GENERAL TERMS AND CONDITIONS OF SALE

  1. DEFINITIONS

For the purposes of this contract, the following definitions shall apply:

  • “Customer”: the purchaser, whether consumer or professional, of the goods sold by Az. Agricola Ciacci Anna;
  • “Consumer”: the natural person acting in a capacity wholly unrelated to any entrepreneurial, commercial, craft or professional activity carried out by the same;
  • “Professional”: a natural or a legal person acting in the exercise of his/her trade, business, craft or professional activity, or acting as an intermediary thereof;
  • “Site”: https://www.olioabbraccio.it/
  • “Customer Order”: the order form in an electronic format sent by the Customer following the instructions on the Site;
  • “General Terms and Conditions”: these terms and conditions which govern the Customer-Seller relationship, drawn up in Italian and always available at the Site;
  • “Product” or “Products”: the goods/items which are the subject of the sale, as described and identified on the Site in the section: https://www.olioabbraccio.it/prodotto;
  • “Contract”: these general terms and conditions of sale, supplemented by the Customer Order;
  • “Seller”: Az. Agricola Ciacci Anna, con sede legale in Via Col del Rosso, 27 – 58038, 58038 Seggiano (GR), C.F. CCCNNA60E64C085E e P.IVA: 01175900537, Telefono: (+39) 338 148 5386, e-mail: info@olioabbraccio.it – mirkoabbraccio@alice.it, PEC: ciaccianna@pec.it
  • “Parties”: the Customer and the Seller considered jointly;
  • “Italian Consumer Code”: Italian Legislative Decree no. 206/2005 as amended;
  • “Italian Legislative Decree on Electronic Communications”: Italian Legislative Decree no. 70/2003 as amended.
  1. THE SUBJECT OF THE CONTRACT

2.1 The Contract governs the sale, by the Seller to the Customer, of the Products specifically identified in the Order.

2.2 The Products are described in the text of the relevant “Sheet”. The photographic images of the Products on the Site are for the sole purpose of presenting the Products for sale and the images may not be perfectly representative: the colour and size may differ, as could the characteristics of the Product’s wrapping and packaging. In the event of a discrepancy between the image and the Sheet for an individual Product, the description on the Sheet for that Product shall always prevail.

2.3 With regard to using and storing the Product, the Customer shall comply with the instructions on the label attached to the Product and/or the instructions delivered with the Product.

  1. CONCLUDING THE CONTRACT

3.1 The Customer, having identified the Products through the Site, shall: fill in the Order form; accept these General Terms and Conditions, as well as the methods by which his/her personal data will be processed; enter the delivery address for the Product and the data required for any invoicing; choose the payment method and any shipping options and, having confirmed the Order, transmit the same to the Seller by following the instructions on the Site.

The Customer may modify or correct the data entered on the Order – up to the moment when payment for the Order is made – by modifying the relevant form. Once payment has been made, the Customer may request changes or corrections be made to the data by emailing info@olioabbraccio.it – mirkoabbraccio@alice.it. If the Customer has registered on the Site and, therefore, has a personal account to which he/she has access with the username and password chosen at the time of registration, he/she may also change and correct any errors in his/her data at any time by accessing his/her account.

3.2 Upon receiving the Order, the Seller will check the availability of all the Products ordered and, in the event that one or more Products are not available, will promptly notify the Customer by email. The Customer – within the next 48 hours – may reply to the email and cancel the entire Order or may confirm his/her interest in receiving only those Products available. If the Customer fails to reply and/or fails to make a choice within the above term, the Order will be considered confirmed for only those Products available, which will be promptly shipped; in this case, the entire amount relating to the unavailable Products will be refunded or, in any case, depending on the payment method chosen by the Customer, will not be charged.

3.3 The Contract shall be deemed as concluded upon the Seller’s acceptance of the Order.  Once the Order is accepted by the Seller, the Customer shall be notified by means of an order confirmation email. This email shall contain a summary of the Order placed by the Customer and any payment instructions, if not made with the Order. The Contract may be concluded in either Italian or English.

3.4 The Order transmitted shall be filed in the following manner: a) in the user’s/Customer’s personal area, in the event that the Customer has registered on the Site and, therefore, has a personal account that he/she can access with the username and password chosen at the time of registration; b) in the Order management section of the e-commerce control panel, to which the Customer may request access by emailing the Seller.

  1. SALES PRICE AND SHIPPING COSTS FOR THE PRODUCTS.

4.1 All prices are given in Euro and include VAT.

4.2 Shipping costs will be calculated by the system automatically based on the total weight of the Products purchased and taking into account the shipping destination. These costs will be indicated clearly in the conclusion phase of each Order.

  1. PAYMENT METHODS AND INVOICING.

5.1 The Customer may pay for the Products and the shipping costs by credit card or by PayPal. In the event that the Customer chooses to pay by PayPal, once the Order has been confirmed, the Customer will be redirected to the PayPal site for payment using his/her account or by simply using a credit card, even a prepaid one, without the need to have or to create a PayPal account.

5.2 The Customer may request an invoice to be issued, in electronic format, by checking the appropriate checkbox when filling out the Order, entering the data required for an invoice to be issued. A copy of the electronic invoice shall be sent to the email address indicated by the Customer.

If the Customer does not request an invoice to be issued when placing the Order, he/she may not request one subsequently.

  1. TRANSPORT AND DELIVERY OF THE PRODUCTS

6.1 The Products purchased by the Customer through the Site will be delivered by courier or forwarding agent to the address indicated in the “Shipping Address” section by the Customer during the purchase procedure. The Customer is responsible for any consequences due to missing data or an incorrect delivery address. The Seller shall notify the Customer by email once the Products have been shipped. This email shall include a link to track the shipment. The costs for shipping and delivering the Products shall be borne by the Customer and may vary depending on the Products ordered and the shipping method chosen by the Customer from amongst those proposed by the Seller. Pursuant to article 1510 of the Italian Civil Code, the Seller is not liable for any delays by the courier and/or the forwarding agent in delivering the Products.

6.2 The Products will be delivered no later than thirty working days from the conclusion of the Contract. If the Customer is unavailable at the first delivery attempt, the Customer shall follow the courier’s or the forwarding agent’s instructions to request a new delivery date or to redirect the shipment, in accordance with the delivery options provided.

6.3 The Customer shall report any discrepancies between the Products(s) ordered and the Product(s) delivered directly to the courier/forwarding agent, ensuring that such discrepancies are noted on the transport document and/or on the courier’s/forwarding agent’s delivery note. The Customer is also required to check the integrity of the package delivered. In the event that the package is damaged and/or shows signs of tampering (e.g. no adhesive tape sealing the package, or the adhesive tape is ripped/cut/opened), the Customer shall reject the package or, alternatively, shall accept the package with reservations, notifying the courier/forwarding agent of the signs of tampering and/or damage. The Customer shall, in any case, send a copy of the transport document or a copy of the courier’s/forwarding agent’s delivery note to the Seller, together with photographs of the damaged package and, in the event that the delivery was accepted with reservations, of the Product too.

  1. RIGHT OF WITHDRAWAL

7.1 Pursuant to article 52 of the Italian Consumer Code, the Consumer may withdraw from the Contract, without having to state any reason and without incurring any penalty, within fourteen days from the date on which he/she received the Products (i.e. from the date on which the Consumer or a third party, other than the courier, designated by the Consumer, acquires physical possession of the goods purchased).

The right of withdrawal applies only and exclusively to the entire Order. If the Order involves more than one Product, the right of withdrawal may not be exercised for only some of the Products ordered.

The Professional has no right of withdrawal.

7.2 The Consumer, in order to exercise his/her right of withdrawal properly, pursuant to article 54 of the Italian Consumer Code, shall send his/her notice of withdrawal to the Seller, within and no later than the term referred to in article 7.1, above, by registered letter with return receipt, addressed to the Seller’s registered office or by certified email to the Seller’s address. In order to communicate his/her withdrawal, the Consumer may use the specific form that can be downloaded from the Site (which complies with annex I, part B of the Italian Consumer Code), which must be completed in full and duly signed by the Consumer. Use of this form is not compulsory, provided that the Consumer clearly expresses his/her wish to withdraw from the Contract.

7.3 The Seller, having received a timely (sent within 14 days) and clear communication of the Consumer’s wish to exercise his/her right of withdrawal, shall promptly send confirmation of having received the withdrawal request to the Consumer, at the email address indicated by the same, together with instructions on how to return the Products.

The Consumer shall return the Products to the Seller, without undue delay, and, in any event, within fourteen days from the date on which the same communicated his/her wish to withdraw from the Contract. The Seller shall bear the transportation costs for the return of the Products. The Consumer shall return the Products, taking care to pack them in their original packaging (including the internal protective measures), avoiding damaging the Products or their packaging. The package must be complete with every accessory and every other item originally contained in the original package. The Consumer shall be required to return the Products using only a qualified courier, since he/she is responsible for the return shipment and the transportation conditions chosen (including the courier’s possible refusal to accept the package if the Consumer has packaged it poorly and/or for any loss and/or damage deriving from the transportation). The Seller shall check the integrity of the package and the Products upon receiving them and shall notify both the courier, upon delivery, and the Consumer, within five days from receiving the Products, of any discrepancies/damage that may prevent the price of the Products from being refunded, or that may result in a partial refund, depending on the seriousness of the damage to the Products.

7.4 Within fourteen days from receiving the withdrawal notice, the Seller shall refund the Consumer the price of the Products, using the same means used by the Consumer to pay for them, unless the latter has expressly agreed otherwise in his/her notice of withdrawal. The Seller shall, in any event, be entitled to withhold the refund until the returned goods are received or until the Consumer has clearly demonstrated that he/she has returned the goods, whichever is sooner.

7.5 The option of being able to exercise the right of withdrawal is excluded if the consumer:

– has ordered custom-made or personalised Products;

– has ordered Products, e.g. by taking advantage of an offer, which are liable to deteriorate or expire rapidly;

– has ordered sealed Products that cannot be returned for hygiene or health reasons and that were opened after delivery and/or consumed, even partially.

  1. WARRANTY

Pursuant to articles 129, 130 and 132 of the Italian Consumer Code, the Seller is liable towards the Consumer for any lack of product conformity (see article 129 of the Italian Consumer Code), which may become evident within two years from date on which the Products were delivered and which is reported to the Seller by the Consumer within two months from the date on which the defect is discovered. It is understood that, if the delivered Products, due to their perishable nature, are to expire in a period shorter than two years, the defect must be reported within the shorter expiry period.

The Consumer’s report is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.

The Consumer may send a report to the Seller by the same means used to send a notice of withdrawal, as referred to in article 7, above.

In the event that a defect is reported within the term provided for, since food products, by their very nature, are perishable and cannot be repaired, the Consumer shall have the right to have the defective Product replaced with an identical one or, in the event that supplies have been exhausted, with a Product of equivalent commercial value. In the event that a replacement is impossible or excessively burdensome, or causes significant inconvenience to the Consumer, or is not done by the Seller within a reasonable period of time, the Consumer shall be entitled, at his/her option, to a reduction in the price or to terminate the Contract. Terminating the Contract is, however, excluded in cases where the lack of conformity is minor and where it is not possible or is excessively expensive for the Seller to replace the Product.

  1. APPLICABLE LAW, COMPETENT COURT AND ALTERNATE METHODS OF DISPUTE RESOLUTION

The remote sales contract referred to in these General Terms and Conditions is governed by Italian law and, in particular: (i) in the case of a Consumer Customer, by the Italian Consumer Code, with particular reference to Chapter I, and by the Italian Legislative Decree on Electronic Communications; (ii) in the case of a Professional Customer, by the Italian Civil Code.

In the event of a dispute, the Consumer may resort to the out-of-court dispute resolution procedures referred to in Part IV, Title II-bis, of the Italian Consumer Code.

Territorial jurisdiction over the resolution of any dispute arising from the conclusion, interpretation or performance of the Contract: (i) in the case of a Consumer Customer, shall be that of the Judge at the place where the Consumer has his/her residence or domicile, if located in Italy; (ii) in the case of a Professional Customer and in all other cases, shall be that of the Judge at the Court of Grosseto, Italy.

  1. PROCESSING PERSONAL DATA

For information regarding the use of personal data, Customers may refer to the privacy policy published on the Site, which also applies to the data provided with the Contract.