General Terms and Conditions of Sale
Frantoio Olive Barbarano snc, owner of website frantoiobarbarano.com, is registered with the Trade Register under Economic and Administrative Index number VI 276541. The company’s postal address is Via A. Ferretto, 1 – 36021 Barbarano Mossano (VI) and its email address is info@frantoiobarbarano.com.
Each order made of a product displayed on the online shop at website frantoiobarbarano.com presumes the prior consultation and acceptance of these general terms and conditions of sale. Clicking on the order validation button implies full acceptance of these conditions. This click to validate the order constitutes an “electronic signature”
Purpose
These general terms and conditions of sale are intended to define the rights and obligations of the parties in the field of online sales of goods offered by the seller to the consumer.
Order confirmation
The contractual information will be the subject of a confirmation email sent to the address provided by the consumer within the order.
Proof of transaction
The computerised records, saved in the IT systems of www.crearegestireunsitoecommerce.com under reasonable conditions of security, will be considered as proof of communications, orders and payments made between the parties.
The record of order forms and invoices is made on a reliable and long-lasting medium that can be provided as proof.
Product information
Every effort has been made to ensure that the information displayed on the seller’s website is accurate. The seller or its suppliers are therefore not responsible for the consequences, incidents or special damage that may arise from electronic transmissions or the accuracy of the information transmitted even if the seller became aware of the possibility of such damage. The names and brands of products and/or manufacturers are used solely for identification purposes. The photos, descriptions and prices of products are not contractual.
Term of validity of the offer and related price
Our prices are valid for the day.
Delivery method
Products are delivered to the address provided by the consumer on the order and only in the geographical areas that we serve.
All products leave our warehouse in perfect condition. The customer must report any small defect (holes, indentations, etc.) on the package to the carrier (or postman) and in this case refuse the package. A new and identical product will then be sent out to you at no cost.
Products reported as damaged during transportation retrospectively cannot be exchanged, without any reserve being made upon receipt of the package.
As with any shipment, delays may occur or the product may be lost. In this case, we shall contact the carrier to initiate an investigation. All efforts will be made, with all the time necessary, to trace this package. In this case, the merchant will be refunded by the carrier who will deliver a new identical package at its own expense.
We decline all liability for delays to the delivery times made by the carrier, particularly in cases of loss of product, bad weather or strikes.
Delivery issues caused by the carrier
Any anomaly concerning the delivery (damage, missing product from the delivery order form, damaged package, broken products, etc.) must be promptly reported on the delivery form in the form of a “handwritten reserve” together with the customer’s signature.
The consumer must also disclose this anomaly to the carrier by sending a registered letter with acknowledgement of receipt outlining the complaints within two (2) working days after the delivery date.
The consumer must send a copy of this letter to the seller’s address. We are unable to make any change without this record.
Delivery errors
The consumer must make any complaint to the seller on the same day as delivery or at the latest on the first working day following delivery regarding the delivery error and/or non-conformity of products as to the nature or quality indicated on the order form.
Any complaint made after this deadline will be refused.
The lodging of this complaint to the seller can be sent to the seller’s address.
Any complaint not made in accordance with the rules defined above and within the defined terms cannot be taken into consideration and will release the seller of any liability towards the consumer.
In the event of an error in the delivery or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging in perfect condition to the seller’s address.
In order to be accepted, each return must be reported and have the prior agreement of the seller who, if in agreement, shall resend the package to the correct address.
Shipping costs shall be borne by the seller, except where the product does not correspond to the declaration of origin made reasonably by the consumer for the return.
Product warranty
These provisions cannot deprive the consumer of the legal guarantee that obligates the commercial seller to warrant it against all consequences of hidden defects on the item sold.
If the damage is caused by a person or a defective good, only the manufacturer’s liability can be pursued by the consumer, on the basis of the information published on the packaging of said product.
Right of withdrawal
The right of withdrawal is applied only to natural persons.
In accordance with articles L. 120-20, the consumer has a period of seven (7) calendar days to return unsuitable products at their own expense. This term commences upon receipt of the order by the consumer. Each return can be reported in the first instance to the seller’s customer service. The product must be returned to the seller’s address.
The products must remain unopened in order for the consumer to benefit from the right of withdrawal.
Only products returned in their entirety, in their complete and intact original packaging and in perfect condition for resale will be accepted. Any product that is damaged or whose original packaging is damaged will not be refunded, accepted or changed. This right of withdrawal is exercised without any penalty, except for shipping and return costs. If the right of withdrawal is exercised, the consumer can choose to request a refund of the amount paid or to exchange the product. In the case of an exchange, reshipment shall be made at the expense of the consumer.
If the right of withdrawal is exercised, the seller shall make every effort to refund the consumer within a period of thirty days.
Right of use
The use of the brands displayed on the website is strictly prohibited.
Force majeure
Neither party will have failed in its contractual obligations, insofar as their execution will be delayed or prevented by a fortuitous case of force majeure. Force majeure shall be deemed any act or circumstance that is compelling, external to the parties, unpredictable, inevitable, beyond the control of the parties and that cannot be prevented by the latter, despite all efforts reasonably possible.
The party affected by such circumstances shall notify the other party within three working days following the date on which they became aware of it.
At this point, the parties will contact each other within a period of three months, unless made impossible by the case of force majeure, to examine the effect of the event and to agree the conditions in which the execution of the agreement shall be continued.
If the case of force majeure lasts for more than one month, these general terms and conditions of sale may be terminated by the disadvantaged party.
Cases of force majeure or fortuitous cases, in addition to those usually deemed by the case law of Italian processes and courts shall expressly include: the blockage of transport, earthquake, fires, storms, floods, lightning, the blocking of telecommunications networks or difficulties specific to telecommunication networks external to customers.
Partial invalidity
If one or several stipulations in these general terms and conditions are considered invalid or declared as such by application of a law, regulation or following a definitive decision of the competent legal authorities, the other stipulations will maintain all their power and scope.
Non-waiver
The choice by one of the parties to not rely on the failure by the other party towards any obligation enclosed in these general terms and conditions of sale, cannot be interpreted for the future as a claim to the obligation in question.
Applicable law
These general terms and conditions are subject to Italian law. It is thus established for both the ground rules and procedural rules.
In the event of a dispute or complaint, the consumer shall firstly contact the seller to obtain a consensual solution.
Protection of personal data
All data that you provide to us is for the purpose of processing your order.
In accordance with Legislative Decree n. 196 of the 30th June 2003 concerning the protection of personal data, consumers have the right to make a request to the seller to rectify, view, amend and remove the data that they have provided. This right may also be used online.
Disputes
Every order placed via the seller’s website implies the customer’s adherence, without any restriction, to the seller’s general terms and conditions.
In the case of a sale to a natural person, any dispute relating to the sale (price, products, etc.) shall be subject to Italian law before the Commercial Court of the seller’s headquarters.
