiallypuglia.com.

We will take commercially reasonable steps to implement your opt-out requests promptly, but you may still receive communications from us for up to ten business days as we process your request.

While we make efforts to accommodate requests to restrict our use of your information, we reserve the right to delete all or any portion of customer information if we are not able to reasonably accommodate a requested restriction.

Enforcement and Dispute Resolution

Especially Puglia uses a self-assessment approach to assure compliance with this privacy policy and periodically verifies that the policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented and accessible. We encourage interested persons to raise any concerns using the contact information provided and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of Personal Information.

Children’s Privacy and Parental Controls

This Site is not intended for persons under the age of 13, and we have no intention of collecting or soliciting Personal Information from persons under the age of 13. If you are not 13 or older, you are not authorized to use the Site. Parents should be aware that there are parental control tools available online that you can use to prevent your children from submitting information online without parental permission or from accessing material that is harmful to minors. If a child under age 13 has provided us with Personal Information, we will use all reasonable efforts to delete such information from our database.

Links To Third Party Sites

Our Site may contain links to other web sites, including our affiliated or co-branded web sites. Other web sites may also reference or link to our Site. These “other” domains (web sites) are not controlled by Especially Puglia. We encourage our users to be aware when they leave our Site to read the privacy policies of each and every web site that collects personally identifiable information. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other web sites. Visiting these other web sites is at your own risk.

Site Terms and Conditions

Use of this Site is governed by, and subject to, the legal notices contained in our Terms and Conditions. Your use, or access, of the Site constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.

Privacy Policy Changes

We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. If we decide to change our Privacy Policy for the Site, we will post the revised Privacy Policy here so that you will always know what information we gather, how we might use that information and whether we may disclose it to anyone. Your continued use of the Site indicates your assent to the Privacy Policy as posted. Please check this page periodically for changes to this Privacy Policy.

If you have any questions about the especiallypuglia.com Privacy Policy please contact us at: info@especiallypuglia.com

United States of America

Our Site is maintained in the United States of America. By using the Site, you authorize the export of Personal Information to the USA and its storage and use as specified in this policy.

Effective Date: This Privacy Policy is effective and was last updated on June 25, 2015.