(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, “General Conditions”) have as their object the regulation of the purchase of products and services, carried out remotely and made available, via the Internet, from the site www.oliogeraci.it (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: OLIVOIL S.r.l., with registered office in Via Pergole, 57 – 91028 Partanna (Tp) and C.F./P.I. 02281100814 and registered in the Business Register of Trapani REA: TP – 158785, E-mail address: info@oliogeraci.it.
The consumer who accesses the Site to make purchases (hereinafter “Customer”) is required, before sending the order, to carefully read these General Conditions which have been made available to him on the Site.
In the event that the person making purchases on the Site requests the issuance of an invoice 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 provisions pursuant to art. 7 and 8 of these General Conditions nor, more generally, the provisions which, pursuant to the same Consumer Code, apply only to “consumers”.
The contracts concluded with OLIVOIL S.r.l. through the Site are governed by these General Conditions in compliance with Italian legislation. The language available to conclude the contract is Italian.
2. Choose and order the Products
The characteristics and price of the various products on sale on the Site (hereinafter the “Product” or “Products”) are shown on the page relating to each Product.
To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the “Cart” and, after having read the General Conditions and the Privacy Policy and confirmed their acceptance, must enter the shipping and billing data, if any, 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 he has read all the information provided to him during the purchase procedure and that he fully accepts these transcribed General and Payment Conditions.
The contract stipulated between OLIVOIL S.r.l. and the Customer must be considered concluded with the acceptance of the order by OLIVOIL S.r.l.. This acceptance is communicated to the Customer through an email confirming the order itself containing 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 email and if he identifies errors in the order he will have 12 hours from receipt of this email to contact Customer Service directly from the Site using the appropriate contact form accessible via the “Contact” page. After this term, the order will be processed for shipment and changes will no longer be accepted, without prejudice to the Customer’s rights referred to in article 7 below.
Once the order has been received, OLIVOIL S.r.l. will check the availability of stocks for the execution of the order. In the event that one or more Products are not available, the Customer Service of OLIVOIL S.r.l. will send timely communication via email to the Customer who, within the following 12 hours, will have the right to reply to confirm the shipment of any additional Products available or cancel it. In the event of no response within this period, the order will be considered confirmed and the available Products will be shipped. If only a few Products are not in stock, OLIVOIL S.r.l. will process the order with the available Products. In both cases, the amount relating to the missing Products will be reversed immediately depending on the payment method chosen.
3. Product Information
The information and characteristics relating to the Products are available, with the relative Product codes, on the Site.Products
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and qualities but may differ in color and size. In case of difference between the image and the written product sheet, the description of the product sheet always prevails. Exceptions are the ceramic bottles of Geraci oil which, being hand-decorated craft bottles, will never correspond (in decoration) to the image of the same available on the site or in the technical sheet, but will have a manufacturing style that belongs to the artist “Nino Wig”.
4. Prices and shipments
Product prices are inclusive of all taxes and duties All prices are expressed in Euros.
Shipping to Italy:
Throughout Italy, shipping is free for orders over €450 (VAT included), for lower amounts, the shipping cost is expressed by OLIVOIL S.r.l. during the order acceptance phase, however it is possible that OLIVOIL S.r.l. occasionally offers free transport to the Italian territory for promotional purposes and at its sole discretion.
Shipments abroad:
The cost of shipping abroad will be expressed in the order acceptance phase by OLIVOIL S.r.l. and will be considered accepted by the customer following payment.
The shipping prices concern only the Products purchased through the Site and are not applicable to other Products sold by OLIVOIL S.r.l. Methods of payment and billing
5.1 Payment Methods
The Customer may pay the price of the Products and the relative delivery costs by credit card, PayPal and bank transfer. To ensure maximum security, the Customer will carry out the payment transaction directly on the secure PayPal or bank server.
PayPal
Once the order has been confirmed, the Customer will be redirected to the PayPal site where he can make the payment with his account or using a card, even a prepaid one, or in any case according to the methods accepted by Paypal and in compliance with the relative conditions.
Wire transfer
The Customer must make the transfer within 3 days from the date of the order. If this does not occur, 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 desire not to confirm the purchase or to other causes.
Data for the transfer
Beneficiary: OLIVOIL S.r.l
IBAN: IT02D0103004602000004264759
BIC/SWIFT: PASCITM1PA2
Bank: MONTE DEI PASCHI DI SIENA AG. 2 PALERMO
Reason: the Customer must indicate the date and order number in the reason for the transfer, which can be found in the confirmation email (e.g. “Order 01/01/20 n. 345”).
5.2 Billing of orders
If the purchase is made by a professional, it will be possible to request the issuance of the invoice and entering the billing data including the tax code and/or VAT number and Unique Code. In this case, the courtesy invoice will be sent via email to the address indicated. The professional is responsible for correctly entering the billing data and is expressly informed that, in the event of failure to enter the tax code/VAT number and Unique Code, it will not be possible to request an invoice even later.
6. Transportation and delivery
The Products purchased on the Site will be delivered to the billing address indicated by the Customer during the purchase procedure, unless the Customer has specified a different shipping address by filling in the data in the appropriate section of the Checkout.
All purchases will be delivered by express courier (hereinafter, the “Courier”) from Monday to Friday, excluding holidays and national holidays. OLIVOIL S.r.l. is not responsible for unforeseeable or non-attributable delays.
Once the Products have been shipped, the Customer will receive a confirmation email which will include a link to refer to for tracking the shipment.
In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within a period of 7 (seven) working days from the day following the day on which OLIVOIL S.r.l. confirmed the order to the Customer by means of an order confirmation email.
7. Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without explanation and without penalty, subject to the cases of exclusion provided for in Section IV below. In order to exercise this right, the Customer must send OLIVOIL S.r.l. a notice within 14 days from the date of receipt of the Products using the form that can be downloaded here: https://www.oliogeraci.it/Informativa-sul-diritto-di-recesso.pdf or, if the Customer intends to exercise withdrawal before having received the Products, the notice of withdrawal may be sent at any time prior to their receipt.
Such notice should be sent by registered letter with return receipt, addressed to: OLIVOIL S.r.l., Commercial Office, Via Filippo Cordova, 69, Palermo (PA).
The Customer Service of OLIVOIL S.r.l. will provide, once received the communication, 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 via courier indicated by OLIVOIL S.r.l. itself.
The right of withdrawal is governed by the following conditions:
I. The right 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 withdrawal only on part of the Product purchased.
II. In case of exercise of the right of withdrawal OLIVOIL S.r.l. 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 the right of OLIVOIL S.r.l. to suspend the payment of the refund until the actual receipt of the goods. The refund will be made using the same method of payment used by the Customer, unless the Customer has expressly requested a different method. In case of bank transfer, it will be the Customer’s responsibility to provide the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
III. Also in order to be able to guarantee free return under Article 8 below, the Products must be returned in the same box in which they were received.
1. In addition to the cases indicated in the Foreword (non-consumer customer and/or requesting invoice), the right of withdrawal is excluded in the following cases, pursuant to Art. 59 legislative decree. 21/2014:
– Ordering custom-made or clearly customized Products; – Ordering Products that are likely to deteriorate or expire quickly;
– order of sealed Products that are not suitable for return for hygienic or health protection-related reasons or that have been opened after delivery.
With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that Products that are “likely to deteriorate or expire rapidly” include all food products (including wines, spirits and beverages). Therefore, for reasons of hygiene and protection of Customers, the right of withdrawal is applicable only for Products purchased on the Site that can be returned to OLIVOIL S.r.l. and put back on the market without danger to the health of consumers.
In cases where the right of withdrawal is excluded, OLIVOIL S.r.l. will return the purchased Products to the Customer, charging the same for shipping costs.
8. Free Return in case of exercising the right of withdrawal
As a more favorable condition for the Customer, OLIVOIL S.r.l. keeps the shipping costs for the return of the Products in case of the exercise of the right of withdrawal in full.
In order to benefit from such free shipping, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in Article 7 above and wait to be contacted by OLIVOIL S.r.l. to agree on the return of the Products to the courier.
9. Warranty and Conformity Defects
In case of conformity defects of Products sold by OLIVOIL S.r.l., the Customer must immediately contact Customer Service using the appropriate contact form accessible on the Site via the “Contact” page.
The legal guarantees provided for in Articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer shall have the right, at his or her option and provided that the type of the Product permits, to restoration, without charge, of the conformity of the Product by repair or replacement, or to an appropriate price reduction, or to termination of the contract. The Customer shall forfeit these rights if he does not report the lack of conformity to OLIVOIL S.r.l. within the term of ten days from the date on which he discovered the defect, provided that the Product in question is not one that by its nature is perishable or subject to expiration in a shorter term, in which case the defect must be reported within such reduced term.
10. Errors and limitations of liability
The product information provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which, therefore, OLIVOIL S.r.l. cannot be held responsible, except in cases of intent or gross negligence.
OLIVOIL S.r.l. reserves the right to correct errors, inaccuracies or omissions even after an order has been submitted, or to change or update information at any time without prior notice, without prejudice to the Customer’s rights under these General Conditions and the Consumer Code.
Except in cases of willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of an indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or fulfillment, even partial, of an order, is excluded.
OLIVOIL S.r.l. promotes the responsible consumption of alcoholic beverages and excludes any liability on its part, except in cases of willful misconduct or gross negligence, in the case of purchases made by children under 16 years of age.
11. Complaints
Any complaint must be forwarded to OLIVOIL S.r.l. using the appropriate contact form accessible directly on the Site via the “Contact” page, or by registered mail with return receipt to the following address:
OLIVOIL S.r.l., Commercial Office, Via Filippo Cordova, 69, Palermo (PA).
OLIVOIL S.r.l. undertakes to respond to all requests received within a maximum of 10 working days.
12. Online consumer dispute resolution (ODR)
If you are a European consumer, you should be aware that the European Commission has made a dedicated alternative dispute resolution tool available to all European residents. To access the platform click here.
13. Applicable law and place of jurisdiction
The sales contract between the Customer and OLIVOIL S.r.l. is concluded in Italy and governed by Italian Law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or individual purchase orders if the Customer is a consumer under the Consumer Code, the court of his town of residence or domicile if located in the Italian territory will have exclusive jurisdiction; in all other cases, the territorial jurisdiction is exclusively that of the Court of Palermo, any other jurisdiction excluded.
Pursuant to Article 1341 of the Civil Code, the Customer declares that he/she has read and specifically accepts the following articles of these General Conditions: 7 (Right of withdrawal), 10 (Errors and limitations of liability).