TERMS OF SERVICES

(Pursuant to Chapter I, title 3, part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)

 

 

1. Introduction and effectiveness of the General Conditions

 

These general conditions of sale (hereinafter, the "General Conditions") have as their object the regulation of the purchase of products, made remotely and made available, via internet, from the oliodamico.it site (hereinafter, the "Site "), in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the" Consumer Code ").

 

The seller of the products and owner of the Site is Frantoio Oleario Guido D'Amico, with registered office in Via Roma 34, Rosciano 65020 (PE) Italy, P.I. 00128580685 and registration in the Pescara Business Register PE-57096 with e-mail address: shop@oliodamico.it (hereinafter “Frantoio Oleario Guido D'Amico”).

 

The consumer who accesses the Site to make purchases (hereinafter, the "Customer") is required, before sending the order, to carefully read these General Conditions which have been made available to him on the Site and which will be available in every time by the Customer also through the link contained in the confirmation email of each order to allow it to be reproduced and stored.

 

In the event that the person making purchases on the Site requests the invoice issue and / or in any case is not a "consumer or user" as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, the withdrawal regulations pursuant to art. 7 and 8 of these General Conditions nor, more generally, the provisions that pursuant to the same Consumer Code apply only to "consumers".

 

Contracts concluded with Frantoio Oleario Guido D'Amico through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.

 

 

 

2.Choosing and ordering the Products

 

 

The characteristics and the price of the various products for sale on the Site (hereinafter, the "Product" or "Products") are shown on the page relating to each Product.

 

In order to purchase the Products, the Customer have to complete and send the order form in electronic format, following the instructions contained on the Site. The Customer have to add the Product to the "Cart" and, after having read the General Conditions and the Privacy Policy and confirmed their acceptance, have to enter the shipping and billing data, select the desired payment method and confirm the order.

 

By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares that to have read all the information provided during the purchase procedure and to fully accept these transcribed General and Payment Conditions.

 

The contract stipulated between Frantoio Oleario Guido D'Amico and the Customer can be considered concluded with the acceptance of the order by Frantoio Oleario Guido D'Amico. This acceptance is communicated to the Customer through an e-mail confirming the order itself containing a reference to these General Conditions, the order number, the shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs.

The Customer will check the confirmation e-mail and if he identifies errors in the order he will have 12 hours from the receipt of this e-mail to contact the Customer Service by e-mail or other suitable means to communicate to Frantoio Oleario Guido D'Amico the error detected.

After this deadline, in the event that the order has already been processed for shipment, changes will no longer be accepted, without prejudice to the rights of the Customer referred to in Article 7 below.

 

Once the order is received, Frantoio Oleario Guido D'Amico will check the availability of the stocks for the fulfillment of the order.

 

In the event that one or more Products are not available, Frantoio Oleario Guido D'Amico Customer Service will promptly send an e-mail to the Customer who, within the next 48 hours, will have the right to respond to request the shipment of any other Products available or cancel it. In case of no response within this period, the order will be considered confirmed for the available Products and the same will be sent for shipment.

In both cases, the amount relating to the missing Products will be reversed immediately or refunded depending on the payment method chosen.

 

 

 

3. Products information

 

The information and characteristics relating to the Products are available on the Site.

 

The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be fully representative of its characteristics and quality but may differ slightly in color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.

 

 

 

4. Prices

 

Product prices are inclusive of all taxes and duties. All prices are expressed in Euros.

 

For shipments to Italy, if the total amount of the order is greater than € 100, the shipping costs are included in the purchase price and are indicated as "included" at the time of the conclusion of the purchase process before the execution of the payment. In the event that the purchase amount is less than this amount, the shipping costs will be indicated separately and indicated in the order before proceeding with payment.

For shipments outside the Italian territory, shipping costs are not included in the price and will be calculated at the conclusion of the purchase process before making the payment.

 

 

 

5. Payment Method and invoices

 

5.1 Payment methods

 

The Customer may pay the price of the Products and the related delivery costs by credit card, PayPal, bank transfer and any other methods available on the site.

 

The Customer may pay the price of the Products and the related delivery costs by credit card, PayPal, bank transfer and any other methods available on the site.

 

 

   Credit card

 

 

The circuits on which it is possible to purchase on the Site are:

 

 

       MasterCard

       Visa

       Master

       American Express

 

 

   PayPal

 

Once the order is confirmed, the Customer will be redirected to the PayPal site where he can make the payment with his account or using a card, even prepaid, or in any case according to the methods accepted by Paypal and in compliance with the relevant conditions.

 

 

Bank transfer

 

The Customer must make the transfer within 3 days from the order date for orders relating to products; If the payment does not occur within 3 days, the order will be canceled and the goods made available again for purchase by other customers.

 

The Customer who has not made the transfer may be contacted by Customer Service in order to clarify whether the cause of the non-credit is due to the Customer's will not to confirm the purchase or to other causes.

 

 

Account in the name of: Frantoio Oleario Guido D'Amico

 

IBAN: IT91F0847377400000000001940

 

Reason: the Customer must indicate the date and order number in the reason for the transfer, which can be found in the confirmation email.

 

 

5.2Invoicing of orders

 

For each purchase, the invoice will be issued at the same time and will be sent by email to the address used for the registration of the Customer on the site. The Customer is responsible for the correct filing of the billing information.

 

 

 

6.Transport and delivery

 

The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate "Shipping Data" field.

All purchases will be delivered by express courier (hereinafter, the "Courier") from Monday to Friday, excluding holidays and national holidays.

Frantoio Oleario Guido D'Amico is not responsible for unforeseeable delays or those not attributable to it.

 

In any case, except in cases of force majeure or unforeseeable circumstances, the ordered Products will be delivered to the carrier within a period of 7 (seven) working days starting from the day following that in which Frantoio Oleario Guido D'Amico confirmed the order to the Customer by means of a specific order confirmation e-mail.

 

Once the Products have been shipped, the Customer will receive a confirmation e-mail which will include, where possible, a link to refer to for tracking the shipment.

 

Active Delivery services in Italy:

 

Express Courier

 

Shipments to Italy can be made with different couriers depending on the region of destination in order to ensure the customer the best available rate. 

 

Delivery services active abroad:

 

 

Express courier

 

 

Shipments abroad can be made with different couriers depending on the country of destination in order to ensure the best available rate to the customer.

 

 

Countries where the service is active: All countries of the European Union.

 

 

For non-EU countries, it is possible to contact Frantoio Oleario Guido D'Amico for more information.

 

 

7.Right of withdrawal

 

 

The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except in the cases of exclusion provided for in the next point.

 

To exercise this right, the Customer must send Frantoio Oleario Guido D'Amico a communication within 14 days from the date of receipt of the Products or, if he intends to exercise the withdrawal before having received the Products, the notice of withdrawal may be sent in any moment before their receipt.

 

 

This communication must be sent by registered letter with return receipt, addressed to:

 

 

Frantoio Oleario Guido D'Amico

Via Roma 34, 65020

Rosciano, PE, Italy

 

The Customer Service of Frantoio Oleario Guido D'Amico will, once the communication has been received, to open a file for the management of the return and to communicate to the Customer the instructions on how to return the Products, which will take place by courier indicated by Frantoio Oleario Guido D 'Amico herself.

 

The right of withdrawal is governed by the following conditions:

 

The law applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the withdrawal only on part of the purchased Product.

 

In case of exercise of the right of withdrawal, Frantoio Oleario Guido D'Amico will refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the notice of withdrawal was received, without prejudice to remaining the right of Frantoio Oleario Guido D'Amico to suspend the payment of the reimbursement until the actual receipt of the goods.

 

  The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method. In case of bank transfer or cash on delivery, the Customer will be responsible for providing the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).

 

Also in order to guarantee the free return pursuant to article 8 below, the Products must be returned in the same box in which they were received.

In addition to the cases indicated in the Introduction (customer who is not a consumer and / or who requests an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 of Legislative Decree 21/2014:

 

 

   -  order of products made to measure or clearly personalized;

 

    - order of Products that risk deteriorating or expiring rapidly;

 

    - order of sealed Products that cannot be returned for reasons of hygiene or related to health protection or that have been opened after delivery.

 

 

With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that "risk deteriorating or expire rapidly" or "Sealed products that have been opened after delivery" include all the Products food sold by Frantoio Oleario Guido D'Amico, as their organoleptic and hygienic characteristics are subject to alteration as a result of inappropriate storage.

 

 

In cases where the right of withdrawal is excluded, Frantoio Oleario Guido D'Amico will return the purchased Products to the Customer, charging the shipping costs to the Customer.

 

 

For any information, it is always possible to contact Customer Service to obtain clarifications on how to exercise this right.

 

8. Free return in case of exercise of the right of withdrawal

 

As a more favorable condition for the Customer, Frantoio Oleario Guido D'Amico fully bears the shipping costs for the return of the Products in case of exercise of the right of withdrawal.

 

In order to benefit from this free shipping, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in the previous article 7 and wait to be contacted by Frantoio Oleario Guido D'Amico to agree on the return of the Products to the courier.

 

 

 

9. Warranty and lack of conformity

 

In case of conformity defects of Products sold by Frantoio Oleario Guido D'Amico, the Customer must immediately contact Customer Service by email at shop@oliodamico.it.

 

The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and on condition that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or to an adequate price reduction or termination of the contract.

 

The Customer forfeits these rights if he does not report the lack of conformity to Frantoio Oleario Guido D'Amico within two months from the date on which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject expiry in a shorter period, in which case the defect must be reported within this shortened period.

 

The complaint must be made by specifying and proving in a specific manner the alleged defects of conformity that led to the activation of the guarantee.

 

 

 

10. Errors and Limitations of Liability

 

The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which Frantoio Oleario Guido D'Amico cannot therefore be held responsible, except in the case of willful misconduct or gross negligence.

 

 

Frantoio Oleario Guido D'Amico reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice, without prejudice to the Customer's rights to pursuant to these General Conditions and the Consumer Code.

 

Except for willful misconduct or gross negligence, any Customer’s right to compensation for damages or the recognition of compensation is excluded, as well as any contractual or no-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance or evasion, even partial, of an order.

 

 

 

11.Complaints

 

 

Any complaint must be sent to Frantoio Oleario Guido D'Amico by registered letter with return receipt to the following address:

 

Frantoio Oleario Guido D'Amico

Via Roma 34, 65020

Rosciano, PE, Italy

 

Frantoio Oleario Guido D'Amico undertakes to respond to all requests received within a maximum of 7 working days.

 

 

 

12. Online resolution of consumer disputes (ADR and ODR)

 

Alternative Dispute Resolution (ADR)

 

According to Article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 n. 206 (Consumer Code) the customer can use the Joint Conciliation procedure.

 

The Procedure can be started if the consumer, after submitting a complaint to the company, has not received a response within 45 days or has received a response that is not deemed satisfactory by him.

 

 

Online Dispute Resolution

 

Pursuant to art. 14 of Regulation 524/2013, the user is informed that in the event of a dispute, he may submit a complaint via the ODR platform of the European Union which can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform constitutes an access point for users who wish to resolve disputes arising from online sales or service contracts out of court.

 

 

 

13.Applicable law and competent court

 

 

The sales contract between the customer and Frantoio Oleario Guido D'Amico is concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his / her town of residence or of domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Pescara, any other competent court excluded.

 

 

By proceeding with the purchase of Frantoio Oleario Guido D'Amico products through the Site, the Customer declares to have read and accepted these General Conditions. Pursuant to Article 1341 of the Italian Civil Code the Customer declares to have read and specifically accepted the following articles of these General Conditions: 6. (Transport and delivery), 7. (Right of withdrawal), 9. (Warranty and lack of conformity), 10. (Errors and limitations of responsibility).

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