General Terms and Conditions of Sale
Article 1 – General Provisions.
1. These General Conditions of Sale apply exclusively to the sale of Extra Virgin Olive Oil branded Olio Diluca made on the site www.oliodiluca.it, in accordance with the provisions of the Civil Code, Legislative Decree No. 70/03, the Consumer Code (Legislative Decree No. 206/05) and subsequent amendments.
2. The sale is carried out by the Azienda Agricola Vincenza Pessolano, based in GARAGUSO (MATERA – ITALY) at Contrada Serre snc, VAT No. 00595210774, Registered with the Chamber of Commerce of Matera REA number MT-52283, phone +39.0835-671321 – mobile number +39.327.0069371 / +39.388.3789716 – e-mail email@example.com – PEC firstname.lastname@example.org.
3. The user, navigating in this area, accesses the site of Olio Diluca through the url https://www.oliodiluca.it, henceforth referred to as the site. The transmission of a purchase order from the site implies acceptance of the general conditions of sale and personal data protection policies adopted by the site itself, which the user is asked to print, read and accept.
4. Olio Diluca reserves the right to change these general conditions unilaterally without prior notice.
5. It is possible to use the site and thus access products provided by the same and the purchase of these also in the English language.
Art. 2 – Object
1. These General Conditions of Sale exclusively govern the sale of Extra Virgin Olive Oil branded Olio Diluca, having the characteristics expressly indicated in the product catalog on the site.
2. These General Conditions of Sale do not govern the provision of services or the sale of products by parties other than Olio Diluca, which may be present on the same site through links, banners or other hypertext links, for which Olio Diluca is not responsible.
Article 3 – Conclusion of the contract
1. To purchase the Olio Diluca products for sale on the site www.oliodiluca.it, the user chooses the products from the “catalog” existing on the site; adds them to the cart and proceeds to “CHECKOUT” with the entry of the required user data in the relevant fields for the order, delivery and invoice; chooses the shipping method among those proposed; selects the payment method among those indicated. The order will be forwarded to Olio Diluca by pressing the command “MAKE ORDER”, after acceptance of these general conditions of sale and after confirming that by pressing the command “MAKE ORDER” will have the obligation to pay for the goods purchased. In the event of an error on the goods covered by the order, before payment the user may cancel the order.
2. After submitting the order, the user shall proceed to payment. In case of payment by bank transfer, the order confirmation email specifies that the order will be pending until payment is received.
3. Olio Diluca, after verifying the correctness of the data communicated by the user, sends to the email indicated by the user confirmation of the order, payment, any change of order status, notice of cancellation of the order. Olio Diluca will not be responsible for the non-receipt of the email for facts attributable to the user.
4. The order contains the characteristics of the product ordered, the price including taxes and transportation costs, the means of payment, the mode of delivery of the products purchased and refers to these General Conditions of Sale, the exercise of the right of withdrawal, the manner and timing of return of products purchased and the refund in case of exercise of the right of withdrawal.
5. Orders are stored within www.oliodiluca.it. The user, by accessing the personal area using the credentials provided at the time of registration to the site, will be able to modify their data, send communications and/or complaints, view the history and status of orders, cancel orders suspended pending payment.
Article 4 – Registered Users
1. In completing the registration procedures, the user is obliged to follow the instructions on the site and to provide their data correctly and truthfully.
2. Confirmation will in any case exempt Olio Diluca from any liability regarding the data provided by the user. The user undertakes to promptly inform Olio Diluca of any change in their data at all times communicated.
3. If the user communicates inaccurate or incomplete data or even in the event that there is a dispute by the parties concerned about the payments made, Olio Diluca will have the right not to activate or to suspend the service until the correct or complete data are provided or resolved the relevant disputes.
4. At the time of the first request for activation of a profile by the user, Olio Diluca will assign the same username and a password. The latter acknowledges that these identifiers constitute the system of validation of the user’s access to the Services and the only system capable of identifying the user that the acts performed through such access will be attributed to him and will be binding on him.
5. The user undertakes to maintain the secrecy of his access data and to guard them with due care and diligence and not to transfer them even temporarily to third parties.
Art. 5 – Availability of products
1. The availability of products for sale on the website www.oliodiluca.it refers to the actual availability of the product at the time of the order.
2. In the event that the product ordered is not in whole or in part available, the user will be promptly informed, so as to choose whether to replace the missing product, wait for the product to become available again, modify or cancel the order.
3. If the user requests a full cancellation of the order, Olio Diluca will refund the amount paid within 14 days of Olio Diluca becoming aware of the user’s decision to cancel the order. The refund will be made by the same means of payment used by the user at the time of purchase, unless the user has agreed otherwise.
4. If the user requests a partial cancellation of the order, Olio Diluca will refund only the price of the products not purchased within 14 days after Olio Diluca became aware of the user’s decision to cancel the order. The refund will be made by the same means of payment used by the user at the time of purchase, unless the user has agreed otherwise.
Article 6 – Method of payment and prices
1. The price of the products will be as indicated from time to time in the product catalog on the site.
2. The prices of products for sale on the site are inclusive of VAT; they may change at any time. Changes do not affect orders for which confirmation has already been sent.
3. In case of an error on the price offered, Olio Diluca will notify the user allowing the confirmation of the order at the correct amount or cancellation. In any case, Olio Diluca is not obliged to provide what is sold at the lower price erroneously indicated.
4. Once the desired products have been selected, they will be added to the shopping cart. It will be sufficient to follow the purchase instructions, entering or verifying the required information at each step of the process. Order details may be changed prior to payment.
5. Payment can only be made through the means of payment indicated on the site.
Article 7 – Delivery
1. Olio Diluca makes shipments throughout the Italian territory in the manner present on the site and that are indicated to the user at the time of the order.
Delivery will be made by the courier at the address indicated by the user when ordering.
2. For the Italian territory, the delivery is made, under the conditions indicated by the courier, approximately in 48-72 hours from the order confirmation but may vary depending on the mode of shipment chosen by the user at the time of the order; in any case, the delivery will be made within the maximum period of thirty days from the confirmation of the order.
3. With regard to deliveries abroad (European Union or Non-European Union countries) delivery will be made approximately in 14 working days from the confirmation of the order, and in any case, within the maximum term of thirty days from the confirmation of the order.
4. Delivery is from Monday to Friday, excluding Saturdays, Sundays and holidays.
Shipping costs are explicitly highlighted when the order is placed.
Article 8 – Passing of risk
1. For the consumer user, the risks related to the purchased products will pass to the user from the moment the goods are delivered to the user or to the third party designated by the user. Ownership of the products shall be deemed to have been acquired upon receipt of full payment of all amounts due in respect thereof, including shipping charges.
2. For the non-consumer user, the risks related to the products will pass to the user upon delivery to the carrier.
Article 9 – Warranty and Commercial Compliance.
1. If the user is a consumer, pursuant to Article 132 of the Consumer Code (Legislative Decree No. 206/05), the seller is liable when the lack of conformity becomes apparent within two years of delivery of the goods.
2. The consumer user forfeits his or her rights under the legal warranty if he or she does not report the lack of conformity in writing to the seller within two months from the date he or she discovered the defect.
3. If the user is not a consumer, the seller is liable (Article 1490 of the Civil Code) when the lack of conformity becomes apparent within the period of one year from the delivery of the good. A non-consumer user forfeits his or her rights under the legal warranty if he or she fails to report the lack of conformity to the seller in writing within eight days from the date he or she discovered the defect. (Art. 1495 of the Civil Code)
Article 10 – Right of Withdrawal
1. The user who has entered into the contract as a consumer has the right to withdraw from the purchase without penalty and without specifying the reason, within the term of 14 days under Article 57 of the Consumer Code (Legislative Decree 206/2005) starting from the date of receipt of the products. In the case of multiple purchases made by the user with a single order and delivered separately, the 14-day period starts from the date of receipt of the last product.
2. The user who intends to exercise the right of withdrawal must communicate in writing the decision to withdraw from the order to Olio Diluca in one of the following ways: by registered A / R to AZIENDA AGRICOLA VINCENZA PESSOLANO – Contrada Serre snc – 75010 GARAGUSO (MATERA); by telephone to +39.3270096371; by e-mail to email@example.com; by PEC to firstname.lastname@example.org.
4. In case of withdrawal by the Consumer, the goods must be returned to AZIENDA AGRICOLA VINCENZA PESSOLANO Contrada Serre S.N.C 75010 GARAGUSO at the user’s expense, undamaged, sealed, in the original packaging, complete in all its parts and complete with the attached tax documentation.
5. However, the right of withdrawal is subject to the following conditions: (a) The withdrawal applies to the product purchased in its entirety, so the user may not exercise the withdrawal on a part of the product purchased; (b) the shipping costs related to the return of the goods are borne by the user; (c) the user is responsible for shipping until receipt of the returned goods by Olio Diluca; d) Olio Diluca is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments; e) In case of damage to the returned goods during the return journey; f) the user can not in any way exercise the right of withdrawal in respect of perishable goods whose expiration date is less than or equal to 10 days. In the assumptions referred to in letters e) and f), Olio Diluca will notify the user to the email address provided by the user within 5 working days of receipt of the goods at its premises, to allow the user to make the complaint against the courier of his choice and obtain reimbursement of the value of the goods if insured. In this eventuality, the product will be made available to the user for its return simultaneously canceling the request for withdrawal.
6. It is excluded the withdrawal in the case of goods specified in Article 59 of Legislative Decree No. 21/2014. (By way of example but not exhaustive, we mention the types of products marketed on the site that are most likely to be subject to this exclusion namely: art. 59 lett. c) supply of goods made to measure or clearly customized; art. 59 lett. d) supply of goods that are likely to deteriorate during transport or expire quickly; art. 59 lett. e) supply of sealed goods that are not suitable for return for hygienic reasons or reasons related to health protection and have been opened after delivery; art. 59 lett.f) supply of goods that, after delivery, are, by their nature, inseparably mixed with other goods). In case of exclusion of withdrawal, the products, if already received by Olio Diluca, will be returned to the user with a charge for shipping costs.
7. Without prejudice to the right to verify compliance with the conditions and the existence of the right of withdrawal, Olio Diluca will refund the amount of the products subject to withdrawal within a maximum period of 14 days that will run, in accordance with the provisions of art. 56 paragraph 3 of the Consumer Code (Legislative Decree 206/2005), from the receipt of goods.
8. Olio Diluca will make the refund using the same means of payment chosen by the user at the time of purchase, unless the user has otherwise agreed. In the case of payment made by bank transfer and if the user intends to exercise his right of withdrawal, he must communicate in writing, in one of the methods of your choice among those indicated in paragraph 3 of this article, the bank details: IBAN, SWIFT and BIC necessary to carry out the refund, the refund will remain pending until it will not reach Olio Diluca the relevant communication.
9. As a result of the exercise of the right of withdrawal, Olio Diluca will refund the amounts including delivery costs, excluding any additional costs resulting from the choice of a delivery method other than the ordinary method offered.
10. The right of withdrawal does not apply in any case of purchase by a non-consumer subject.Art. 11 – Data processing.1. The user’s data are processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the specific section containing the information pursuant to EU Regulation 2016/679 and Legislative Decree 196/03.
Article 12 – Complaints – Resolution of disputes, applicable law and competent court
1. These General Terms and Conditions of Sale are governed by and interpreted in accordance with Italian law. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law. In the case of a consumer user, this is without prejudice to any different prevailing mandatory regulations of the user’s country of habitual residence.
2. Any communications and/or complaints about the products purchased must be sent in writing by e-mail to email@example.com or by means of the form in the reserved area to which the user will have access by entering the credentials received at the time of registration.
3. For the resolution of disputes arising from this contract, the user who holds the status of Consumer residing in Europe, can turn to online platform https://ec.europa.eu/consumers/odr, which provides an alternative dispute resolution tool. This tool can be used by the Consumer residing in Europe to non-judicially resolve any dispute relating to contracts for the sale of goods concluded online.
4. Whatever the outcome of the non-judicial resolution procedure, disputes arising from this contract are subject to the possibility of recourse to the ordinary Italian judicial authority.
5. If the user has the status of Consumer, any disputes shall be resolved by the court of the place of domicile or residence of the same. In case of non-consumer user, the competent court is that of Matera.
Art. 13 – Safeguard clause.
1. In the event that any of the clauses of these General Conditions of Sale should be null and void for any reason whatsoever, this shall in no case affect the validity of and compliance with the other provisions contained in these General Conditions of Sale.