This document sets out the general terms and conditions on the basis of which users are asked to use the www.oliocavicchi.com website offering edible oil of any kind.
To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set out below:
Owner: Stefano Cavicchi, Via F. Migliari, 7 int. 2 - 44123 Ferrara, Tax code CVCSFN61B26D548R, VAT no. 01875610386, PEC address firstname.lastname@example.org
Application: the website www.oliocavicchi.com
Products: the products supplied to the user by the Controller
User: any person who accesses and uses the Application
Consumer User: the natural person over the age of 18 who concludes a contract for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out by him/her Conditions: this contract governing the relations between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application.
Use of the Application implies acceptance of the Terms by the User. If the User does not intend to accept the Terms and/or any other note, legal notice, information published or referred to therein, he/she will not be able to use the Application or its services.
The Conditions may be modified at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.
Before using the Application, the User must read the Conditions carefully and save or print them for future reference.
The Owner reserves the right to change at its own discretion, at any time, even after the User's registration, the graphic interface of the Application, the Contents and their organisation, as well as any other aspect that characterises the functionality and management of the Application, communicating the relevant instructions to the User, where necessary.
All Products offered through the Application are described in detail on the relevant product pages (quality, characteristics, availability, price, delivery times and costs, additional charges, etc.). There may be some errors, inaccuracies or small dierences between what is published on the Application and the actual Product. Furthermore, any Product images are only representative and do not constitute a contractual element.
Purchases and/or requests to supply one or more Products through the Application are allowed to Consumer Users. Purchases and/or supply requests are only permitted to natural persons on condition that they are of age. For minors, any purchase and/or request for supply of Products through the Application must be screened and authorised by their parents or by those exercising parental responsibility.
The offer of Products through the Application constitutes an invitation to offer and the order sent by the User shall be considered a contractual proposal of purchase and/or request for supply, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall be entitled, at its sole discretion, to accept or reject the User's order without the User being able to object or complain of anything for any reason whatsoever.
The contract of sale or supply of the Products shall be deemed concluded with the acceptance by the Owner of the User's contractual proposal. The Controller will accept the User's contractual proposal by sending the order confirmation to the e-mail address indicated by the User or by displaying an order confirmation web page, which will contain the date of the order, the User's data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and taxes, the delivery address, the delivery time and any delivery costs, the methods for exercising the right of withdrawal or its possible exclusion and the guarantee.
The contract of sale or supply of the Products shall not be considered eDfective between the parties in the absence of the above.
In the event that the Product is not available, the Holder shall inform the User of the new delivery or supply terms, asking whether or not he intends to confirm the order. It is understood that the contract shall be deemed perfected in respect of the Products accepted by the Holder.
The User undertakes to verify the correctness of the data given in the order confirmation and to immediately notify the Controller of any errors and shall keep a copy of his order, the relevant confirmation and the Terms.
The User is responsible for keeping his access credentials, which must be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them secret and to ensure that no third party has access to them and to inform the Controller immediately if he suspects or becomes aware of any misuse or improper disclosure of them.
The User guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the Owner harmless and indemnified from any damage, indemnity obligation and/or sanction arising from and/or in any way connected to the violation by the User of the rules on registration to the Application or on the storage of registration credentials.
The registered User may stop using the Application at any time and deactivate his account or request its cancellation through the Application's interface, if possible, or by sending a written communication to the e-mail address email@example.com or by calling customer service at 335 7092442.
In the event of a breach by the User of the Terms or of applicable legal provisions, the Owner reserves the right to suspend or close the User's account at any time and without prior notice.
For each Product, the price including VAT, if due, is indicated. If the nature of the Product means that it is impossible to calculate it in advance, the method of calculating the price is indicated.
In addition, any taxes, additional charges and delivery charges that may vary depending on the destination, the delivery method chosen and/or the payment method used will be indicated. In the event that such items of expenditure cannot reasonably be calculated in advance, there shall be an indication of which expenses will be charged to the User.
The Holder reserves the right to change the price of the Products and any additional costs at any time. It is understood that any price changes shall in no case affect contracts already concluded prior to the change.
The User undertakes to pay the price of the Product at the times and in the ways indicated in the Application and to communicate all the necessary data that may be required.
The Application uses third-party tools to process payments and in no way comes into contact with the payment data provided (credit card number, holder's name, password, etc.). Should these third-party tools deny authorisation for payment, the Owner shall not be able to supply the Products and shall not be held liable in any way.
The User who wishes to receive an invoice will be asked for his billing information. The invoice shall be issued on the basis of the information provided by the User, which the User declares and guarantees to be true, releasing the Controller in full indemnity in this regard.
The tangible Products and/or digital goods supplied on a tangible support will be delivered to the address indicated by the User, in the manner and within the term chosen or indicated on the Application and indicated in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually required to deliver the Product from the time the courier takes delivery.
In the event that it is not possible to deliver the Products requested, the User will be notified promptly by e-mail, stating when delivery is expected or the reasons why delivery is impossible.
If the User does not wish to accept the new deadline or if delivery has become impossible, the User may request a refund of the amount paid, which will be credited promptly in the same mode of payment used by the User for the purchase within a maximum of 14 days from the date on which the Holder became aware of the request.
Upon receipt of the Product, the User shall check its conformity with the order placed and the integrity of the packaging. In the event of obvious damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it at no charge to the User. Once the delivery document has been received, the User may not object to the external characteristics of the Products delivered.
The Owner shall not be liable to any party or third party for damages, losses and costs incurred as a result of the non-performance of the contract due to force majeure.
The right of withdrawal from the contract of sale or supply of Products by the Consumer User is excluded in respect of the supply of Products that are liable to deteriorate or expire rapidly. This category includes all food products (including beverages) that may be sold, as the characteristics and qualities of such Products are subject to alteration also as a consequence of inappropriate storage the supply of sealed Products that are not suitable to be returned for hygienic or health protection reasons and have been opened after delivery In cases where the right of withdrawal is excluded, the Controller shall return the purchased Products to the User, charging him the shipping costs.
For further clarification, please contact the Owner at the e-mail address firstname.lastname@example.org or by calling customer service at 335 7092442.
The legal guarantee of conformity, envisaged by articles 128-135 of the Consumer Code, is recognised for all Products sold through the Application that fall within the category of "consumer goods", as governed by art. 128, 2nd paragraph of the Consumer Code: any movable goods, also to be assembled, except for i) goods subject to forced sale or in any case sold in other ways by judicial authorities, also by delegation to notaries, ii) water and gas, when not packaged for sale in a delimited volume or in a determined quantity, iii) electricity.
The legal guarantee of conformity is reserved for Consumer Users only.
The Holder is obliged to deliver to the Consumer User Products that comply with the sales contract. Products are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist
a. they are fit for the use to which goods of the same type are normally put
b. comply with the description made by the Holder and possess the qualities of the goods that the seller has presented to the consumer as a sample or model
c. they present the quality and performance usual for goods of the same type, which the User Consumer may reasonably expect, taking into account the nature of the Product and, where applicable, public statements on the specific characteristics of the Products made in this respect by the Holder, the manufacturer or his agent or representative, in particular in advertising or on labelling
d. they are also suitable for the particular use intended by the consumer user and which has been brought to the knowledge of the Controller by him at the time of conclusion of the contract and which the Controller has also accepted by concluding facts.
Therefore, any failures or malfunctions caused by accidental events or by the responsibility of the User Consumer or by use of the Product that does not comply with its intended use and/or with the provisions of the enclosed technical documentation are excluded from the scope of the conformity guarantee.
A conformity defect that becomes apparent within 24 months from the date of delivery of the Product must be reported within 2 months from the date of discovery of the defect.
Unless proven otherwise, conformity defects that become apparent within 6 months of delivery of the Product shall be presumed to have already existed on that date, unless this assumption is incompatible with the nature of the Product or the nature of the conformity defect. After 6 months, it shall be the Consumer User that shall have to provide proof that the damage did not originate from incorrect or improper use of the Product.
Pursuant to Article 130 of the Consumer Code, in the event of a lack of conformity of the Product, the User-Consumer has the right to the restoration of the conformity of the Product, free of charge. To this end, the User Consumer may choose between the repair of the Product or its replacement.
This right of choice cannot be exercised if the remedy requested is objectively impossible or excessively onerous. Furthermore, the User Consumer is only entitled to an appropriate reduction in the price or to termination of the contract if one of the following situations occurs: i) repair or replacement is impossible or excessively onerous; ii) the Controller has failed to repair or replace the Product within a reasonable period of time; iii) replacement or repair has caused considerable inconvenience to the User Consumer.
If the User Consumer wishes to avail himself of the remedies provided for by the conformity guarantee, he shall send a written communication to the e-mail address email@example.com or by calling the customer service at 335 7092442. The Owner shall promptly reply to the communication of the alleged conformity defect and shall indicate to the User Consumer the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the reported defect.
The User may upload Contents to the Application, provided that they are not illicit (i.e. obscene, intimidating, abusive, pornographic or in any way illegal or violate the privacy, intellectual and/or industrial property rights of the Owner and/or third parties), misleading, or are not in any other way detrimental to the Owner and/or third parties or do not contain viruses, political propaganda, commercial solicitation, mass e-mail or any other form of spamming. In the event of a dispute by a third party, the User assumes full responsibility and agrees to indemnify and hold the Owner harmless from any damage, loss or expense.
The User guarantees that the Contents are sent to the Application through his/her account by adults of age. For minors, the sending of Content must be screened and authorised by their parents or those exercising parental responsibility. The User is totally and exclusively responsible for the use of the Application with regard to the functions of publication, consultation, management of the Contents and contact between Users, and is therefore the sole guarantor and person responsible for the correctness, completeness and lawfulness of the Contents and his own behaviour.
It is forbidden to use an e-mail address that is not the User's, to use the personal data and credentials of another User in order to appropriate the User's identity, or in any other way to falsely declare the origin of the Contents.
The Owner is not able to ensure timely control over the Contents received and reserves the right at all times to delete, move, modify those that, in its discretion, appear illicit, abusive, diametrical, obscene or damaging to copyrights and trademarks or in any case unacceptable.
The Users grant the Owner a non-exclusive right of use over the Content sent, without geographical area limitations. The Owner may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, broadcast, create derivative works from, host, index, store, annotate, encode, modify and adapt (including without limitation the right to adapt for transmission by any means of communication) in any form, any Content (including images, messages, including audio and video) that may be sent by the User, even through third parties.
The Content sent shall not be returned and the Owner shall not be liable to Users for the loss, modification or destruction of the Content transmitted.
The following is expressly prohibited, unless expressly authorised by the Owner: i) the use of automatic systems for uploading announcements, except for those expressly authorised, ii) the serial publication and/or management of announcements on behalf of third parties by any means or methods, iii) reselling the Owner's services to third parties.
The Owner declares that it is the owner and/or licensee of all the intellectual property rights relating to and/or arising from the Application and/or the Content available on the Application. Therefore, all the trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, contents relating to the Application are and remain the property of the Owner or its licensors and are protected by current trademark laws and relevant international treaties.
The Conditions do not grant the User any licence to use the Application and/or individual contents and/or materials available therein, unless otherwise regulated.
Any reproductions in any form of the explanatory texts and Contents of the Application, if not authorised, will be considered violations of the Owner's intellectual and industrial property rights.
The Application is provided on an "as is" and "as available" basis and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet Users' requirements or that it will never be interrupted or error-free or that it will be free of viruses or bugs.
The Owner will endeavour to ensure that the Application is available 24 hours a day without interruption, but cannot in any way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons entirely beyond the Owner's control or for events of force majeure.
The Owner shall not be liable to the User, except in the case of wilful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of its control or that of its suppliers. Furthermore, the Holder shall not be liable for any damages, losses and costs suffered by the User as a result of the non-execution of the contract for reasons not attributable to him, the User being entitled only to a full refund of the price paid and any additional charges incurred.
The Holder accepts no liability for any fraudulent or illicit use that may be made by third parties of credit cards and other means of payment, as he does not in any way come into contact with the payment data used (credit card number, holder's name, password, etc.).
The Holder shall not be liable for: any loss of business opportunity and any other loss, even indirect, that may be suffered by the User that is not a direct consequence of the breach of contract by the Holder incorrect or unsuitable use of the Application by Users or third parties the issue of incorrect documents or data 8scali due to errors relating to the data provided by the User, the latter being solely responsible for the correct entry In no case may the Holder be held liable for a sum greater than twice the cost paid by the User.
The Owner shall not be held responsible for the non-fulfilment or delayed fulfilment of its obligations due to circumstances beyond the Owner's reasonable control due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, beyond its control. The performance of the obligations by the Holder shall be deemed suspended for the period during which force majeure events occur.
The Holder shall take any action in his power in order to find solutions that enable the proper fulfilment of his obligations despite the persistence of force majeure events.
The Application may contain links to third-party sites/applications. The Owner does not exercise any control over them and is therefore in no way responsible for the content of these sites/applications. Some of these links may refer to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service provided by the third parties will apply to the individual services, with respect to which the Owner accepts no responsibility.
The Conditions are subject to Italian law.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions shall be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to bring proceedings before a judge other than the "consumer court" pursuant to art. 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set out in articles 18, 19 and 20 of the Italian Civil Procedure Code. This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favourable and mandatory provisions envisaged by the law of the country in which they have their habitual residence, in particular in relation to the term for exercising the right of withdrawal, the term for returning the Products, in the event of exercising this right, the methods and formalities for communicating the same and the legal guarantee of conformity.
The Consumer User residing in Europe should be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the User Consumer to settle out of court any disputes relating to and/or arising from contracts for the sale of goods and provision of services concluded online. Accordingly, the User Consumer may use this platform to resolve any dispute arising from the contract concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/
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