Terms of Use
Terms of Use
The Products of this online store are offered by Azienda De Robertis Società Agricola Semplice (hereinafter called (“the Company”) in accordance with current regulations on e-commerce and distant contracts.
Company info:
Azienda De Robertis Società Agricola Semplice.
Via Andrea Ciardi 8, 76125 Trani BT, Italy
+39 3200853911
VAT no. IT07934890729
E-mail: info@derobertis-oliveoil.com
The Customer declares to have read all the above information and the General Terms and Conditions of Sale before placing his/her order.
General Terms and Conditions of Sale
These General Terms and Conditions of Sale (the “General Terms and Conditions”) govern the methods and conditions of a sale of products marketed by the company.
All contracts for the sale of products by the Company to third parties (the “Customers”) are governed by these General Terms and Conditions, which form an integral and essential part of any offer, order, or confirmation of an order for the purchase of products. The Terms and Conditions of Sale applicable to orders are those in effect on the date of the order.
1. Products: prices and specifications
Unless otherwise indicated, the prices of products published on the Company website are expressed in Euros and inclusive of value added Tax (“VAT”).
The price guaranteed to the buyer is the one published on the website at the time of the confirmed order. The purchase price established is fixed and final.
The prices of products published by the Company on the website cancel and replace any previous prices and are subject to actual availability of the Products.
Pictures of products are indicative and subject to change.
The Customer is responsible for selecting the products ordered.
2. Orders – billing
Each order for products sent to the Company constitutes the Customer’s contract proposal. Processing of the order by the Company is equivalent to confirmation and acceptance thereof.
Tax documents relating to the products ordered shall be issued by the company upon shipment of Products to the Customer.
For the invoice to be issued by the company, the Customer shall indicate the exact information necessary for billing and specify the shipping address of the invoice.
3. Completion of the order
Orders must be completed within the timeframes specified on the website.
Deliveries of all Products indicated as “available” are usually made within (7) working days to Italy and 15 working days to European destinations.
If the company is unable to complete the order (because the products ordered by the customer are not available), it shall inform the Customer as soon as possible the estimated delivery date for the supply of the missing product. If the Customer is not prepared to wait until the new delivery date not exceeding 30 working days, the company shall reimburse any amounts, if already paid, for the undelivered products.
In case of breakage, depletion of stock or unavailability of the Product ordered, the company shall inform the customer in the shortest time possible the date when the product will be available.
The Customer shall confirm via e-mail of his/her choice to wait for the Product to become available, or claim a refund.
4. Order acceptance
The conclusion of the contract shall only take place upon confirmation of the order by the company.
The Customer shall receive a receipt via e-mail stipulating the confirmation of the order with all the pertinent parts of the contract (products ordered, prices, delivery dates and shipping costs).
The company reserves the right to not confirm an order for any reason, in particular in the event of a problem relating to supply of the Products, or an issue relating to the order received.
5. Product Delivery
Products shall be delivered to the address specified by the Customer.
Shipments shall be made after confirmation of payment. Bank transfers shall be considered received once funds have been credited to the company bank account, while payment made by credit card shall be considered received once the transaction has been confirmed by the card organization.
For shipping the company relies on qualified courier services, such as Bartolini, SDA, UPS, DHL and Fedex.
Deliveries are usually made within 7 working days to Italy and 15 working days to European destinations, for products in stock. The terms of delivery are indicated on the website. Although they have been carefully assessed, they must be considered as not binding for the company, which may confirm or change delivery dates according to its needs. Shipping times are given in working (business) days.
The shipping terms for an order containing items with different shipping times shall be equal to the longest shipping term of the items in the order. Any delivery delay of less than 30 (thirty) days shall not entitle the Customer to refuse delivery of products, nor claim compensation or any damages of any kind.
The company has the right to complete, if necessary, the delivery of Products (for the same order) in several successive deliveries.
The delivery is considered completed once the Product is delivered to the Customer.
The delivery note issued by the courier must be dated and signed by the customer upon delivery of the Product, and shall constitute proof of transport and release of the goods.
It should be noted that:
Upon delivery, the Customer must verify and check the contents, compliance and condition of the Products ordered. Therefore, upon delivery, the company recommends the Customer verify the condition of the products delivered, before signing the acknowledgement of receipt, and in particular:
– The number of boxes must correspond with the number indicated on the transport document accompanying the consignment.
Packaging must not be damaged, wet or otherwise altered, and contents must be checked for damage.
If the Customer finds any faults, he/she must refuse the delivery from the carrier and inform the company of any necessary observation. Those observations must be declared to the carrier in a letter sent by registered mail with return receipt within 3 (three) working days following the delivery of the Products. A copy of the letter must be addressed to the company.
If the courier note is signed without attaching any “observations,” the Customer will not be able to make any objection about the condition of the delivery. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 3 (three) days of delivery.
The company has the right, at its sole discretion, to use a courier of its choice to perform delivery of the Products ordered.
Unless otherwise indicated, all deliveries shall be made at street level.
Terms and conditions of delivery details shall be agreed between the Customer and the company and accepted in writing by the company.
6. Collection of products in case of absence of the Customer.
In the absence of the consignee during the delivery, the carrier shall leave a delivery attempt note at the delivery address provided by the Customer. Products must be collected from the address by the method indicated by the carrier.
If collection by the carrier is not possible within the specified period, the Products shall be returned to the company, which reserves the right to refund the price of products, while leaving the shipping costs charged to the Customer.
In case of a Product-related error, the Customer agrees to return said Product or Products to the company, within 7 (seven) days of receipt, provided that it/they are returned unopened, in its/their original packaging and with the accompanying documents.
Once the returned Product is received in the correct form and by the correct method, the company shall resend the initially ordered Product, at its own expense.
7. Force majeure
The following cases are explicitly considered as cases of force majeure, in addition to those normally considered according to case law:
– Total or partial strikes, inside or outside the company, blocking the means of transport or supply for any reason, governmental or legal restrictions, computer failure, failure of telecommunications, including networks and in particular the Internet.
In case of force majeure, initially, by rights, the execution of the order shall be suspended.
If after a period of 3 (three) months, the parties note the persistence of force majeure, the order shall be automatically cancelled, unless otherwise agreed by both parties.
8. Right to cancel
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right to cancel, you must inform us (Azienda Agricola De Robertis SAS, Via Andrea Ciardi 8, Trani BT 76125 Italy, info@derobertis-oliveoil.com, phone number: + 393200853911) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than –
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Grounds for withdrawal
9. Payment
Payment of the order/order fee is due at the time of the order.
The Customer agrees to pay the agreed price for the Product ordered on the website (Product price and transport costs) as well to directly pay, or settle, if necessary, the courier or the carrier, the VAT or other taxes relating to the import of products in the countries where the delivery will take place.
The methods of payment accepted are PayPal and bank transfer.
The Customer guarantees the company that he/she has the relevant authorisation to pay by card when ordering, or by bank transfer to the company.
If payment via bank transfer is not received by the company 10 days after order confirmation, the latter reserves the right to cancel the order. The bank details for payment are provided in the order.
The Customer guarantees the company that he/she has the relevant authorisation to pay via PayPal when placing an order. For additional information and legal preamble the company recommends the client to consult the paypal website www.paypal.com.
If the product is shipped to any country that imposes the payment of duty and tax for imports, the buyer will be responsible for it. The product ordered and purchased online will be shipped once the duty and tax amount have been settled.
10. Failure to pay – Retention of property
The Products ordered remain the property of the company until the final or full payment of their price (under Art. 1,523 et. seq. of the Italian Civil Code.) The company reserves the right to claim the Products ordered in case of non-payment.
11. Complaints
Claims for non-compliance of a Product or Products delivered in the order must be sent in writing, directly to the company, immediately after receipt of said Products.
The Customer must keep the original packaging and delivery note.
12. Registration data
The computerized processing of data, including the management of e-mail addresses of website users, shall be carried out in accordance with the provisions of a law.
The registration data requested from the Customer is essential for processing and delivery of orders, creating invoices and any warranty contracts.
For this purpose, said data may be communicated to the contractual partners of the company.
The Customer may oppose such communication and, pursuant to the law, pursue the right to access, modify, rectify and delete his/her corresponding data, by contacting Azienda De Robertis Società Agricola Semplice, Via Andrea Ciardi 8, 76125 Trani BT, Italy. To prevent any attempted fraud, the company may request proof of the Customer’s identity, from his/her place of residence.
13. Electronic signature
The “validation click” constitutes an electronic signature.
This electronic signature has the same value between the parties as a handwritten signature.
14. Exclusion of waiver
For the company, failure to enforce non-compliance on the part of the Customer with any of its obligations shall not be interpreted as its waiver of the obligation in question and the possibility of enforcing that non-compliance at a later date.
15. Integrity of the contract
These general conditions of sale constitute the integrity of the parties’ obligations.
No other general or specific condition communicated by the Customer may be introduced or contradict these general conditions.
16. Intellectual property
The company owns the intellectual property rights of the website and the right to distribute the items contained in the catalogue of the online store. Consequently, the total or partial reproduction, on any media, of the items that make up the website and catalogue, as well as their use and their sale to third parties, is strictly prohibited.
17. Nullity
If one or more provisions of these general conditions is considered invalid, or declared such pursuant to a law, regulation, or following a final decision taken by a competent jurisdiction, the other provisions shall retain their full force and value.
18. Place of jurisdiction
In the event of litigation and in the absence of an amicable settlement reached between the parties, without prejudice to the possible applicability of mandatory provisions of law for the protection of consumers (as defined under Art. 1 letter b) of Legislative Decree no. 185, of 22 May 1999), any dispute related to these General Terms and Conditions shall be referred to the exclusive jurisdiction of the Court of Trani.
19. Treatment of Personal data Policy
20. The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at http://ec.europa.eu/consumers/odr/.
We do not intend to participate in dispute settlement proceedings before a dispute resolution body.
Pursuant to and for the purposes set out in Articles 1,341 and 1,342 of the Italian Civil Code, the Customer declares to have carefully read and understood and to specifically accept the following clauses of Azienda De Robertis Società Agricola Semplice, General Terms and Conditions of Sale: 1-2-3-4-5-6-7-8-8.1-8.2-8.3-9-9.1-9.2-9.3-9.4-9.5-10-11-12-13-14-15-16-17-18-19-20.