GENERAL ONLINE SALES CONDITIONS
GENERAL CONDITIONS OF ONLINE SALES Art. 1 –
OBJECT AND DEFINITION OF THE CONTRACT The general conditions of sale (hereinafter GENERAL CONDITIONS) shown below regulate the sale of products commercialized by the Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa on the website www.oliofelice.com, through the system of distance sales through the communication technology called “internet”. All purchase contracts of commercialized products, concluded through the website www.oliofelice.com owned by the Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa following the procedures shown online, between Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa and the Internet Customer (hereinafter CUSTOMER), these will be regulated by the present general conditions, which are integral and substantial part of the same. The reference standard is the Legislative Decree 6th September 2005, N°. 206 (consumer code, under art, 7 of the Law 29th July 2003, N°.229), which regulates all the processes of a negotiation and/or contractual nature in which the consumers are involved, both from a single point of view, and from a collective one, and the directive 2000/31/CE of the European Parliament and Council dated 8th June 2000 (“Directive on electronic commerce”), absorbed into the internal system with Legislative decree 9th April 2003, N°.70 and which foresees that the improvement of the telematic contract can be deemed concluded when: the lender must “accuse” receipt of the order of the consignee of the service without unjustified delay and electronically; the order and the receipt are considered arrived when the parties to whom they are addressed have the chance to access them. Any modification to the present General Conditions of Sale will be effective from the moment of its publication on the website and will be applied to the sales concluded subsequently to the publication itself.
Art. 2 – ORDERS All orders are subject to acceptance by: Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa Via delle Gere, 2 – 25010 San Felice del Benaco (Brescia) – Italy. The purchase orders concluded on the website www.oliofelice.com must be completed in all parts and must contain all the necessary elements for the exact detection of the ordered products and of the place of delivery. The orders are considered to be contractual proposal of the Customer shown ONLINE through the system “Prestashop”. The order confirmation by the Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa transmitted by email to the address shown by the Internet Customer counts as valid acceptance of the contractual proposal. The contract is deemed to be concluded, and is binding for both parties, at the moment in which the order confirmation is sent by the Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa to the Internet Customer. The Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa can also send the final Customer a refusal of the order and reserves the right, at its discretion, the right to cancel any order in the event of material errors connected to the order of the Customer or with the information sent by the Customer through the website www.oliofelice.com The Customer may buy the products shown in the electronic catalogue on the website www.oliofelice.com and in the quantities in stock. Should an order be more than the quantity in stock, the purchase will be accepted limited to the available products. In this case the Customer will be informed and will be able to revoke the order or the integration with a substitute product. The Customer must immediately notify the Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa of any error or omission in the conditions of payment, quantity and prices contained in the acceptance of order document.
Art. 3 – PRICES, TRANSPORT COSTS AND PAYMENTS All the sales prices of the products shown and indicated on the website www.oliofelice.com constitute offers to the public, are expressed in Euros and include VAT. The Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa reserves the right to change the prices published on the website www.oliofelice.com at any moment. The prices of the products from time to time published cancel and substitute the previous ones. Here below the transport costs for Italy:
Italia (Calabria, Sicilia, Sardegna)
0 - 3 Kg
3 - 10 Kg
10 - 20 Kg
20 - 30 Kg
30 - 50 Kg
50 - 100 Kg
100 - 200 Kg
Shipping costs for EU countries are calculated by the system.
Delivery times for Italy: from 5 to 10 working days from receipt of payment.
Art. 4 - DELIVERIES Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa will despatch the selected and ordered products to the destination specified in the order. In the event of absence at the moment of delivery a notification will be left and the Customer will have to take measures personally to contact the courier or forwarder as soon as possible to agree terms of delivery. Delivery will be carried out by mainly roadway carriers. No responsibility will be attributed to Cooperativa Agricola San felice del Benaco Società Agricola Cooperativa for late delivery or failure to deliver due to force majeure or accident.
Art. 5 –INVOICING – TIMES AND METHODS OF PAYMENT The Customer commits to correspond the price of the products order through payment by Credit Card or Bank Transfer following the instructions provided on the website. The despatched goods will be delivered with immediate invoice.
Art. 6 – LIMITS OF RESPONSIBILITY The Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa accepts no responsibility for inefficiency due to force majeure such as accidents, explosions, fire, strikes and/or closures, earthquakes floods and other similar events which prevent, completely or partially, the execution of the times agreed in the contract The Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa will not be held responsible in any way with regards to damage, loss or costs suffered following lack of execution of the contract for the reasons mentioned above, as the Customer has the right only to restitution of the price paid. In the same way the Cooperativa Agricola San felice del Benaco Società Agricola Cooperativa is not responsible for any fraudulent or illicit use which could be made by third parties, of credit cards, cheques or other means of payment, upon payment of the purchased products on the website www.oliofelice.com . Without prejudice to the case of fraud or serious blame by the Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa is now agreed that, should the responsibility of the Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa be ascertained in any capacity against the Customer to effect execution of an order, the responsibility of the Cooperativa Agricola San felice del Benaco Società Agricola Cooperativa cannot be higher than the price of the products purchased by the Customer and which is object of the controversy. The responsibility of the Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa for delays in delivery cannot be higher than the sum of the costs of delivery sustained by the Customer where applied.
Art. 7 – COMMUNICATIONS The Customer agrees on the use by the Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa of instruments such as electronic post or automated call systems without the intervention of an operator or faxes.
Art. 8 – RIGHT TO OWNERSHIP OF THE PROPERTY The right to ownership of the products offered on the Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa website passes to the Customer after total payment of the products or of their delivery, if this occurs last. The risks of breakage of the products pass to the Customer at the momen of delivery.
Art. 9 – RIGHT OF WITHDRAWAL (Leg. Dec. 206/05) The Customer Consumer may exercise the right of withdrawal if: he/she communicates notice of cancellation via email to the Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa before receiving confirmation or before the goods have been despatched; not being satisfied with the purchase made, the products received must be returned intact. The right of withdrawal must be exercised, under penalty of revocation, by registered letter with notice of receipt to the following address (with corresponds to the address where goods to be returned must be despatched): Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa Via delle Gere, 2 – 25010 San Felice del Benaco (Brescia) – Italia within ten working days from date of receipt of the products ( unopened packs, original seals and in good condition), except the delivery charges where applied. The said communication may also be anticipated by telegram or fax (+39 0365 62341) or email (firstname.lastname@example.org) within the same timeframe, so long as confirmed by registered letter with notice of receipt within the 48 hours following the despatch of the telegram, fax or email. Such communication must contain the necessary data to detect the order, the will to withdraw from the purchase and the product or products for which right of withdrawal is to be exercised, attaching copy of the tax document (Invoice or DDT). The right of withdrawal is excluded in the following cases (Art. 5 para 3 Leg Decree 185/1999) an ore precisely: Purchase of goods packaged to size or personalized from the Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa according to the specifications requested by the Cusomer or which, due to their nature, cannot be sent back or risk rapid deterioration or being spoilt. The products were not delivered due to the absence of the Customer at the place of delivery and on being picked up were spoilt or deteriorated due to delay provoked by the Customer. If withdrawal is carried out according to what is declared above, the sum already paid for the products and for delivery charges is accredited to the purchaser by bank transfer to his/her bank account. The refund will be carried out in the shortest time possible, and anyway within 15 days from the date in which the Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa having received news of the withdrawal of the Customer Consumer also receives the goods ordered intact and in the original packaging at the following address: Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa Via delle Gere, 2 – 25010 San Felice del Benaco (Brescia) – Italy The only charges to the Customer for exercising the right to withdrawal are those direct for despatch and return of the products to the Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa.
Art. 10 – GUARANTEES AND SUPPORT OPTIONS Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa sells products of a high level of quality, for which they offer a guarantee limited to the expiry date of the product. In the event of imperfections or anomalies which are not explicitly attributed to the Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa given the nature of the products offered in the catalogue, the Customer may contact directly a sales manager through our channels of contact (email@example.com +39 0365 62341). All rights to compensation or indemnification, as well as any contractual or extra-contractual responsibility for direct or indirect damage to persons and/or objects provoked by goods purchased from www.oliofelice.com.
Art. 11 – OBLIGATIONS OF THE PURCHASER The Customer commits, once the procedure of purchase foreseen by the website www.oliofelice.com is concluded, to print and keep these general conditions of sale, which also, he/she would have read and accepted as a compulsory passage in the despatch phase of online orders. This with an aim to completely satisfy the condition at Articles 3 & 4 of Leg. Decree N°.185/99. It is strictly prohibited for the Customer to insert false and/or invented data, and/or fictitious, in the registration procedure necessary to activate the process for execution of the present contract and the relative further communications; the personal data and email must be exclusively your own and real personal data and not third parties, or fictitious. It is strictly prohibited to insert data belonging to third parties. It is also prohibited for minors to register. Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa reserves the right to legally prosecute any violation or abuse, in the interest and to safeguard all consumers.
Art. 12 – SALES PROMOTIONS The sales promotions offered on the website www.oliofelice.com are valid while stocks last and within the limits of purchase shown on the website. The promotions are not concurrent. The products on offer may be delivered in promotional packaging different from those published on the site. The offer of any complimentary products are valid while stocks last. No substitution or returns are possible with regards to any complimentary products received by the Customer.
Art. 13 – DELIVERY AND PROCESSING OF PERSONAL DATA Personal data is collected with the aim to register the Customer and activate procedures to carry out this present contract and the necessary relative communications; such data is treated electronically in respect of the laws in force and can be exhibited only on request of judicial authorities or other authorities to the purpose authorized by law. The personal data will be communicated to subjects delegated to the fulfilment of the activities necessary for the execution of the contract stipulated and emanated exclusively for that purpose. The person concerned has the rights at Reg. UE 2016/679 (GDPR) with reference to the right to privacy.
Art. 14 – CONTROVERSIES For any unsolved controversy between the parties the exclusive place of jurisdiction will be Brescia.
Art. 15 – CONFIRMATION OF HAVING READ THE GENERAL CONDITIONS OF SALE The computer system relative to the compilation of the order is such to prevent the confirmation and the validation of the same in the absence of an explicit command given by the Purchaser and aimed to confirm the reading of the present Conditions of Sale by the Purchaser. Imnportant note: the most updated review of the General Conditions, will be the one which at the moment of signing by the Customer of his/her order, will regulate such order; the Customer is therefore required to print and keep a copy of these present General Conditions of Sale for future reference, and to subsequently verify any variations to the one printed.
Art. 16 – APPLICABLE LAW The contracts stipulated online by the Customer on the website www.oliofelice.com are regulated by Italian Law. For anything not expressly provided, the rules of Law applicable to the relations and in this case foreseen in the contract stipulated online by the Customer with the Cooperativa Agricola San Felice del Benaco Società Agricola Cooperativa CONTRACT TERMS Under and for the effects of Articles 1341 &1342 C.C. Specific approval of the following clauses are required: Art. 3 – prices and despatch Art. 4 – deliveries Art. 6 – limits of responsibility Art. 7 – communications Art. 9 – right of withdrawal Art. 10 – guarantees and support Art. 11 – obligations of the purchaser Art. 14 – controversies Art. 15 – confirmation of the having read them Art. 16 – applicable law