ARTICLE 1 – SUBJECT MATTER AND DEFINITION OF THE CONTRACT
The General Terms and Conditions of Sale (hereinafter GENERAL TERMS AND CONDITIONS) set out herein regulate the sale of products marketed by Olio Viola s.r.l. on the website www.olioviola.it through a remote sales system using the communications technology called “The Internet”. All contracts for the purchase of the products marketed and sold, entered into between Olio Viola s.r.l. and the INTERNET CUSTOMER (hereinafter CUSTOMER) at www.olioviola.it, owned by Olio Viola s.r.l., by following the online procedures specified, shall be governed by these General Terms and Conditions, which form an essential, substantial part of the same contracts. The reference legislation is Italian Legislative Decree no. 206 of 6 September 2005 (Consumer’s code, in compliance with article 7 of Italian Law no. 229 of 29 July 2003), governing all processes of a juristic and/or contractual nature involving consumers, both from the viewpoint of the individual and of the society; and Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 (“Directive on Electronic Commerce”), assimilated into domestic law with Italian Legislative Decree no. 70 of 9 April 2003, which states that the electronic contract can be defined as concluded when: the service provider has to acknowledge the receipt of the recipient’s order without undue delay and by electronic means; the order and the receipt are deemed to be received when the parties to whom they are addressed are able to access them. All and any amendments to these Terms and Conditions of sale shall become effective as of their publication on the website and shall only apply to sales finalised following their publication.
ARTICLE 2 – ORDERS
All orders shall be subject to acceptance by: Olio Viola s.r.l. Via Molini, 7 – 37011 Bardolino (VR) Italy Purchase orders finalised at www.olioviola.it should be completed in all parts and should contain the details required to allow precise identification of the products ordered and the place of delivery. Orders are to be considered as a contractual offer from the Customer, issued ONLINE. The order confirmation from Olio Viola s.r.l., sent by email to the address specified by the INTERNET CUSTOMER, constitutes acceptance of the contractual offer. The contract shall be understood as entered into and binding for both parties from the moment Olio Viola s.r.l. sends the Order confirmation to the INTERNET CUSTOMER. Olio Viola s.r.l. may also send the END CUSTOMER an order rejection and reserves the right to cancel any orders in the event of material errors relating to the Customer’s order or to the information sent by the Customer on the website www.olioviola.it. Its decision to cancel shall be final. The Customer may purchase the products specified in the online catalogue available at www.olioviola.it, and in the quantities in stock in the warehouse. If an order exceeds the quantity in stock, the purchase shall be accepted for the available products only. In this case, the CUSTOMER shall be informed and may cancel the order or supplement it with a replacement product. The Customer shall notify Olio Viola s.r.l. immediately of any errors or omissions of any type in the terms and conditions of payment, quantities and prices listed in the order acceptance document.
ARTICLE 3 – PRICES, SHIPPING COSTS AND PAYMENTS
All sales prices of the products presented and specified on the www.olioviola.it website constitute an offer to the public, are expressed in EUROS and are inclusive of VAT. Olio Viola s.r.l. reserves the right to change the prices published on the website www.olioviola.it at any time. Product prices published from time to time cancel and replace the previous prices. Shipping costs for Italy – islands included – are calculated automatically on order placement, taking into account the products added to the trolley and the destination. Personalised quotations shall be provided for deliveries to foreign countries. Delivery time frames for Italy: 5 to 10 working days from receipt of payment. Delivery time frames for Foreign countries (Europe): within 15 working days of receipt of payment.
ARTICLE 4 – DELIVERIES
Olio Viola s.r.l. shall ship the selected, ordered products to the shipping address specified in the order. All purchases shall be delivered by express courier (hereinafter “Courier”) from Monday to Friday, excluding weekends and national bank holidays. Olio Viola shall not be liable for unforeseeable delays or delays which it did not cause. In any case, except for in cases of force majeure or unforeseeable circumstances, the ordered Products shall be delivered within a period of 10 (ten) working days starting from the day after the one on which Olio Viola confirms the Customer’s order by sending a dedicated order confirmation. Delivery terms may be subject to change for high volumes. The service includes 2 delivery attempts at the address indicated when placing the order. A notification shall be left each time the courier passes. At the second failed delivery attempt, the Courier shall telephone the order recipient on the telephone number provided, to arrange the delivery. If the order recipient cannot be traced or there is no answer, the goods shall be returned to the warehouse. However, Olio Viola s.r.l. shall not be held liable for delayed or failed delivery due to force majeure or unforeseeable circumstances.
ARTICLE 5 – INVOICING – PAYMENT TIMES AND METHODS
The Customer undertakes to pay the price of the ordered Products via Pre-paid Wire Transfer, Cash on Delivery or PayPal. An invoice can be requested when placing the order (tax code and VAT number are mandatory in this case). ARTICLE 6 – LIMITS OF LIABILITY Olio Viola s.r.l. shall not be held liable for inefficiency due to force majeure, such as accidents, explosions, fires, strikes and/or lock-outs, earthquakes, flooding and other similar circumstances fully or partly preventing the execution of the service within the contractually agreed time frames. Olio Viola s.r.l. shall not be answerable to any party in relation to damage, loss and costs incurred as a result of non-performance of the contract for the reasons set out above, as the Customer shall be entitled to a refund of the price paid. Equally, Olio Viola s.r.l. shall not be liable for the fraudulent and illegal use which may be committed by third parties, of cards or other means of payment, at the time of payment of the products purchased on the www.olioviola.it website. Without prejudice to the hypotheses of wilful misconduct or gross negligence, it is hereby agreed that, should Olio Viola s.r.l. be found liable and answerable to the Customer for any reason – including for total or partial non-fulfilment of the obligations taken on by Olio Viola s.r.l. towards the Customer through order execution – the liability of Olio Viola s.r.l. may not exceed the price of the Products purchased by the Customer and for which the dispute has arisen. The liability of Olio Viola s.r.l. for delivery delays may not exceed the sum of the shipping costs borne by the Customer.
ARTICLE 7 – CORRESPONDENCE
The Customer hereby agrees to the use by Olio Viola s.r.l. of tools such as email, operator-free automated calling systems or fax.
ARTICLE 8 – OWNERSHIP RIGHTS OF THE GOODS
The right of ownership over products offered on the Olio Viola s.r.l. Website passes to the Customer on full payment of the products or their delivery, if the latter occurs last. Product breakage risks pass to the Customer upon delivery.
ARTICLE 9 – RIGHT TO WITHDRAW – (ITALIAN LEGISLATIVE DECREE 206/05)
The CONSUMER customer may exercise the right to withdraw if: they send an email to Olio Viola s.r.l. cancelling the order before receiving the order confirmation or before the goods have been dispatched; – they undertake to return the products received, in their entirety, if they do not feel satisfied with the purchase made. The right to withdraw may be exercised by sending a registered letter with return receipt to the following address (which is the same address to be used for returning the goods): OLIO VIOLA S.R.L. Via Molini, 7 – 37011 Bardolino (VR) ITALY This letter should be sent no later than ten working days from the day on which products were received (packs unopened, sealed as they were when dispatched and in a good state of preservation). Failing the above, entitlement to the right shall lapse. Said letter may also be sent in advance by fax (+ 39 045 6212299) or email: firstname.lastname@example.org within the same terms, provided it is confirmed by registered letter with return receipt within 48 hours of sending the fax or email. This letter should contain the details needed to identify the order, the desire to abandon the purchase and the product or products for which the customer intends to exercise the right to withdraw, attaching a copy of the tax document (Invoice or Transport Document). The right to withdraw is instead not allowed in the following cases (Article 5, paragraph 3 of Italian Legislative Decree 185/1999) and more specifically: for the purchase of made-to-measure goods or those personalised by Olio Viola s.r.l. in accordance with the specific requests of the CUSTOMER or those which, by their nature, cannot be sent back or are in danger of spoiling or perishing rapidly. if the products were not delivered due to absence of the CUSTOMER from the delivery location and if, when they are collected, they have perished or spoiled due to the delay caused by the customer. If returns are carried out as set out above, then any amount which may already have been paid for the Products and delivery costs shall be repaid by wire transfer into the account of the purchaser. The refund shall be paid as quickly as possible, and in any case within 15 days from the date on which Olio Viola s.r.l., having been informed of the return by the CONSUMER customer, also received the ordered goods intact and in their original packaging at the following address: Olio Viola s.r.l. Via Molini, 7 – 37011 Bardolino (VR) Italy The only costs to be borne by the Customer for exercising the right to withdraw are direct costs for shipping and returning the products to Olio Viola s.r.l.
ARTICLE 10 – GUARANTEES AND SERVICE METHODS
Olio Viola s.r.l. markets and sells high quality products, for which it offers a guarantee limited by the product use-by date. In the event of imperfections or anomalies that cannot be explicitly attributable to Olio Viola s.r.l., by the very nature of the products offered in the catalogue, the Customer may contact a sales manager directly using our contact methods (email@example.com – Customer Services – tel. +39 045 6211402). The Customer shall have no right to claim damages or indemnity, and there shall be no contractual or non-contractual liability for direct or indirect injury to people and/or damage to property caused by goods purchased at www.olioviola.it.
ARTICLE 11 – REQUIREMENTS OF THE BUYER
Once they have completed the purchasing procedure required by the www.olioviola.it website, the customer shall print and save these general terms and conditions, which, however, it shall have previously examined and accepted as a mandatory step during the online order shipment stage. This is in order to fully meet the condition set out in articles 3 and 4 of Italian Legislative Decree no. 185/99. It is strictly forbidden for the Customer to enter false and/or invented data during the registration procedure required to activate for them the process for performance of this contract and of any additional related correspondence; personal details and email address should be the Customer’s real personal data only and not those of third persons or made up. It is hereby expressly forbidden to enter the data of third persons. It is also forbidden for minors to register. Olio Viola s.r.l. reserves the right to prosecute for any infringement and misuse, in the interest and for the protection of all consumers.
ARTICLE 12 – PROMOTIONS
The promotions offered shall remain valid until all stocks of the Products have been used up and within the purchase limits specified on the website. The promotions cannot be combined with each other. The products on promotion may be delivered in promotional packs that are different from those appearing on the website. The offer of any free products shall remain valid until all stocks have been used up. No replacements or returns shall be possible for any complimentary products that the Customer has received.
ARTICLE 13 – SUPPLY AND PROCESSING OF PERSONAL DATA
Personal data shall be collected for the purposes of registering the Customer and activating the procedures for them for the performance of this contract and any related correspondence required; these data shall be processed by electronic means in compliance with current laws and may only be produced if requested by judicial authorities or by other authorities duly authorised by law for this purpose. Personal data shall be disclosed to individuals appointed to perform the activities required for performance of the contract stipulated and shall be disseminated for those purposes only. The data subject enjoys the rights set out in article 13 of Italian Law 675/1996 with reference to the right to privacy.
ARTICLE 14 – DISPUTES
The Court of VERONA shall have sole jurisdiction for any unresolved disputes between the parties.
ARTICLE 15 – CONFIRMATION OF HAVING READ THE TERMS AND CONDITIONS OF SALE
The information system for completing the order is such as to prevent order confirmation and validation in the absence of an explicit command given by the buyer and aimed at confirming that the BUYER has read these TERMS AND CONDITIONS OF SALE. Important note: The most up-to-date revision of the General Terms and Conditions – the one in force when the Customer signs their order – shall regulate the order; the Customer is therefore requested to print and save a copy of these GENERAL TERMS AND CONDITIONS OF SALEfor future reference and to check it for subsequent amendments to the copy they printed.
ARTICLE 16 – APPLICABLE LAW
Contracts entered into online by the Customer at www.olioviola.it are governed by Italian law. The legal provisions relating to the relationships and matters provided for in the contract entered into online by the Customer with Olio Viola s.r.l. shall apply for anything not expressly laid out herein.
Article 3 Prices and Shipping
Article 4 Deliveries
Article 6 Limits of Liability
Article 7 Correspondence
Article 9 Right to Withdraw Article 10 Guarantee and Service
Article 11 Requirements of the buyer
Article 14 Disputes
Article 15 Confirmation of having read
Article 16 Applicable law
DELIVERY AND PAYMENT METHODS
The prices shown are valid and are inclusive of VAT, containers and packaging. Shipping costs throughout Italy – islands included – are calculated automatically upon order placement, taking into account the products entered and the destination.
We will provide a personalised quotation for deliveries abroad.
Payment can be made via:
Pre-paid Wire Transfer;
Cash on delivery (with a € (?) paying-in charge) ;
Remember to make the payment within 3 days of the order date if you choose to purchase paying by Wire Transfer. If you have not done a wire transfer by the time that period is up, your order will be cancelled. Please find details for the Wire Transfer below:
Payment reason: specify the date and order number found in the confirmation email. Please remember that your order shall only be managed once we have received the amount in our current account (normally 1 to 3 working days after the transfer has been made).
PAYMENT ON DELIVERY
With cash on delivery, you can purchase all products present on the www.olioviola.it website. Payments on delivery are accepted for purchases worth up to a maximum value of 500 euros. A small payment of €10.00 is required for shipments with Cash on Delivery. Before you confirm your purchase, the Order Summary window displays the final price, which includes the above-mentioned charge. Payment on delivery must be performed in cash and is only available for deliveries in Italy.
Once their order has been confirmed, the Customer will be redirected to the PayPal website where they can pay using their account or in any case in the ways accepted by PayPal and in compliance with the related terms and conditions. Individuals required to request an invoice should ask for one when making the order, and should enter their tax code and VAT number.
Olio Viola s.r.l. delivers by express courier directly to the address provided by the customers; ordered goods therefore travel entirely at the risk of Olio Viola. As such, no complaints shall be accepted, apart from on receipt of the goods, by noting any anomalies on the courier’s delivery document. Deliveries (in Italy) can occur in a time frame varying between 5 and 10 days depending on the destination area of the goods. PRODUCT
If ordered products are momentarily unavailable, we shall promptly inform the Customer of this, agreeing on the delivery methods for what is available and changing the final sales price if necessary. WITHDRAWAL AND
Pursuant to Italian Legislative Decree no. 206 of 06/09/05, the Customer has the right to withdraw from the Contract and may return goods within 10 days of receiving them, by notifying Olio Viola s.r.l. Via Molini, 7 37011 Bardolino (VR ) by registered letter with return receipt or by sending an email to firstname.lastname@example.org. The company shall reimburse the amount paid no later than 10 days after receiving the returned goods, without prejudice to the shipping costs.
For any reports, complaints or requests for information, please contact Customer Services on the website, send an email to email@example.com or call +39 045 6211402, quoting the order number you were assigned when completing your order and indicated in the order confirmation sent be email.
PROTECTION OF MINORS
Minors under the age of 18 are not permitted to make purchases using the online order form without the knowledge of a family member over the age of 18.