Sales conditions - Testudoalbino

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Sales conditions
1. Testudoalbino breeding centre breeds and sells only Mediterranean Testudo specimens and their descendants. In Europe, except for horsfieldii Testudo sp., all the Testudos are included in the Annex A of the UE Regulation, which constitutes the highest degree of protection, analogous to Appendix I of the worldwide CITES. This implies that any application for certification is subject to a permanent and unequivocal marking performed by inserting a micro transponder that allows the animal’s tracking any time.
Given the above, we sell only animal in perfect health conditions equipped with regular CITES documents on place with permanent marking by microchips. Within the European community the animals are sold equipped with CITES document, valid throughout the EU territory; outside  EU  animals  come with international CITES document, valid in any country around the world adhering to CITES.
2. Testudoalbino ensures the highest degree of professional integrity and technical competences as well as efficient after-sale advice and support to help the Purchaser to breed the animal at best. Any given year, we perform random tests against main tortoises disease in pens including animals whether intended for sale sale or not, whose results are freely available in a special section of the site.
3. The animals price does not include the transport which will be agreed separately. Animals may be dispatched only via certified IATA air carrier. Shipping costs, including packaging complying with IATA rules, which is both intermediary and vector, are to be added to the cost of the animals and shall be calculated from time to time depending on the chosen destination. Other licensed transport services are not currently available due their excessive cost. In all other cases, animal pick-up can be carried out exclusively on place or in some Italian and European fairs at no additional costs.
4.1. The reservation of the animals is accepted only against an initial payment, representing 30% of the purchase price agreed. In the event of withdrawal due to causes not attributable to the seller, the amount paid in advance will not be reimbursed under any circumstances to the Purchaser and will be retained by the seller as liquidated damages. In the case of dispatch, the balance inclusive of transport costs will be due upon air carrier booking. Shipping shall therefore not be carried out until the balance of the purchase price is available to the seller.
4.2 In the case of Purchasers residing outside EU, the Export certificate request will be sent only upon the deposit receipt as determined above. Usually the export authorization is released within about 30-40 days. From that moment on, we can carry out the shipment, in accordance with the aforementioned procedures, subject to the import authorization released to the Purchaser by the competent authorities of his/her Country. Any request for veterinary certification and/or laboratory analysis needed and required by the legislation of the Purchaser’s state shall be communicated beforehand to the seller and any additional cost involved will be borne by the Purchaser.
5. Since the practice to put more than one species and/or subspecies as well as specimens of different origins in the same pens has proved to be potentially dangerous for certain diseases and/or occult parasitic infestations spread, as demonstrated by several scientific publications, Testudoalbino breeding centre implements the highest hygiene standards and procedures and divides the animals into groups that never come into contact with each other. Upon birth, newborns are placed inside pens well separated from adults and from specimens of different ages. It is strongly recommended that you apply the same rules, because the failure to follow them results in warranty void. Always for these reasons Testudoalbino breeding centre does not in any case take back animals sold, as it cannot check with absolute certainty that the aforementioned requirements have been complied with.
6. Upon animal pick-up, the Purchaser declares that he/she is perfectly aware about the need and the biology of the species/subspecies purchased,  even depending on their age, and undertakes to care and comply with the laws and regulations aimed their protection in force in his/her state of residence, by providing adequate accommodation and feeding. Any relevant advice is included in the purchase price. The breeding centre reserves the right to request and check that the requirements are actually observed.
7. Hibernation is a physiological need for a large part of the Testudo species: preventing the animals from hybernating can cause serious damage and affect their general health, even in a serious and/or lethal manner. For this reason, any guarantee concerning purchased animals shall be void, if, without valid reasons, hibernation is skipped or does not occur naturally and/or in an inconsistent manner contrary to tortoises’ physiological needs.
8. Any delivered animal is healthy and the breeding centre claims to be unaware of malformations or occult diseases. Any visible imperfection is considered as accepted by the Purchaser. Any health issue that shall be detected no later than one year after the purchase shall be communicated in writing to the seller no later than 8 days after the detection subject to medical certification and/or clinical examinations released by veterinarian with proven experience in exotic animals care; any treatments carried out on animals shall be previously agreed with the seller. The failure to follow these procedure will result in warranty void. Nevertheless, in the case of diseases certified by an expert veterinary, the breeding centre reserves the right to request  biological samples to be subjected, in turn, to clinical and/or genetic analysis by a trusted laboratory. The refusal to comply with this request will void any request or claim for reimbursement by the Purchaser. If from comparison genetic analysis with the parents of the animals sold it emerges that the samples submitted are not compatible, the breeding will bring action against Purchaser for sums that may have been paid for analysis and for damage repayment. Besides, the breeding centre will report the facts to the competent judicial authorities.
9. If within one year of purchase and after the complaint within the terms referred to in previous point 8), the animal should die or become seriously ill for demonstrable and traceable causes  
to redhibitory defect, the Purchaser must provide accurate veterinary certification attesting the death and its causes, in order to obtain from the seller a replacement. The seller has the right to request the samples in order to be able to carry out analyses for further control as specified in point 8).
10. The Purchaser is made aware that the failure to declare the death of the animal in accordance with terms and modalities specified in points 8) and 9) as well as to deliver CITES certificate to the competent authorities and to simultaneously send a copy to the breeding centre, will result in warranty void and/or entitlement to any kind of action against the seller. In addition, such omissions will be promptly reported to the competent authorities. It should be noted that as regards any infectious or organic diseases, data concerning incubation times/development indicated in specialized international scientific publications will be deemed valid.
11. If the Purchaser resides in EU, he/she undertakes to promply notify his/her willing to sell all or part of the purchased specimens, providing the supply date and place. From that moment on, the Purchaser assumes legal and warranty liability arising out of the sold animal.
12. By signing the sale agreement and by paying the deposit and the balance price, the Purchaser claims that he/she has perfectly understood and accepted all sales’ terms and conditions listed above as well as expressly accepted the laws and practices of the Purchaser’s State of residence, ie Italian legislation. Any disputes arising from or in connection with this Sales Agreement shall be referred to the Court of Arezzo.

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