Terms and Conditions of sale

  1. Introduction

Welcome to our e-commerce website (hereinafter the “Site”). These terms and conditions of sale (“Terms and Conditions” or “T&C”) are governed by the Consumer Code (Legislative Decree no. 206/2005), Section II, Distance Contracts (Articles 50-67), and regulations on e-commerce (Legislative Decree no. 70/2003). The Terms and Conditions govern the use of the Site and the sale of our products (“Products”). Any contract for the sale of Products by OLEIFICIO AGRICOLO S. CARLO to third parties (“Customers”) is governed by these Terms and Conditions, which constitute an integral and substantial part of any proposal, order, and order confirmation for the purchase of the Products themselves. The sales conditions applicable to orders are those in force at the time of the order. Before using our Site or purchasing our Products, we invite you to carefully read the following Terms and Conditions. By using our Site or purchasing our Products, you agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, we invite you not to use our Site or purchase our Products.

  • Description of the Website

Our website provides our Customers with the online sale of high-quality extra virgin olive oil. Our goal is to offer a simple and enjoyable online shopping experience to our Customers. The website is owned by OLEIFICIO AGRICOLO S. CARLO (hereinafter also referred to as “Seller”, “Company”, “we”, “our”).

COMPANY INFORMATION

Oleificio Agricolo S. Carlo
via San Martino,
88044, Marcellinara (CZ), Italia
VAT number 00446600793
Email oleificiosancarlo@gmail.com
Phone +39 3288428984

  • Acceptance of Terms and Conditions

The use of our Site and the purchase of our Products imply the acceptance of these Terms and Conditions by the Customer. If you do not accept these Terms and Conditions, we invite you not to use our Site or purchase our Products.

  • Changes to the Terms and Conditions

We reserve the right to modify the Terms and Conditions at any time, without prior notice. We invite you to periodically check our Terms and Conditions to stay informed about any changes. Using our Site or purchasing our Products after the publication of any modifications to the Terms and Conditions implies acceptance of the same by the Customer.

  • Language of Terms and Conditions

These Terms and Conditions are available in Italian, English, and German and will be provided to the user in their respective languages. In case of conflict between the Italian version of the Terms and Conditions and the translated versions in other languages, the Italian version of the Terms and Conditions prevails.

  • Offer to the public

The Products and related Prices presented on the Site constitute an offer to the public in accordance with the methods specified in the Terms and Conditions and on the Site itself. Purchase contracts concluded through the Site are entered into with OLEIFICIO AGRICOLO S. CARLO.

  • Prezzi

All prices are in € (Euro) and are inclusive of VAT and any other tax, as well as packaging costs and containers costs. Delivery charges, which are the responsibility of the Customer, are duly indicated in the purchase order (“Order”). The price applicable to the Products and/or delivery charges is the one indicated on the Website at the time of sending the Order, without any consideration of previous offers or any subsequent price changes. Payment of the price can only be made in € (Euro) and the amounts will be stated on the invoice in the same currency.

  • Purchase order

Purchase orders must be made exclusively online through the order procedure available on the website. The Customer can select products from the Seller’s assortment of goods and add them to the virtual cart. Once all desired products are added to the basket, the Customer can proceed to the purchase order overview where the description of the selected products, their respective prices, and indicative delivery times will be reported. The customer must provide the information required for the issuance of the fiscal documentation for the purchase, while if they wish to provide a different shipping address, they can enter the necessary information in a dedicated form. The order will become binding for the Seller only after the Seller has accepted the order in writing or through a declaration of acceptance or by delivering the ordered product. The Seller will immediately send an email confirming receipt of the order placed by the Customer through the website. This email will solely constitute a confirmation of receipt of the order by the Seller and will not constitute a binding acceptance of the order, unless it also contains a declaration of acceptance, in addition to the confirmation of receipt.

The seller reserves the right to decline the Customer’s order in the following specific cases:

  • If the data entered by the Customer is false and/or incomplete, or the seller can reasonably doubt their truthfulness;
  • If the payment due from the Customer is not made immediately after the confirmation of the order or within the required terms;
  • If the Customer has not previously fulfilled payment obligations to the Seller;
  • If the Customer has refused to accept and/or collect orders previously placed with the Seller;
  • If there is an obvious or processing error in the prices indicated on the website;
  • If the requested shipping address is not located in the Customer’s country of residence;
  • If the Customer’s behavior is fraudulent or suspicious.

In the event that the seller does not accept the order, they will promptly notify the Customer. In this case, any payment made by the customer will be immediately refunded, but the Seller reserves the right to retain an amount equal to any damages caused by the Customer as a result of fraudulent and/or suspicious activities. The Order, the Seller’s confirmation of the Order, the Privacy Policy, and the Cookie Policy posted on the website, as well as the Terms and Conditions of Sale, constitute the entire agreement between the Customer and the Seller regarding the use of the website and the placing and execution of an order. The tax documentation relating to the ordered Products will be issued by OLEIFICIO AGRICOLO S. CARLO at the time of shipment of the Products to the customer and will be sent to the Order’s owner. For the issuance of the fiscal documentation related to the Order purchase, the information provided by the Customer will be considered valid, and no changes to the data will be possible after the issuance of such documentation.

  • Products Availability

The availability of the Products refers to their actual availability at the time of the order by the Customer. However, since multiple customers may be interested in the same Products simultaneously, the availability indicated on the website should be considered purely indicative, as the Products may be sold to other Customers before the Order is confirmed. In some cases, the Products chosen by the Customer may not be available. In this case, OLEIFICIO AGRICOLO S. CARLO will promptly inform the Customer of the unavailability of the Product and communicate the expected delivery times for the supply. In the event that the Customer does not wish to wait for the supply times, OLEIFICIO AGRICOLO S. CARLO will promptly refund any amounts already paid by the Customer. The Customer must confirm by email their choice, i.e., whether they wish to wait for the Product supply or request a refund.

  1. Payment methods

The payment of the amount due for the purchase of the Products is required at the time of the order. OLEIFICIO AGRICOLO S. CARLO has chosen to use Stripe, PayPal, GooglePay and ApplePay payment gateways to ensure maximum security in processing payments. These third-party tools allow payment data provided by the customer to be managed completely independently, without OLEIFICIO AGRICOLO S. CARLO coming into contact with such sensitive information, such as credit card data. The following payment methods are accepted:

  1. Credit/debit card: by using this payment method, the Customer can enter their credit or debit card details to complete the Order. The purchase becomes binding for the Customer once the order has been confirmed. However, order confirmation is only possible after the Customer has previously accepted the Seller’s Terms and Conditions by checking the adjacent box. Before confirming the Order, the Customer has the possibility to cancel it at any time, make changes to the shopping basket’s content, adding or removing products, and change the shipping address and payment method. The payment processing occurs simultaneously with the order execution.
  2.  PayPal: with this payment method, the Customer can make the payment using the PayPal service. Once the Customer has selected PayPal as the payment method and previously accepted the seller’s Terms and Conditions, it can be proceeded with the payment. The payment action represents a legal commitment to purchase. Before making the payment, the Customer has the option to cancel the order at any time, modify the shopping basket’s content by adding or removing products, and change the shipping address or payment method. After selecting PayPal as the payment service, the customer will be redirected to the PayPal website to complete the transaction. Once the transaction is successfully completed, the order becomes binding for the customer and will be correlated with the payment made through PayPal.
  3. GooglePay: with this payment method, the Customer can make the payment using the GooglePay service. Once the Customer has selected GooglePay as the payment method and accepted the Seller’s Terms and Conditions, it can be proceeded with the payment. The payment action represents a legal commitment to purchase. Before making the payment, the Customer has the possibility to cancel the order at any time, modify the content of the shopping basket’s by removing or adding products, and change the shipping address or payment method. After selecting GooglePay as the payment service, the Customer is prompted to authenticate using their fingerprint, facial recognition, or PIN on their mobile device. Subsequently, GooglePay securely processes the transaction and sends confirmation to the online store.
  4. ApplePay: with this payment method, the Customer can make the payment using the ApplePay service. Once the Customer has selected ApplePay as the payment method and accepted the Seller’s Terms and Conditions, it can be proceeded with the payment. The payment action represents a legal commitment to purchase. Before making the payment, the Customer has the possibility to cancel the order at any time, modify the content of the shopping basket’s by removing or adding products, and change the shipping address or payment method. After selecting ApplePay as the payment service, the Customer is prompted to authenticate using their fingerprint, facial recognition, or PIN on their mobile device. Subsequently, GooglePay securely processes the transaction and sends confirmation to the online store.
  1. Non-Payment

Until the complete payment of the price of the ordered Products, as provided for in articles 1523 and following of the Civil Code, the ownership of the Products remains with OLEIFICIO AGRICOLO S. CARLO. In the event that payment has not been made, OLEIFICIO AGRICOLO S. CARLO reserves the right to request the return of the ordered Products.

Deliveries normally take place within 5-7 working days for Italy and 7-10 working days for European destinations for products available in stock. However, the shipping times indicated on the website, although carefully evaluated, are not binding on OLEIFICIO AGRICOLO S. CARLO, which may confirm or modify them later based on its actual needs. The delivery times indicated on the website start from the date on which the Agreement is concluded and provided that the Customer has fully paid the Purchase Price. Any delays in deliveries of less than 30 (thirty) days do not entitle the Customer to refuse the delivery of the Products, nor to claim any compensation or indemnity of any kind. OLEIFICIO AGRICOLO S. CARLO reserves the right to deliver the Products (even relating to the same order) in multiple subsequent deliveries, if deemed appropriate. Delivery is considered complete from the moment the Product is delivered to the Customer. The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, constitutes proof of transport and delivery of the goods.

The goods will be delivered to the address indicated by the Customer, via the Carrier selected by OLEIFICIO AGRICOLO S. CARLO, only after receipt of payment confirmation. It is necessary for the customer to provide a telephone number, which will be used with extreme correctness, to provide more security to the transaction/shipping, as well as the indication of the name on the intercom/bell, if present. In order to prevent fraud, the Courier may request an identity document to verify the coincidence of the data with those contained in the order confirmation. At the time of delivery, the presence of the Customer or a trusted person is required to check that the packaging is intact and clean, and that the Products received correspond to what is indicated on the Order. At delivery, the Customer must verify the content, conformity and condition of the Product(s). Therefore, upon delivery, OLEIFICIO AGRICOLO S. CARLO recommends that the Customer check the condition of the Products delivered before signing the receipt, and in particular:

In case of any anomalies found by the Customer, it is necessary to proceed with the refusal of the delivery of the Products or with the drafting of detailed and dated reservations. Such reservations must be confirmed to the carrier by registered letter with return receipt within 3 (three) working days following the delivery of the Products, and a copy must be sent to OLEIFICIO AGRICOLO S. CARLO. If the carrier’s document is signed without any “reservation” being made, the Customer cannot raise any dispute regarding the external characteristics of the delivered Products. Any problems related to the physical integrity, correspondence, or completeness of the Products received must be reported within 3 (three) days from the delivery.

At the time of placing the Order, estimated delivery times will be indicated. This date is indicative only, therefore no responsibility can be attributed to OLEIFICIO AGRICOLO S. CARLO in case of failure to meet them. Delivery will be made by courier between 8:00 a.m. and 8:00 p.m. from Monday to Friday. In case of non-delivery due to the customer’s absence, the customer is given the option to request (free) redelivery of the shipment within 3 days following the first delivery attempt. The carrier will leave a notice card with the phone number to contact to arrange the second delivery which, otherwise, will be made on the next working day after the first delivery. The storage costs for the first 3 (three) days are free of charge for the customer. After the second unsuccessful delivery attempt due to customer absence and from the fourth day of storage, the Products will be held in storage by the Carrier for a further 10 (ten) days (calendar) during which the customer can contact them for further arrangements. The redelivery cost from the third attempt is a total of 5 euros per attempt (VAT included). The storage cost from the fourth to the fourteenth day is a total of 15 euros (VAT included). The redelivery costs and storage costs will be charged to the customer and must be paid by bank transfer to the bank details communicated by OLEIFICIO AGRICOLO S. CARLO to the customer. The purchased Products can remain in storage with the Carrier for a maximum of 14 (fourteen) days (calendar) starting from the day on which the customer is contacted by the Carrier under the above-mentioned conditions and costs. After a total storage period of 14 (fourteen) days (calendar), the Order will be automatically canceled and OLEIFICIO AGRICOLO S. CARLO will refund the customer the value of the Order, except for delivery costs, storage costs, and the costs related to the return of the product to the headquarters of OLEIFICIO AGRICOLO S. Carlo, which will remain the responsibility of the customer.

In case delivery is required in areas where traffic is subject to restrictions and/or prohibitions, such as, for example, limited traffic zones, restricted access to vehicles, pedestrian areas, etc.; the customer is required to inform OLEIFICIO AGRICOLO S. CARLO through the contact channels listed in the “Contacts” section of the Website.

  1. Delivery costs

Delivery costs are borne by the Customer and adequately highlighted in the Order. 

  1. Right of withdrawal

If the Customer is a “Consumer,” as defined in Article 3 of the Consumer Code, they are entitled to the rights set forth in Article 64 of the Consumer Code to the extent provided for by such legislation and therefore have the right to withdraw from the Purchase Agreement (hereinafter “Right of Withdrawal”) for any reason, without explanation and without any penalty, with the methods specified below. The Right of Withdrawal, referring to Legislative Decree no. 185 of 22/05/1999, may concern all (Total Withdrawal) or only part of the Products purchased by the Consumer (Partial Withdrawal). The right of withdrawal is exercised by sending – within 10 (ten) working days from the date of receipt of the Products – a communication by registered letter with return receipt to:

Oleificio Agricolo S. Carlo. via San Martino snc – 88044 Marcellinara (CZ), Italy

The communication may be sent in advance – within the same period – by e-mail (to the address oleificiosancarlo@gmail.com) provided that it is confirmed by registered letter with return receipt within 48 (forty-eight) hours thereafter. The Withdrawal communication must specify the intention to withdraw from the Purchase and the Product or Products for which the right of Withdrawal is intended to be exercised, attaching a copy of the relevant fiscal documentation related to the purchase and the transport document. In the communication, the Customer must also confirm that the Product/s are intact, unopened, and stored in perfect condition in their original packaging, complete in all its parts.

The return of the Product/s must be made within 14 (fourteen) calendar days from the date of receipt thereof. The right of withdrawal is subject to the following conditions:

  • the right applies to individual Products purchased in their entirety;
  • the Product/s purchased must be returned intact and unopened in their original packaging, complete with all elements (including packaging and accessory documentation);
  • transport costs for the return of the Product/s are borne by the Customer;
  • the return of the Product is under the complete responsibility of the Customer.

If the Customer correctly exercises the right of withdrawal, OLEIFICIO AGRICOLO S. CARLO will be required to refund the entire amount already paid, including delivery costs, within 30 (thirty) calendar days from the receipt of the withdrawal communication and in any case not before receiving the return shipment and checking the status of the goods subject to withdrawal. It should be noted that, in the case of premium or promotional operations, where the purchase of one product is combined with another product that is sold at a low price or even given away, the right of withdrawal can be validly exercised only by returning both products subject to the purchase, given the accessory nature of the promotional product with respect to the first one. It is also noted that products purchased for professional use (by a customer with a VAT number) cannot be returned.

  1. Complaints

Complaints regarding the non-conformity of the Products delivered with the order must be submitted in writing directly to OLEIFICIO AGRICOLO S. CARLO immediately after receipt of the goods. The Customer must keep the original packaging and delivery document, and can find the Seller’s contact details on the “Contacts” page of the Website. The Seller shall respond to every complaint within a period of 14 days from when it is received. The Seller, in the event that it foresees not being able to manage the complaint in time, will inform the Customer, within 14 days, of the deadline by which the latter can expect a response. The Customer acknowledges that some complaints are unfounded, such as those relating to minor changes, generally considered acceptable, or those concerning products no longer for sale. In such cases, the Seller will not be liable for any damages suffered by the Customer in relation to said complaints. In the event that the Seller decides to recall a Product, the Customer must provide the utmost cooperation.

  1. Force majeure

The Seller is not responsible for any damage resulting from delays in delivery or non-delivery caused by force majeure. Explicitly considered as force majeure cases, in addition to those normally considered by jurisprudence, are also the following cases: total or partial strikes, internal or external to the Company, blockage of transport or supply for any reason, government or legal restrictions, computer failures, blockage of telecommunications including networks, and in particular the internet. In case of force majeure, the execution of the order will be suspended, at first, in full right. If after a period of 3 (three) months, the parties find that the force majeure case still persists, the order will be automatically canceled, unless otherwise agreed by both parties.

  1. Retention of title

The Seller retains ownership rights of the Products that have been or are to be delivered until the Customer has fully fulfilled the obligations provided for in the Agreement, including payment obligations, and until any disputes arising from a breach by the Customer of its contractual responsibilities have been resolved.

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  1. Warranties and liabilities

The Seller is legally required to provide Products that comply with the Agreement entered into with the Customer. The Seller is not liable for any indirect, additional, or consequential damages of any nature suffered by the Customer in connection with the Agreement. In no event direct damages for which the Seller is legally responsible to the Customer exceed the Purchase Price, except where expressly provided by law.

  • Personal Information

The computerized processing of information, including the management of email addresses of site users, is carried out in compliance with applicable regulations. The personal information requested from the Customer is essential for the processing and dispatch of orders and for the creation of fiscal documentation related to the purchase. In order to prevent any attempts at fraud, OLEIFICIO AGRICOLO S. CARLO reserves the right to ask the Customer for proof of their identity and address of residence.

  • Processing of personal data

The personal data of the Customer are processed by OLEIFICIO AGRICOLO S. CARLO in accordance with the provisions of the legislation on the protection of personal data, as specified in the information provided in the appropriate section “Information pursuant to art. 13 of Legislative Decree 30/06/2003”.

  • Intellectual property

OLEIFICIO AGRICOLO S. CARLO owns the intellectual property rights of its website and the catalog of products available in the online store. Therefore, the reproduction, in whole or in part, of any elements of the website and catalog on any type of medium, as well as their use or transfer to third parties without explicit authorization, is prohibited.

  • Null clauses

If one or more clauses of these Terms and Conditions are deemed invalid or declared as such in application of a law or regulation, or as a result of a final decision made by a competent jurisdiction, the other clauses remain fully valid and effective. In addition, the null clause has to be interpreted or converted into a valid one with the same purpose.

  • Legge applicabile

In case of a dispute and in the absence of an amicable agreement reached between the parties, without prejudice to the possible applicability of mandatory provisions of law protecting consumers (as defined pursuant to art.1 lett. b) of Legislative Decree no. 185 of May 22, 1999), any dispute relating to these Terms and Conditions is subject to the application of Italian law.

Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the Customer declares to have carefully read and understood and to specifically accept the following clauses of the OLEIFICIO AGRICOLO S. CARLO Sales Terms and Conditions: 1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24.