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1. INTRODUCTION
This document (together with the documents mentioned therein) contains the conditions that regulate the use of this website (https://www.oliotraldi.com) and the purchase of the items contained therein (hereinafter the “Conditions”) Please carefully consult these Conditions, the Cookies Policy and the Personal Data Protection Policy (hereinafter jointly the “Data Protection Policies”) before using this website. We inform you that the use of this website or the transmission of an order through it implies acceptance of these Conditions and the Data Protection Policies, so if you do not agree with all the aforementioned Conditions and the Data Protection Policies, please do not use this website. For any request, doubt or question relating to the Data Protection Conditions and Policies, you can contact us using the contact form.
2. OUR DATA
The sale of products through this site is managed under the name Olio Traldi – Francesca Boni, a company incorporated under Italian law with registered office in: Strada Poggio Montano, 34 (Loc. La Carrozza) – 01019 Vetralla (VT), registered in the register of companies VAT number: 09997961009
Customer Service Contact Details:
email – info@oliotraldi.com
3. YOUR DATA AND YOUR ACCESS TO OUR WEBSITE
The information or personal data provided by you will be processed in accordance with the Data Protection Policies. By using the website, you authorize us to process such information and personal data and declare that all information and/or data personal data provided to us are accurate and truthful.
4. USE OF OUR WEBSITE
By using this website and/or placing orders through it, you agree to:
(i) use the website only to carry out legally valid consultations or orders;
(ii) do not place false or fraudulent orders. If we have plausible reasons to believe that an order of this nature has been placed, we will be authorized to cancel it and inform the competent authorities;
(iii) provide us with your email address, postal address and/or other contact information truthfully and correctly. Likewise, you consent to our use of this information to contact you (if necessary, please read the Personal Data Protection Policy). If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you guarantee that you are of legal age (18 years or older) and that you have the legal capacity to enter into binding contracts.
5. AVAILABILITY OF THE SERVICE
The items offered through this website are available exclusively for delivery on Italian territory (with the exception of San Marino, Liviano, Campione d’Italia and the waters of Lake Lugano).
6. METHOD OF COMPLETION OF THE CONTRACT
The information referred to in these Conditions and the details contained in this website do not constitute an offer to the public, but rather a mere invitation to formulate a contractual proposal. No contract will exist between you and us in relation to any products until your order has been expressly accepted by us. If your offer is not accepted and your account has already been debited, the amount of the same will be refunded in its entirety. To place an order, you must follow the online purchase process. Subsequently, you will receive an email confirming receipt of your order (It is understood that this will not imply acceptance of your order as it constitutes an offer that you make to us for the purchase of one or multiple products. All orders will be subject to our approval of which you will be informed by us sending you a confirmation email that your order is being dispatched. The contract for the purchase of a product between us and you (the “Contract”) will be considered concluded only when we send you the Shipping Confirmation. Only the products indicated in the Shipping Confirmation will be the subject of the Contract. We will not be obliged to supply you with any other products that have not been ordered until it will be confirmed in the Shipping Confirmation that this product has been shipped.
7. AVAILABILITY OF PRODUCTS
All product orders are subject to product availability. In this sense, in the event of supply problems, or if there are no items in stock, we reserve the right to provide you with information relating to replacement products of equal or greater quality and value, which you may decide to order. If you do not wish to place an order for such replacement products, we will refund any amounts already paid by you.
8. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any products from this website at any time and/or to delete or edit any materials or content therein. While we will always endeavor to process all orders, there may be exceptional circumstances that require us to refuse to process orders after the Order Confirmation has been sent, and we reserve the right to do so at any time. We have no liability to you or any third party for removing any products from this website, deleting or editing any materials or content on the website, or failing to process your order after it has been submitted. of the Order Confirmation.
9. DELIVERY
Without prejudice to the provisions of the previous article 7 and except where extraordinary circumstances arise, we undertake to do everything in our power to send the order of the product(s) indicated in the relevant Shipping Confirmation by the date indicated in such Shipping Confirmation or, if no delivery date is specified, within the estimated deadline at the time of selecting the delivery method and, in any case, within the maximum period of 30 days from the date of the Order Confirmation. However, delays may occur for various reasons such as product customization, the occurrence of unforeseen circumstances or the delivery area. If for any reason we are unable to meet the delivery deadlines, we will inform you and give you the options to continue the purchase by setting a new delivery date, or to cancel the order, with the consequent refund of the full amount paid . For the purposes of these Conditions, the “delivery” will be considered as having occurred or the order “delivered” through the acquisition, by you or by a third party indicated by you, of the material availability or in any case of the control of the products, which will be proven by signing the order receipt to the agreed shipping address.
10. IMPOSSIBILITY OF DELIVERY
If we are unable to complete the delivery of your order, we will try to find a safe place to leave it. If this is not possible, your order will be sent to our warehouse. In this case, we will leave you a notice specifying the location of your order and how to arrange a new delivery. If you are unable to be present at the delivery location at the agreed time, we ask you to contact us again to agree on a new delivery date.
delivery. If delivery cannot take place for reasons not attributable to us after 30 days from the date on which your order is available for delivery, we will assume that you intend to terminate the Contract which will therefore be considered terminated. As a result of termination of the Contract, we will refund all amounts paid by you, excluding delivery costs and the exclusion of any additional costs resulting from your choice of a delivery method other than the ordinary method offered by us) without unjustified delay and, in any case, within 14 days from the date of termination of the Contract. Please note that freight resulting from termination of the contract may
have additional costs which will be borne by you.
11. PASSING OF RISK AND OWNERSHIP OF THE PRODUCTS
The risks relating to the products will pass to you from the moment of their delivery. You will acquire ownership of the products as soon as we have received full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (as defined in article 9 above), if this occurs at a later time .
12. PRICE AND PAYMENT
12.1 Price
The price of the products will be as indicated from time to time on our website, except where there is an obvious error. Although we undertake to do everything in our power to ensure that all prices appearing on the site are correct, errors may occur. If we discover any errors in the price of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct amount or canceling it. If we are unable to contact you, the order will be canceled and the full amount paid will be refunded. We will have no obligation to supply you with the product(s) at the lower price incorrectly indicated (even if we have already sent you the Shipping Confirmation) if the error in the price was obvious and unmistakable and therefore if it was reasonably possible for you to detect it as incorrect. The prices on the website include VAT, but exclude shipping costs, which are added to the total amount to be paid.
12.2 Shipping Costs.
Prices may change at any time; however (except where previously established) possible changes will not affect orders for which we have already sent an Order Confirmation.
Once you have selected the items you wish to purchase, these items will be added to your cart and the next step will involve completing the order and paying. To this end, you must follow the purchase instructions, entering or verifying the information requested at each step of the purchase process. Furthermore, you can modify the details of your order at any time during the purchase process before payment. You can find a detailed description of the purchasing process in the Purchasing Guide. Furthermore, if you are a registered user, a list of all your orders will be available in the “My account” section.
12.3 Payment
You can pay with Visa, Mastercard, American Express and credit cards
via PayPal.
13. VAT (VALUE ADDED TAX)
In accordance with current legislation, every purchase made through the website will be subject to Value Added Tax (VAT), except those that have the Canary Islands, Ceuta and Melilla as their destination. In this regard, and in accordance with Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006, relating to the common system of value added tax (VAT), deliveries will be considered located in the State member that appears in the delivery address of the items, the applicable VAT being that legally in force in each Member State of destination of the items that have been delivered in each order. In compliance with the legislation applicable in each jurisdiction, in deliveries of goods made in certain member countries of the European Union to an entrepreneurial or professional recipient, the so-called rule may be applicable. “reverse charge” (article 194 of Directive 2006/112/EC). In this case, we will not apply VAT, provided we receive confirmation from the recipient that the VAT on the products purchased will be paid by the recipient within the scope of application of the “reverse charge”. In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by virtue of the provisions of article 146 of the aforementioned Directive, without prejudice to the application of the corresponding taxes and duties compliant with the legislation in force in each of them .
14. RETURN/EXCHANGE POLICY
14.1 Right of withdrawal by law
If you are contracting as a consumer, you will have the right to withdraw from the Contract within 14 days without having to give any reason. The withdrawal period referred to in the previous paragraph ends after 14 days starting from the day on which you, or a third party other than the carrier and designated by you, acquires physical possession of the goods or, in the case of multiple goods ordered through a single order and delivered separately, ends 14 days after the day on which you or a third party other than the carrier and designated by you acquires physical possession of the last good. To exercise the right of withdrawal you must inform us, by writing to email – info@oliotraldi.com or by writing in the appropriate contact form, of your decision to withdraw from the Contract via an explicit declaration by email). To this end, you can use the attached standard withdrawal form, but it is not mandatory. To comply with the withdrawal deadline, it is sufficient for you to send the communication relating to the exercise of the right of withdrawal before the withdrawal period expires.
14.2 Effects of withdrawal
If you withdraw from the Contract, you will be refunded all payments you have made to us, excluding delivery costs without undue delay and in any case no later than 14 days from the day on which we were informed of your decision to withdraw from the Contract. In any case, you will not incur any costs as a result of such reimbursement. Without prejudice to the foregoing, the refund may be suspended until receipt of the goods or until you demonstrate that you have sent the goods back. You are only responsible for diminished value of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
14.3 Common provisions
You will not be able to exercise the right of withdrawal from the Contract which has as its object the supply of one or more of the following products:
1. Personalized items.
2. Music CDs/DVDs, without the original packaging.
3. sealed goods that are not suitable for return for hygienic reasons and are
been opened after delivery.
Your right to withdraw from the Contract will apply exclusively to those products returned in the same conditions in which you received them. No refund will be made if the product has been used beyond simple opening and for products that are not in the same condition in which they were delivered or if they have been damaged: We therefore invite you to take care of the products as long as they are in His availability and possession. Please return the item using or including in the package the original packaging, instructions and other documents, if any, that accompany the products. In any case, you will have to return the product to be returned together with the delivery note received upon delivery of the product.
14.4 Returns by forwarder / courier
You will need to contact us using the return request form to allow us to organize collection from your residence address. You must return the product in the wrapping and package in which you received it, following the instructions in the “RETURNS” section of this website.
After evaluating the condition of the item, we will inform you if you will be entitled to a refund of the amount paid. Shipping costs will be refunded if the right of withdrawal is exercised within the established deadline and all products included in the same delivery are returned. The refund will be made as soon as possible and in any case within 14 days from the date on which you informed us of your intention to withdraw from the Contract. Without prejudice to the foregoing, the refund may be suspended until receipt of the goods or until you demonstrate that you have sent the goods back, whichever is earlier. The refund will always be made via the payment method used to make the purchase.
You will be responsible for the costs and risks of returning the products, as indicated above. If you have any questions, you can contact us via our contact form.
14.5 Return of defective products
If you believe that at the time of delivery the product does not comply with the provisions of the Contract, you must immediately contact us using our contact form, indicating the product data as well as the damage suffered and we will inform you of the procedure to follow. You will have to return the product to the address indicated in the document you will receive upon delivery. We will carefully examine the returned product and will notify you by email, within a reasonable timeframe, whether we will refund or replace the product (as applicable). The refund and/or replacement of the item will be carried out as soon as possible and, in any case, within 14 days from the date of our sending an email with which we will confirm that we will proceed with the refund or replacement of the item unsuitable. The amount paid for products that will be returned due to damage or defects, if actually existing, will be refunded in full, excluding delivery costs incurred for sending the item and for returning it by you. All rights recognized by current legislation remain unaffected.
15. RESPONSIBILITY AND EXEMPTION FROM LIABILITY
Except as otherwise provided in these Terms, our liability in respect of products purchased on our website will be limited solely to the purchase price of the product in question. Without prejudice to the foregoing, our liability is not excluded or limited in the following cases:
a) Cases of fraud or fraudulent activity; or
b) Any circumstance in which it would be illegal or illicit for us to exclude,
limit or attempt to limit or exclude our liability.
Without prejudice to the provisions of the previous paragraph and to the extent permitted
by current legislation, and except where otherwise provided in these Conditions,
we will not accept any liability for indirect damages, such as:
the. loss of profit;
ii. loss of business volume;
iii. loss of earnings or loss of contracts;
iv. loss of anticipated savings;
v. data loss; as well as
you. waste of office administration time.
Due to the open nature of this website and the possibility that errors may occur in the storage and transmission of digital information, we do not guarantee the accuracy or security of any information transmitted or obtained through this website, unless expressly stated to the contrary. All product descriptions, information and materials appearing on the website are provided “as is” and without express or implied warranties, except those required by law. In this sense, if you are contracting as a consumer or user, we undertake to deliver products that comply with the Contract, remaining responsible for the lack of conformity existing at the time of delivery. It is understood that the products comply with the Contract if (i) they comply with the description provided by us and possess the qualities presented on this website, (ii) they are suitable for the use for which the products are normally intended, (iii) they show quality and features that are normal in products of the same type and that can reasonably be expected. To the extent permitted by law, we exclude all guarantees, except those that cannot legitimately be excluded for consumers and users. Our products, especially handmade ones, feature the natural characteristics of the materials used in manufacturing. Natural characteristics such as grain, surface texture, knots or color variation should not be construed as imperfections or defects. On the contrary, the lack of uniformity due to the use of natural raw materials must be expected and appreciated. We select only quality products but this type of variation is inevitable and must be accepted as part of the characteristic appearance of the product. These provisions do not limit in any way the rights recognized to consumers by current legislation nor your rights to terminate the Contract.
16. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyrights, registered trademarks and any intellectual property rights in the materials or content presented as an integral part of the website are owned by us and those who have granted us license to use them. You may only use such material in ways for which you receive express authorization from us or from those who have granted us licenses for their use. This will not prevent you from using this website to the extent necessary to copy your order information or Contact details.
17. VIRUSES, PIRACY AND OTHER CYBER ATTACK RISKS
You must avoid any improper use of this site as well as avoid the introduction of viruses, Trojan horses, worms, logic bombs or other programs or materials that may cause technological damage. Unless authorized, you must not access the website or the server on which it is hosted or any other server, computer or database relating to our website. You undertake not to perpetrate DoS attacks against this website. Failure to comply with this clause could result in violations defined by the relevant legislation. In case of failure to comply with the aforementioned legislation, we will inform the competent authorities with whom we will collaborate to identify those responsible for the attack perpetrated. Likewise, in the event of failure to comply with this Article, your authorization to use the website will be immediately withdrawn. We disclaim all liability for any damage or loss resulting from a DoS attack, virus or other program or material that may cause technological harm to your computer, computer equipment, data or material as a result of using our website or downloading any contained by it or that redirect the user to it.
18. LINKS FROM OUR WEBSITE
If our site contains links to other pages or materials of third parties, these links are provided for information purposes only, without control on our part over the content or materials contained in such pages or sites. Therefore, we decline all responsibility in the event of any damage or loss resulting from their use.
19. WRITTEN COMMUNICATIONS
Applicable legislation requires that part of the information or communications we send you be in writing. By using this website, you agree that most communications exchanged with us will be in electronic format. We will contact you via email, or provide you with information by placing appropriate notices on this website. For contractual purposes, you consent to this electronic means of communication by acknowledging that all contracts, notices, information and other communications that we provide to you electronically will comply with the legal requirement that such communications be in writing. This provision does not limit in any way the rights recognized by current legislation.
20. NOTIFICATIONS
All communications addressed to us must be sent preferably using our online form. Without prejudice to what is specified in article 19, we reserve the right to send you any communications via e-mail or post to the address provided to us when placing the order. Communications will be deemed to have been received and properly notified respectively when placed on our website, 24 hours after sending an email, or
three days after the shipping date. To demonstrate the notification of a communication, it will be sufficient to demonstrate that it was correctly addressed by e-mail and that it was sent to the recipient’s e-mail address.
21. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Agreement between you and us is binding on both you and us, as well as on our respective successors and assigns.
You are prohibited from transferring or assigning the Contract, or any rights or obligations arising under it, in any way without our prior written consent. We shall be entitled to freely transfer, assign, sub-contract or dispose of the Contract, or any rights or obligations arising therefrom, in any manner and at any time. For the avoidance of doubt, any transfer, assignment, sub-contract or other disposition of the Contract will not have any impact on the rights to which you are entitled as a consumer or will invalidate, reduce or limit in any way any of the guarantees or responsibilities offered by us, explicitly or implicitly.
22. FORCE MAJEURE
We will not be liable in any way for any failure to perform or delay in performing any of our obligations under the Contract caused by events which are beyond our reasonable control (“Force Majeure Events”).
Force Majeure Events means any act, event, non-happening, omission or accident beyond any reasonable control; this expression includes, by way of example but not limited to, what is specified below:
1. Strikes, lockouts or other industrial action.
2. Riots, revolts, invasion, terrorist attacks or threats of terrorist attacks, wars (declared or undeclared), or threats of war.
3. Fire, explosion, storm, flood, earthquake, landslide, epidemic or other natural disaster.
4. Inability to use railways, shipping, air, motor transport or other means of public or private transport.
5. Impossibility to use public or private telecommunications networks.
6. Acts, decrees, laws, regulations or restrictions of any government.
7. Any major maritime, postal or other transport strike, disaster or accident.
It is understood that the execution of the obligations under the Contract will remain suspended for the entire duration of the Force Majeure Events. We will be granted an extension for the execution of the Contract equal to the duration of this period. It is understood that, despite Force Majeure Events, we will work to find a solution through which to comply with our contractual obligations.
23. WAIVER
If we fail, during the execution of the Contract, to demand the exact fulfillment of any of your obligations, or of any of the obligations provided for in these General Conditions, or, again, we fail to exercise any of the rights or actions to which we are entitled under the Contract or these General Conditions, this will not constitute a waiver of such rights or actions and will not relieve you from the fulfillment of the relevant obligations. Any tolerance on our part in the face of your non-compliance will not constitute any waiver of reacting to a subsequent non-compliance. No waiver on your part of any of your obligations under the Contract or these General Conditions will be valid unless communicated in writing.
24. PARTIAL NULLITY
If any article of the General Conditions, or part of it, or any of the provisions of the Contract, should be judged invalid, illicit or unenforceable by the competent authority, such article, clause or provision will be considered as not having been included while the other articles, clauses and provisions will remain valid to the maximum extent permitted by law.
25. INTEGRITY OF THE CONTRACT
These General Conditions, as well as any document expressly referred to in them, represent the entire agreement between you and us regarding the subject matter of the Contract and supersede any previous agreement, understanding or agreement between us, whether oral or written. Both you and we acknowledge that, in entering into the Contract, neither you nor we have relied on any representation, undertaking or promise made by the other party, or inferred from anything said or written in negotiations prior to the Contract, but only on what expressly stated in these Conditions. Both you and we will be entitled to remedy any misrepresentation made by the other party, whether orally or in writing, prior to the date of each Contract (unless such misrepresentation was made willfully) and the sole actions that the other party may undertake will be for violation of the Contract, as provided here.
26. RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to revise and modify these Terms at any time. You will be subject to the General Conditions in force at the time of the order, unless a change to the General Conditions or Data Protection Policies needs to be made by law or at the request of a government authority (in which case it will apply also for orders already sent to us).
27. APPLICABLE LAW AND JURISDICTION
The use of our website and contracts for the purchase of products through this website are governed by Italian law.
Any disputes arising from or relating to the use of the website or such contracts will be subject to the non-exclusive jurisdiction of the Italian courts. If you are entering into the Contract as a consumer, this clause does not in any way affect the rights that the law recognizes you as a consumer.
28. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. Please send them via our contact form.
