Terms and Conditions of Sale

Preamble The offer of this online store is provided by Frantoio Oleario Vincenzo Fazio di Fazio Giovanni, in compliance with current regulations on electronic commerce and distance contracts. Company Information: Frantoio Oleario Vincenzo Fazio di Fazio Giovanni Strada Vicinale Montepovero, No. 3 – 70020 Bitetto (BA) Italy Tel: +39 3773154990 VAT No.: 07089790724 Tax Code: FZAGNN86C24A662P Email: oliofazio@gmail.com The Customer declares to have read all the above information and general terms of sale before placing the order. General Terms of Sale These General Terms of Sale (“Terms”) govern the terms and conditions of sale of products marketed by Frantoio Oleario Vincenzo Fazio di Fazio Giovanni (“Products”). All contracts for the sale of Products by Frantoio Oleario Vincenzo Fazio di Fazio Giovanni to third parties (“Customers”) are governed by these General Terms, which form an integral and substantial part of every 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.
  1. Products: prices and characteristics
Unless otherwise indicated, the prices of the Products published on the website by Frantoio Oleario Vincenzo Fazio di Fazio Giovanni are in Euros and inclusive of VAT. The price guaranteed to the buyer is the one published on the website at the time of sending the order. The price established at the time of purchase is fixed and final. The prices of the Products published from time to time by Frantoio Oleario Vincenzo Fazio di Fazio Giovanni on the website cancel and replace the previous prices and are subject to the actual availability of the Products. Product images are indicative and not binding. The Customer is responsible for the choice of the ordered Products.
  1. Orders – invoicing
Each order of Products transmitted to Frantoio Oleario Vincenzo Fazio di Fazio Giovanni constitutes a contractual proposal from the Customer. The processing of the order by Frantoio Oleario Vincenzo Fazio di Fazio Giovanni constitutes confirmation and acceptance thereof. The tax documentation relating to the ordered Products will be issued by Frantoio Oleario Vincenzo Fazio di Fazio Giovanni at the time of shipment of the Products to the Customer. An invoice will be issued by Frantoio Oleario Vincenzo Fazio di Fazio Giovanni, and the Customer must provide the exact data necessary for invoicing and specify the shipping address of the invoice.
  1. Execution of the order
The order will be executed within the terms specified on the Website. Normally, deliveries take place within 7 working days for Italy and 15 working days for destinations outside Italy for all Products indicated as “available”. In case of non-execution of the order by Frantoio Oleario Vincenzo Fazio di Fazio Giovanni due to the unavailability of the Products ordered by the Customer, Frantoio Oleario Vincenzo Fazio di Fazio Giovanni will inform the Customer as soon as possible about the expected delivery times for the supply of the missing Product. If the Customer does not intend to wait for this time, however not exceeding 30 working days, Frantoio Oleario Vincenzo Fazio di Fazio Giovanni will refund the amounts already paid by him for the unfulfilled supply. In case of stock depletion or unavailability of the ordered Product, Frantoio Oleario Vincenzo Fazio di Fazio Giovanni undertakes to inform the Customer as soon as possible and to specify a deadline for availability. The Customer will confirm his choice by email, either to wait for the availability of the Product or to request a refund.
  1. Order acceptance
The conclusion of the contract will take place only at the time of confirmation of the order by Frantoio Oleario Vincenzo Fazio di Fazio Giovanni. The Customer will receive an email notification of receipt confirming the order with all the constituent elements of the contract (ordered products, prices, delivery dates, shipping costs, etc.). Frantoio Oleario Vincenzo Fazio di Fazio Giovanni reserves the right not to confirm an order for any reason related in particular to a problem of Product supply or concerning the received order.
  1. Product delivery
The Products are delivered to the address indicated by the Customer. Shipments will be made after receiving payment confirmation; for Bank Transfer, credit to our current account is valid, for payment by credit card, confirmation of the transaction by the circuit is valid. For our shipments, we rely on qualified express courier services. Rates for National Service (including Sicily/Calabria) excluding VAT: Parcel weight: up to 6 kg Express: € 6.76 Parcel weight: up to 12 kg Express: € 9.81 Parcel weight: up to 20 kg Express: € 11.06 Parcel weight: up to 40 kg Express: € 14.67 Parcel weight: up to 60 kg Express: € 20.41 Parcel weight: up to 80 kg Express: € 25.53 Parcel weight: up to 100 kg Express: € 30.61 Etc. every 10 kg Express: € 2.40 Etc. over 500 kg Express: € 0.40/1kg Rates for Sardinia: Parcel weight: up to 1 kg Express: € 11.06 Beyond Express: € 0.38/1kg Rates for Minor Islands and Venice Lagoon: Suppl. in addition to the National Express: € 15.49 per indivisible quintal (100kilos) Rates for foreign countries: variable depending on weight. Delivery Times Normally, deliveries take place within 7 working days for Italy and 15 working days for destinations outside Italy only for products available in stock. The shipping times indicated on the website, although carefully evaluated, should not be binding on Frantoio Oleario Vincenzo Fazio di Fazio Giovanni, which may subsequently confirm or modify them, depending on its actual needs. Shipping times are indicated in working days. The shipping time of an order containing items with different delivery times is equal to the longest shipping time of the items in the order. 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 compensation or indemnification of any kind. Frantoio Oleario Vincenzo Fazio di Fazio Giovanni has the right to make, if it deems it appropriate, the delivery of the Products in several successive deliveries, even for the same order. Delivery is considered completed 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, will constitute proof of transport and release of the goods. It is important to know that: At delivery, the Customer must check the content, conformity, and condition of the Product(s). Therefore, at delivery, Frantoio Oleario Vincenzo Fazio di Fazio Giovanni recommends that the Customer checks:
  • the number of packages corresponds to what is indicated in the transport document;
  • the packaging is intact, not damaged, or wet or otherwise altered, including the sealing materials (adhesive tape or metal straps).
If the Customer notices any anomaly, delivery must be refused or products must be accepted with detailed and dated reservations in writing. These reservations must be confirmed to the carrier by registered letter with return receipt within 3 (three) working days following the delivery of the Products. A copy will be addressed to Frantoio Oleario Vincenzo Fazio di Fazio Giovanni. If the courier’s document is signed without any “reservations,” the Customer cannot raise any objections regarding the external characteristics of what was delivered. Any problems regarding the physical integrity, correspondence, or completeness of the Products received must be reported within 3 (three) days of delivery.   Frantoio Oleario Vincenzo Fazio di Fazio Giovanni has the right, at its sole discretion, to make the delivery of the ordered Products through a courier of its choice. Unless otherwise indicated, all deliveries are made at ground level. Special delivery conditions and terms must be agreed upon in advance between the Customer and Frantoio Oleario Vincenzo Fazio di Fazio Giovanni and accepted in writing by Frantoio Oleario Vincenzo Fazio di Fazio Giovanni.
  1. Retrieval of products in case of Customer’s absence
In case the recipient is absent during delivery, the carrier will leave a notice of attempted delivery at the address provided by the Customer. The Products must be retrieved at the address and according to the procedures indicated by the carrier. If the Products are not retrieved within the timeframe established by the carrier, they will be returned to Frantoio Oleario Vincenzo Fazio di Fazio Giovanni, who reserves the right to refund the price of the Products, leaving the shipping costs to be borne by the Customer. In case of an error concerning the Product, the Customer agrees to return said Product or the affected Products to Frantoio Oleario Vincenzo Fazio di Fazio Giovanni within 7 (seven) days of receipt, provided they are returned with the packaging sealed, in their original condition and packaging with accompanying documents. Once the Product is received in the correct form and manner, Frantoio Oleario Vincenzo Fazio di Fazio Giovanni will resend the originally ordered Product at its own expense.
  1. Force majeure
Explicitly considered as cases of force majeure, 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 transportation or supply means for any reason, governmental or legal restrictions, computer malfunctions, blockage of telecommunications including networks and particularly the Internet. In the event of force majeure, the execution of the order will be suspended, initially and rightfully. If a period of 3 (three) months passes and the parties acknowledge the persistence of the force majeure event, the order will be automatically canceled, unless otherwise agreed by both parties.
  1. Right of withdrawal
8.1 Pursuant to art. 5 of Legislative Decree May 22, 1999, no. 185, the Customer – if qualified as a “consumer” pursuant to art.1 letter b) of the same Decree – has the right to withdraw from the contract and return the ordered Products, without any penalty and without specifying the reason, within 10 (ten) working days from receipt of the Products themselves. 8.2 The right of withdrawal referred to in the previous article 9.1 must be exercised by the Customer, under penalty of forfeiture, by sending a registered letter with return receipt to Frantoio Oleario Vincenzo Fazio di Fazio Giovanni, Strada Vicinale Montepovero, no. 3 – 70020 Bitetto (BA) Italy, within the period of 10 (ten) working days from receipt of the Products. 8.3 All returns, which must be perfectly intact and accompanied by the original packaging, must be authorized by Frantoio Oleario Vincenzo Fazio di Fazio Giovanni (email address: oliofazio@gmail.com). Once the return is authorized, the Customer can send the Product to the following address: Frantoio Oleario Vincenzo Fazio di Fazio Giovanni, Strada Vicinale Montepovero, no. 3 – 70020 Bitetto (BA). Cash on delivery parcels will not be accepted. 8.4 Once the Products are received and their integrity verified, Frantoio Oleario Vincenzo Fazio di Fazio Giovanni will, as soon as possible, credit the Customer with the cost of the returned Products as indicated on the invoice, retaining the amount of the shipping costs, which will remain definitively charged to the Customer. 8.5 The right of withdrawal referred to in the previous article 8.1 cannot be exercised by the Customer in the event that the purchased Products consist of bottles of oil that have been opened by the Customer himself or if the articles subject to sale have been ordered and produced expressly upon the customer’s order. In case of damage to the goods during the return transport of them, Frantoio Oleario Vincenzo Fazio di Fazio Giovanni will notify the Customer of the incident, within 5 working days from receipt of the goods in its warehouses. This allows the Customer to promptly report to the chosen courier and obtain reimbursement of the value of the goods, if insured. In this case, the Product will be made available to the Customer for its return, simultaneously canceling the withdrawal request. Frantoio Oleario Vincenzo Fazio di Fazio Giovanni is in no way responsible for damages or theft/loss of goods returned with uninsured shipments. During the withdrawal period mentioned in article 15, the Customer is responsible for the object as a custodian. In case of damage or destruction of the Product during the Customer’s custody, the right of withdrawal will be forfeited.
  1. Payment
Payment of the order/price is due at the time of the order. The Customer undertakes to pay the agreed price for the Product ordered on the Website – price of the Products and shipping – as well as to pay or arrange for payment, if necessary, directly to the courier or transporter, the VAT or other taxes related to the import of the Products in the countries where delivery will take place. Accepted forms of payment are: Paypal, credit card, advance bank transfer, cash on delivery. The Customer guarantees to Frantoio Oleario Vincenzo Fazio di Fazio Giovanni that they have any necessary authorizations to use the payment method by card when ordering or by bank transfer in favor of Frantoio Oleario Vincenzo Fazio di Fazio Giovanni. In case Frantoio Oleario Vincenzo Fazio di Fazio Giovanni does not receive any bank transfer within 10 days following the order confirmation, Frantoio Oleario Vincenzo Fazio di Fazio Giovanni reserves the right to cancel the order. Bank details are provided at the time of ordering. The Customer guarantees to Frantoio Oleario Vincenzo Fazio di Fazio Giovanni that they have any necessary authorizations to use the Paypal payment method when ordering. For all countries where customs duties are applicable, these are borne by the buyer. Payment of such duties is a necessary condition for the delivery of the product ordered and purchased on the website.
  1. Non-payment – Reservation of ownership
The Products ordered remain the property of Frantoio Oleario Vincenzo Fazio di Fazio Giovanni until full and final payment of their price, in accordance with Article 1523 and following of the Italian Civil Law. Frantoio Oleario Vincenzo Fazio di Fazio Giovanni reserves the right to claim the ordered Products in case of non-payment.
  1. Complaints
Claims regarding non-conformity of the delivered Product(s) with the order must be submitted in writing directly to Frantoio Oleario Vincenzo Fazio di Fazio Giovanni immediately after receiving the goods. The Customer must keep the original packaging and the delivery document.
  1. Personal Information
The computer processing of information, including the management of users’ email addresses on the website, is carried out in accordance with legal provisions. The personal information requested from the Customer is essential for processing and forwarding orders, creating invoices, and any warranty contracts. For this purpose, such information may be communicated to the contractual partners of Frantoio Oleario Vincenzo Fazio di Fazio Giovanni. The Customer may object to such communication and, in accordance with the law, has the right to access, modify, rectify, and delete data concerning them by contacting Frantoio Oleario Vincenzo Fazio di Fazio Giovanni at Strada Vicinale Montepovero, n. 3 – 70020 Bitetto (BA) Italy. To prevent any attempts of fraud, Frantoio Oleario Vincenzo Fazio di Fazio Giovanni may ask you to provide proof of your identity and your address.
  1. Electronic Signature
The “validation click” constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
  1. Failure to Waive
For Frantoio Oleario Vincenzo Fazio di Fazio Giovanni, the failure to enforce any default by the Customer with respect to any of its obligations shall not be construed as a waiver of the obligation in question or the ability to enforce this default at a later time.
  1. Entirety of the Contract
These general terms and conditions of sale constitute the entirety of the parties’ obligations. No other general or specific condition communicated by the Customer may be incorporated into or deviate from these general conditions.
  1. Intellectual Property
Frantoio Oleario Vincenzo Fazio di Fazio Giovanni holds the intellectual property rights to the Website and the right to disseminate the elements contained in the online store catalog. Therefore, partial or total reproduction, on any type of medium, of the elements composing the Website and the catalog, their use, as well as their transfer to third parties, are formally prohibited.
  1. Nullity
If one or more provisions of these general terms and conditions are considered invalid or declared as such in application of a law, regulation, or as a result of a final decision taken by a competent jurisdiction, the other provisions shall retain their full force and value.
  1. Jurisdiction
In the event of a dispute and in the absence of an amicable agreement reached between the parties, without prejudice to the possible applicability of mandatory legal provisions protecting consumers, as defined pursuant to Article 1 letter b) of Legislative Decree No. 185 of May 22, 1999, any dispute arising from these General Terms and Conditions shall be exclusively referred to the jurisdiction of the Court of Bari. Pursuant to Articles 1341 and 1342 of the Italian Civil Law, the Customer declares to have carefully read and understood, and specifically accepts, the following clauses of the General Terms and Conditions of sale of Frantoio Oleario Vincenzo Fazio di Fazio Giovanni: 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.