Identification of the Supplier
The goods subject to these general conditions are to be sold by Agricola Trevi Il Frantoio SpA, located in Trevi (PG), via Bastia 1, Fraz. Matigge, registered with the Chamber of Commerce in Perugia under number 01524810544 of the Business Register, VAT 01524810544, hereinafter referred to as “Supplier.”
Art. 1 Interpretation
1.1.The term “contract for sale online” refers to the purchase agreement relating to movable tangible items of the Supplier, signed between Supplier and Buyer, as part of a remote sales system via telematics (web tools) organised by the Supplier.
1.2. The term “Buyer” refers to the physical person undertaking the purchase, which under this contract, are not to be used for purposes related to any commercial or professional activity.
1.3. The term “Supplier” refers to the party specified above or the providers of information services.
Art. 2 Subject of the contract
With this contract, respectively, the Supplier sells and the Buyer acquires remotely via telematics movable goods that are indicated and offered for sale on the site: www.oliotrevi.it.
Art. 3 Mode of securing the contract
The contract between the Supplier and the Buyer is concluded exclusively through the Internet upon access by the Buyer of www.oliotrevi.it. it where, following the procedures indicated, the Buyer formalises the proposal for the contract for the purchase of goods referred to in this agreement.
Art. 4 Effectiveness and conclusion of the contract
4.1. The purchase contract is concluded by filling in correctly both the application form and the consensus expressed with the online approval, which is always preceded by the display of the summary of the buyer’s order. This summary is printable and must include:
– The Buyer and the order details
– The price of the goods purchased
– The shipping charges and any additional charge
– Time limits and procedures of payment
– The address where the goods will be delivered
– The delivery time
– The existence of the right of withdrawal.
4.2. When the Supplier receives the order, he sends the Buyer an e-mail confirmation and order summary with also the reference to a web page with similar content. The e-mail or page is printable and reports the details mentioned in the previous point.
4.3. The contract is not deemed closed and effective between the parties if at fault of what laid down in the previous point.
Art. 5 Payment and refund procedures
5.1. The Buyer may pay only by means of one of the methods indicated by the Supplier into the web page intended for that purpose.
5.2. Any refund due to the Buyer will be credited through one of the methods proposed by the Supplier and chosen by the Buyer, in a timely manner and, in cases of the right of withdrawal, as provided for in Art 12 of this contract, no later than 14 days after the date on which the Supplier learns of the withdrawal.
5.3. All communications concerning payments are made on a Supplier’s dedicated line protected by an encryption system. The Supplier shall ensure the storage of this information with an additional security encryption layer, as provided for by the current legislation on protection of personal data.
Art. 6 Time and method of Delivery
6.1. The Supplier will deliver the ordered products, in the way chosen by the Buyer or as indicated on the website, and as confirmed in the e-mail referred to in Art 4.
6.2. The delivery time can vary from the day you order to a maximum of 15 working days from the confirmation of the order. In the event that the Supplier is unable to ship within that period but within the time indicated in the following point, prompt notice will be given by e-mail to the Buyer.
6.3. The shipping costs are the same throughout the Italian territory, and set at € 9.00 for any size and destination, WHILE they vary in case of international deliveries according to the State of destination AND the parcel WEIGHT. Terms and costs are clearly stated and well highlighted on this page.
Art. 7 Prices
7.1. All selling prices of the products displayed and indicated on the website are expressed in Euros and are offered to the public pursuant to art 1336 c.c.
7.2. The selling prices referred to in point 7.1., include VAT and any other taxes. Shipping costs and any other additional charges (e.g. Customs clearance), if present, although not included in the purchase price must be indicated and calculated prior to the processing of the order by the Buyer and also contained in the web page summary of the order.
7.3.The applied prices are those reported in the product fiche which, added to any other product and the shipping charges, make up the final purchase prices. The applied prices are those shown during the purchase confirmation. In case they are changed before payment or delivery, no increase will be applied to the client.
Art. 8 Product Availability
8.1. The Supplier assures the processing and fulfilment of orders without delay..
8.2. If an order exceeds the amount present in the warehouse, the Supplier, by e-mail, will make it known to the Buyer if the item is no longer available to reserve or the waiting times to receive their chosen products, asking then whether they intend to confirm the order or not.
8.3. The computer system of the Supplier confirms in the shortest possible time the registration of the order by forwarding a confirmation by e-mail, according to point 4.2.
Art. 9 Limitation of liability
9.1. The Supplier shall not assume any liability for disruptions caused by force majeure if unable to execute the order within the time stipulated in the contract.
9.2. The Supplier shall not be liable to the Buyer, except in cases of wilful misconduct or gross negligence, for outages or malfunctions related to the use of the Internet outside of its control or its subcontractors.
9.3. The Supplier will not be liable for any damages, losses and costs incurred by Buyer as a result of breach of contract for reasons not attributable to them. The Buyer shall only be entitled to a refund of the price paid and any charges incurred.
9.4. The Supplier shall not assume any liability for any fraudulent and illegal use that may be made by third parties, credit cards, cheques and other means of payment, for the payment of the products purchased, if they prove that they took all the precautions possible based on the best current knowledge and experience and according to ordinary diligence.
9.5. In no event shall the Buyer be liable for any delay or disruption in payment if they prove that they made payment in the time and manner specified by the Supplier.
Art. 10 Obligations of the Buyer
10.1. The Buyer agrees to pay the price of the purchased goods in the time and manner specified in the contract.
10.2. The Buyer agrees, once the online purchase process is over, to print and keep this contract.
10.3. The information contained in this agreement are read and accepted by the Buyer when ordering. The Buyer acknowledges this, as this step is mandatory before confirmation of purchase.
10.4.Upon delivery of the Products by the courier, the Buyer agrees to verify the integrity of the package that is delivered and the correspondence with the number of packages written in the transport document. The Buyer is aware that if the package is altered he must refuse delivery with the express indication of “Parcel tampered with”. The Buyer is aware that any damage to the package or to the Products or the mismatch in the number of packages must be immediately notified by descriptive reporting on the courier’s proof of delivery, under penalty of forfeiture of the right to raise future disputes as to the fairness, integrity and completeness of the package delivered.
Art. 11 Substitution of Products
11.1.The Buyer has the right to request the replacement of the products, in case of any damage during transportation, if he has indicated the damage to the courier, as indicated in article 10.4. This right must be exercised by the Buyer, subject to revocation, no later than five (5) working days from receiving the Product, by sending an email to the Supplier at the address email@example.com.
11.2.The Supplier agrees to send the Buyer the replacement products by his own courier without any additional cost, within a reasonable time of the request.
Art. 12 Right of withdrawal
12.1. The Buyer has in every case the right to withdraw from this contract without any penalty and without giving any reason, within 14 (FOURTEEN) working days from the day of receipt of the good purchased.
12.2. The Buyer who purchased in Italy will then return, at the expense of the Supplier, the Products purchased within a period of 14 (FOURTEEN) working days after delivery, provided that they have not been even partially used. If the Buyer exercises his right of withdrawal, the Supplier shall repay the sums already paid without undue delay and in any event no later than 14 days from the day on which the Buyer have communicated him his decision to withdraw.
12.3. The Buyer shall return to the Supplier the products unopened and unused, even if partially, or whole in their original packaging. It is possible to use the outer package, if carefully opened and then closed, or a new package, fit for deliveries, closed and not accessible. The products must be delivered to the carrier within 14 (fourteen) working days after receipt. The return of the Products is at the Buyer own expense.
12.4. The Buyer agrees to deliver the package, properly prepared, to the carrier and to inform the Supplier of the withdrawal by sending an email to firstname.lastname@example.org within 14 working days. If the products are delivered outside the Italian territory, all costs to return the purchased products will be borne by the Buyer. For more information about the rules of return, contact the firm at the e-mail email@example.com.
12.5. The Supplier shall contact the Buyer by e-mail, in case his returned goods can not be accepted because found not to comply with the conditions herein described.
12.6. The Buyer acknowledges and understands that he can not exercise the right of withdrawal in case of:
– failure of the essential integrity of the product (of the package or of its contents),
– damage of the packaging containing the Product
– failure of essential elements of the Product.
12.7. The Buyer acknowledges that the right of withdrawal can not be exercised for highly perishable products, which, by their texture and nature, are likely to deteriorate or expire rapidly.
12.8. If the Buyer decides to exercise the right of withdrawal, he should notify the Supplier by registered mail with return receipt at Via Bastia 1, Fraz. Matigge, 06039 Trevi (PG). Communications also apply by fax to the number 0742/392441 or by e-mail at firstname.lastname@example.org, provided confirmed by sending a registered return receipt at the above address within 48 (forty-eight) hours. It shall prevail between the parties the stamp on the receipt issued by the post office. In order to exercise the right to withdraw such notice may be validly replaced by the return of goods purchased, provided on the same terms. It shall prevail between the parties the date of delivery to the post office or courier.
12.9. The only costs payable by the purchaser to exercise the right of withdrawal in accordance with this article is the direct cost of returning the goods to the Supplier, unless the Supplier do not agree to pay them.
12.10. The Supplier shall reimburse the entire amount paid by the Purchaser within 14 (fourteen) days of receipt of notice of withdrawal.
12.11. With the receipt of the notice with which the Buyer notifies their exercising of the right of withdrawal, the Parties of this agreement are dissolved by mutual obligations, except as provided in paragraphs of this Article.
Art. 13 Grounds for cancellation
13.1. The non-compliance with the obligations set of essential character listed below will result in the termination of the contract pursuant to ex Art 1456 cc, without any judicial decision.
13.2. The essential obligations are:
– The obligations assumed by the Supplier as referred to in Article 6
– The guarantee of successful payment that the Buyer makes by means referred to in paragraph 5.1
– The obligations assumed by the Buyer referred to in point 12.
Art. 14 Protection of confidentiality and data processing of the Buyer
14.1. The Supplier protects the privacy of its customers and ensures that the data processing complies with the provisions of the privacy legislation of Legislative Decree no. 30 June 2003, n. 196.
14.2. Personal data collected directly and/or through third parties by the Supplier, owner of the treatment, are collected and processed in printed, computer, telematics formats, in relation to the treatment methods with the purpose of registering the order and activate provide them with the procedures for the execution of this contract and the necessary communications, in addition to the fulfilment of any obligation of the law, and to enable effective management of business relationships to the extent necessary to perform the best service required (Article 24, paragraph 1, lett. b, Legislative Decree no. 196/2003).
14.3. The Supplier undertakes to treat as confidential the data and information submitted by the Buyer and to not disclose to unauthorised persons, or to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data can be produced only at the request of the Court or other authority authorised by law.
14.4. Personal data will be disclosed after the signing of a commitment to confidentiality of data, only to delegates to carry out activities necessary for the execution of the contract and disclosed only for that purpose.
14.5. The Buyer has the rights under Article 7 of Legislative Decree no. 196/2003, that is to say to obtain:
14.6. The communication of personal data by the Buyer is a necessary condition for the proper and timely execution of this contract. Failing that, it can not be given with a request by the Buyer.
14.7. In any case, the data collected will be kept for a period of time exceeding that necessary for the purposes for which it was collected and subsequently processed. Their removal will take place in a secure manner.
14.8. The party in charge of the collection and treatment of personal data is the Supplier, to whom the Buyer can direct all requests.
14.9. All communication that arrives to the postal address (and to the electronic address) of the Centre (requests, suggestions, ideas, information, material etc.) will not be regarded as information or data of a confidential nature, must not violate the rights of others and must contain valid information factual and not harmful to the rights of others. In any case the Centre accepts no responsibility for the content of the messages themselves.
Art. 15 Archiving mode of the contract
Pursuant to Art 12 of the Legislative Decree 70/2003, the Supplier shall notify the Buyer that any order sent is stored in digital/paper form on the server/at the headquarters of the Supplier in accordance with criteria of confidentiality and security.
Art. 16 Communication and complaint handling
16.1. Written communications to the Supplier and any complaints will be considered valid only if sent to:
– Address: Via Bastia 1, Fraz Matigge, 06039 Trevi (PG),
– Fax 0742/392441
– By e-mail to email@example.com.
16.2. The Buyer indicates in the registration form their residence or domicile, telephone number or email address to which they wish to be sent notices from the Supplier.
Art. 17 Composizione delle controversie
17.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Milan and resolved according to the Conciliation Rules adopted by them.
17.2. QIf either Party intends to appeal to the ordinary judicial authority, the jurisdiction is that of the place of residence or domicile of choice of the Consumer, mandatory under Article 33, comma 2, letter u of Legislative Decree 206/2005.
Art. 18 Applicable law and referral
18.1. This agreement is governed by Italian law.
18.2. Although not expressly provided the rules of applicable laws to the relationship and to the cases described in this agreement apply, and in particular Article 5 of the Rome Convention of 1980.
18.3. Under Article 60 of Legislative Decree 206/2005, the provisions contained in Part III, Title III, Chapter I of the Legislative Decree 206/2005 are expressly invoked.
Art. 19 Final clause
19.1. This agreement repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties concerning the subject of this contract.
19.2. The Buyer declares to have read, carefully read, understood and specifically to approve, pursuant to and by effect of art 1341 cc and Legislative Decree 6 September 2005 no 206, the following clauses of the General Conditions the title of which is shown by way of example: Art 4 Effectiveness and conclusion of the contract. Art 5 Payment and refund procedures, Art 7 Prices, Art 10 Obligations of the Buyer, Art 12 Right of withdrawal, Art 13 Grounds for cancellation, Art 14 Protection of confidentiality and data processing of the Buyer, Art 17 Settlement of disputes, Art 18 applicable law and referral.