Terms & Condition
TERMS AND CONDITIONS
The present general TERMS AND CONDITIONS (“T&C”) for on-line sales outline the contract between the customer and the company (“Contract”) for the sale of products (“product” or “products”) offered by labottegadeloliofirenze.it ( “site”) to its on-line clients (“client” or “clients”).
The following general sales conditions refer exclusively to those clients that qualify as “consumers” under the law art. 3, co. 1, lett. a), del D.Lgs. 6 settembre 2005, n. 206, which states that the consumer is “any private person not acting on behalf of a company or business.”
All the information contained on the site is in Italian. The client declares that he has read the conditions of sales held herein carefully before making an order. The client, before ordering the product, declares that the purchase of the product is for personal use and not connected to business transactions of any kind. The client also declares he is legally fit to carry out said transactions (see general conditions).
1 – Object
The object of the present general sales conditions define the rights and obligations of the parties with regards to on-line sales conducted with www.labottegadeloliofirenze.it
2 – The territory and extent of the offer
The present version of the general sales conditions refers exclusively to purchases made by clients who are living in or are a resident of in Italy.
3 – Contract documents
The present contract comprises the following documents:
• the present general conditions of sales
• confirmation of the order
The pictures illustrating the products on the web-site are in no case relevant to the terms of the contract and merely provide descriptive elements.
4 – Purchase order
By clicking ‘confirm order’ on the purchase order, the client signs a binding contract that can be revoked in accordance with the terms stated in “Returns and refunds” and “Processing the order”.
5 – Confirmation of the order
The contract is considered complete when the Customer receives confirmation of successful completion from La bottega dell'olio.
The client will receive a letter of confirmation, which will include the terms and conditions of sales (as well as a list of the products, prices, delivery date, shipping fees) via email.
La bottega dell'olio reserves the right to reject the order if the product is not available, in particular, or if the order is incomplete.
La bottega dell'olio cannot be held responsible for errors in delivery if the purchase order form is inexact or incomplete.
La bottega dell'olio cannot be held responsible for damages which occur after they have delivered the product to the shipper, and is not responsible for delays in delivery (responsibility of the shipping company).
6 – Product availability
The availability of the product, as stated on the site, is approximate and in no case binding. The availability of the product is updated daily. Given the time that lapses between in-shop sales and the moment of updating the number of available products on-line, there may be a difference in product availability.
7 – Prices – Invoice
The prices are expressed in euros and include tax (IVA) which differ according to the type of product purchased (22% or 10%). The price of the product stated on the web-site at the time of the purchase is the fixed price for the client at the moment of shipping.
Prices are definite. They do not include shipping fees, which are indicated separately on the order form.
8 – Payment
Payment to labottegadeloliofirenze.it, may be carried out as follows:
Should you choose to pay with PAYPAL, the client can pay via their PAYPAL account directly.
We wish to remind our new clients that La bottega dell'olio reserves the right to ask the Bank or PayPal to verify the transaction (this may occur by calling the bank directly). Should this be necessary, there may be a delay in shipping.
9 – Transfer of liability
The transfer of liability to the client takes place at the moment La bottega dell'olio consigns the product/products to the shipper. During the period of withdrawal, cited under terms and conditions at article 13, the client, as guardian of the product, is fully responsible for the product. Should the client damage or destroy the product in any way during this period, he will be held fully responsible for damages.
10 – Processing the order
The order will be processed according to the terms stated on the web-site under ‘confirmation of the order’ by La bottega dell'olio and, however, in the seven days that follow the confirmation of the order, depending on the availability of the product, and depending on the specific agreement signed by the parties. Should the product not be available for any reason, La bottega dell'olio takes it upon itself to inform he client immediately and to provide information on future availability and times, or to refund the client.
11 – Delivery
The geographic area of the delivery corrisponds to the geographic area to which the offer extends.
Delivery is carried out from Monday to Friday only, weekends excluded. The products are delivered to the address provided by the client.
La bottega dell'olio, except in the case of circumstances stated under art. 6, will take it upon itself to deliver the goods to the address provided by the customer on the order form by way of a shipper. La bottega dell'olio cannot be held responsible for mistakes made in shipping due to the errors on the purchase order. Should the shipping address be mistaken, costs relative to the storage of the goods (per day) in the warehouses of the delivery service will be charged to the customer. Furthermore, La bottega dell'olio cannot be held, in any way, responsible for damage to the goods after they have been entrusted to the shipper or delivery service, nor for any delays in shipping and delivery on the part of the shipper.
La bottega dell'olio delivers its goods throughout Italy. Delivery to extreme, hard to reach, corners of the country may result in higher shipping costs.
Delivery of the goods is carried out by a delivery service chosen specifically by La bottega dell'olio; post-office boxes are not considered valid addresses.
The accompanying shipping document presented by the carrier, must be signed and dated by the customer upon reception of the goods to ensure correct delivery.
Upon delivery of the goods, the customer must control the product to check for mistaken item and/or damage to the product. Therefore, at the moment of delivery, La bottega dell'olio strongly suggests that the customer check the contents of the package before signing the shipping document.
Should there be problems with the shipment (incomplete orders, damaged or previously opened product) the client must refuse to accept the delivery or write a detailed account, with the date, of the problems. The complaint must be forwarded to La bottega dell'olio via certified mail (with receipt) within three days of delivery of the products.
12 – Delivery of goods when the client is not at home (see shipping)
Should the client not be home at the time of delivery, the shipper will leave a note stating his arrival at the address provided by the client. Should the client also be absent a second time, the products will be held by the shipper where they can be collected according to the conditions dictated by the shipper.
Should the product remain in the warehouse for a period of time that goes beyond the expiary date stated in the conditions set out by the shipper, the products will be returned to La bottega dell'olio, which will reserve the right to refund the cost of the product minus the shipping costs, which will be paid by the client.
13- Returns and refunds - withdrawal
The client has the right to withdraw from the Contract, with no penalty, only if and when the delivered product has been damaged or broken during shipping, has been stolen, presents production flaws, or if the product is not the one the client ordered. Should this happen, the client must specify the motive for returning the product within exactly three working days of the reception of the goods at the address provided by the client. The product must then be returned to La bottega dell'olio within 7 days from the moment of the communication of the problem, and after reaching an agreement for the return of the good.
The information on the shipping receipt is proof of reception of the goods.
The demand for the return of the product must be presented within three days of reception; the information on the shipping receipt is proof of reception of the goods.
With regards to the expiration dates, the product can be considered ‘returned’ as soon as it is accepted by the post office.
In order to exercise the right to return the product, the goods must be intact. The customer must ship the product adequately wrapped and packaged in the original packet; La bottega dell'olio will not accept goods that have been damaged further or that have not been preserved in an adequate fashion. Products that have been damaged by detergents/additives, or by the customer himself for lack of care, will not be replaced or refunded. The client must place a copy of the shipping receipt, which he received upon delivery, inside the wrapped package. The client is fully responsible for any damages to the products during return shipping.
– if the product was flawed during production, La bottega dell’olio will cover the cost of the return shipping. Should the client, who has met all the terms for the return of merchandise stated here in terms and conditions, wish to return the merchandise, La bottega dell'olio will refund the full cost on the customer’s credit card or on his PayPal account, or through a bank transfer using the bank coordinates provided by the customer. The refund is free of charge, and La bottega dell’olio will refund the client within thirty days of receiving the request
14 – Use of the site
The description of the products and the pictures present on the web-site correspond to the description of the product as it is presented by La bottega dell'olio. The pictures and videos of the products are published on the site as descriptive elements alone: the quality of the pictures, which may include a variation in the colour of the goods, depends on the software and conditions of the computer used to access the site. Since it is not in their hands, La bottega dell'olio is not responsible for problems caused when accessing the site and due to the technology used.
15 – Intellectual and industrial property rights
La bottega dell'olio informs you that the web-site and products held therein are protected by the relative Intellectual and industrial property laws and that the reproduction, communication, distribution, publication, modification or transformation to any degree or form, and for any reason, are strictly prohibited. La bottega dell'olio reserves the right to take legal action to protect the above mentioned property rights against anyone who infringes on these rights.
16 – Protection of personal information
La bottega dell'olio detains the personal information collected at the moment of registration on the site, and the information collected during the order and purchase of the products, but it does not detain any information regarding payment procedures and financial transactions (for example banks and the like). For information relative to the processing of personal information and rights, which come under art. 7 del D. lgs. 196/03 of Italian law, please read the information provided at the moment of registration at www.labottegadeloliofirenze.it.
17 – Electronic signature
By clicking on “validate signature” the client leaves his e-signature.
This e-signature is as binding as a hand-written signature.
18 – Comprehensiveness of the contract
The general conditions of sale held herein underline the terms and conditions which concern both parties with regards to the contract.
No other general condition or particular communication on the part of the client can be applied to or change the terms of the general conditions held herein.
19 – Invalidation
Should one or more terms of the general conditions be considered invalid or declared invalid under a specific law or regulation, or following a ruling pronounced by a qualified court, the other terms of the agreement stated herein continue to be legally binding and valid.
20 - Communications
For information please contact La bottega dell'olio at: +39 055 267 0468
21 - Pertinent laws
For contract between the parties, Client and La bottega dell'olio, we mean a contract finalised in Italy under the laws the Italian judicial system. The competent court is the Tribunale di Firenze.