General Terms and Conditions

SECTION 1. GENERAL INFORMATION AND LEGAL BASIS.

1.1 GENERAL INFORMATION

The present general conditions of sale (hereinafter referred to as “Conditions”), govern the retail sale carried out in Italy, by Azienda Agricola Stilo Maria Amalia (hereinafter referred to as “Owner”), and are addressed to Users(hereinafter referred to as “Users”), who purchase the products through the website found at the following URL:www.amailuolive.com (hereinafter “Site”), by phone/fax, and/or by mail.

The ownership of the Site is owned by: Azienda Agricola Stilo Maria Amalia, (hereinafter “Owner”), located in: Contrada Chianore, snc, 88040 Settingiano (Cz)ITALY, VAT No.: 03581410796, which directly takes care of the contents and the commercial, organizational, logistical and accounting – administrative management of sales.

For purchases of products outside of Italy and to know the foreign countries in which it is possible to make purchases theAzienda Agricola Stilo Maria Amalia invites “Users” to choose on the site the country of interest as well as to consult the relevant “Conditions”.

The “headings” and “paragraph numbering” used in these “Terms” are included for convenience only and will not limit or affect in any way the terms contained therein.

Finally, where given in the following paragraphs, the terms:

– “we” and “our,” refer to the “Owner” who operates the “Site” and offers “Users” all the information, tools and services available therein.

– “you” and “your”, refer to the “User” who uses the services of the “Site” and makes, in the manner described below, purchases of products as represented in the Showcase of the “Site” itself.

1.2 LEGAL BASIS

For what is not expressly provided below, purchases made on the “Site” are protected: by the rules of d. lgs. n.206/2005 (consumer code) and ss.mm.ii.; by D. Lgs. n. 70/2003 and ss.mm.ii., where applicable; by the provisions of the Civil Code.

1.3 DEFINITIONS

Conditions	General Terms and Conditions of Sale (also called Terms of Use) refers to the contract governing the online sales relationship between the user and the owner of a site or application (mobile or desktop).
Holder	Azienda Agricola Stilo Maria Amalia; Contrada Chianore, snc, 88040 Settingiano (Cz) ITALY, VAT No.: 03581410796; No. REA: CZ- 204301
Website	Website: www.amailuolive.com
Site Users	Consumer: a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity. Professional: an individual or legal entity engaged in trade, business, craft or professional activity. Customer(s): Consumer who possesses the age of majority and/or Professional who purchases the goods and to whom these GTC shall apply indifferently.
Contract	A sale that has as its object the transfer of ownership of a thing or the transfer of another right for the consideration of a price, including these Conditions
Service	Online sale made through the Internet, by means of the User’s access to the website of the “Owner” who is obliged to perform all services as described in the Terms of Sale.
Third Parties	Parties other than the “Owner” who operate stores, provide services, or sell product lines on sites other than the “Owner’s” site.
Copyright	Copyright protected by rules establishing ownership and use of an intellectual asset
Property Rights Intellectual	Patents, copyrights, designs, trademarks, registered designs, moral rights, design rights (registered or unregistered), know-how, databases, business names and trademarks, rights to proprietary information and data, and any other property rights (including related applications for registration, and the right to apply for registration or protection of the above rights), existing or enforceable anywhere in the world
Product sheets	a kind of identity card that contains all the data and information that the “User” needs to know before making a purchase
Orders	Set of transactions for the marketing of goods and services between the “Owner” (offer) and the “User” (demand), carried out through the use of the website
Product Availability	Verification carried out by the “Owner” based on the actual availability of a Product taking into account the number and extent of orders placed by “Users” in the very short period.
Strength Events Major	Event of such a force that it is not objectively possible to resist
Consumer Code	It is understood to mean the Legislative Decree. September 6, 2005, no. 206 (Consumer Code) as amended and supplemented;

 

SECTION 2. TERMS AND CONDITIONS OF THE ONLINE STORE

2.1.OVERVIEW.

By visiting our site and/or purchasing something from us, you are using our “Service” and agree to be bound by the terms contained in the “Terms” which also include the additional disclosures mentioned herein and also available via hyperlink.

In particular:

• Transportation arrangements and delivery rates (Links to Section 5 and Section 14)
• Method of Payment (Link to Section 10)
• Returns policy, right of withdrawal and warranties (Link section 23)
• Privacy Policy (Link section 29)

These “Terms” apply to all “Users” of the site, including but not limited to: visitors, suppliers, consumers, customers, professionals, merchants, and/or authors of comments and other content.

Please read these “Terms” carefully, therefore, before accessing or using our “Site,” as by accessing or using any part of it, you agree to be bound by them.

By accepting these “Terms,” you represent that you are at least the age of majority in your State or Province of residence, or that you are the age of majority in your State or Province of residence and have authorized the “Owner” to allow any minor under your responsibility to use this site.

You may not use our products for illegal or unauthorized purposes nor may you, in your use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and/or intellectual property rights laws).

Should you decide not to accept the terms and conditions of this agreement in full, you will not be able to access the “Site” or use the services provided therein by the “Owner.”

2.2 EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee or represent that your use of our “Service” will be uninterrupted, timely, secure, or error-free.

You acknowledge that we may occasionally suspend the service for indefinite periods of time, or cancel the service at any time without sending you any notice.

In no event shall “Holder” and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damage of any kind – including without limitation: lost profits, lost savings, loss of data, replacement costs or other similar damages, whether in contract, tort (including negligence), strict liability or otherwise – arising out of the use of any of the services or products obtained using the service, nor for any other claim relating in any way to the use of the service or product, including, but not limited to, any errors or omissions in content, loss or damage of any kind related to the use of the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if informed of such possibility.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability will be limited to the maximum extent permitted by law.

2.3 OPTIONAL TOOLS

In the future, we may also offer new services and/or features through the “Site” (e.g., by introducing new tools and resources). Such new features and/or services will also be subject to the terms contained in these “Terms.”

2.4 THIRD-PARTY LINKS

Some content, products and services available on our “Site” may include “third-party” materials.

Third-party links on this site may direct you to external websites, which are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of the information on such websites and therefore make no warranties about the materials, products, or services made visible therein.

We will not be liable for any damages related to the purchase or use of goods, services, or any other transactions made through third-party websites.

We recommend, therefore, that you carefully review the policies and procedures of third parties and make sure you understand them before making any transactions. Complaints, inquiries, concerns, and questions about third-party products should be directed to those concerned.

2.5. PROHIBITED USES

In addition to the other prohibitions set forth in these “Terms,” it is prohibited to use the site or its content:

(a) for illegal purposes; (b) to induce others to perform or participate in unlawful acts; (c) to violate international, federal, provincial or state laws and regulations, or local ordinances; (d) to infringe or violate our or third parties’ intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, denigrate, intimidate, or discriminate against someone on the basis of gender, sexual orientation, religion, ethnicity, age, country of origin, or disability; (f) to provide false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code likely to affect the functionality or operation of the Service, any related websites, other websites, or the Internet; (h) To collect or monitor the personal information of other users; (i) for spam, phishing, pharming, pretexting, use of spiders, crawling or scraping; (j) for any obscene or immoral purpose; or (k) to thwart or circumvent the security features of the Service or any related websites, other websites, or the Internet.

Violation of any provision of the “Terms” will result in immediate termination of the “User’s” right to use the Services offered.

2.6 – COPYRIGHT

You also agree not to extract, reproduce, duplicate, copy, sell, resell or exploit any part of the Site and/or printed catalogs without prior, express written permission from us.

The “Owner” has any and all intellectual property rights over the Site, the brands: “Amaliù olive oil”, “Azienda agricola Stilo Maria Amalia” and the content and materials published therein (domain names, trademarks, texts, images, etc.).

2.7 – COMMENTS, FEEDBACK AND OTHER MATERIALS SUBMITTED

If the “User” submits online, by email, by regular mail, or otherwise certain materials (jointly referred to as “comments”) – for example, at the request of the “Owner”, submissions for participation in contests, or without an express request, creative ideas, suggestions, proposals, plans, or other materials – he or she also agrees that the “Owner” may at any time and without limitation modify, copy, publish, distribute, translate, or otherwise use in any way and by any means the submitted comments.

The “Holder,” in fact, will have no obligation to:

(1) Keep comments confidential;
(2) pay fees for comments;
(3) respond to comments.

The “Owner” may (without having any obligation to do so) monitor and/or remove, where necessary, content deemed unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable.

The “User” agrees to avoid comments that infringe on the rights of third parties, including copyrights, trademarks, privacy rights, personality rights, and other real or personal rights. In addition, you agree not to post comments that contain defamatory or otherwise illegal, offensive or obscene material, or computer viruses or other malware that threaten to disrupt the operation of the Service or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead “Holder” or third parties about the origin of any comments. You will be solely responsible for the comments you submit and their accuracy.

The “Owner” assumes no responsibility for any comments posted by the “User” or third parties.

SECTION 3 – ACCURACY, COMPLETENESS AND FAITHFULNESS OF INFORMATION

The “Owner” has made every effort to show faithful colors and images of the products in the online store, however, the images of the Products for sale, may not be perfectly representative of their characteristics, but differ in whole or in part, also due to the characteristics of the Internet browser and/or monitor used by the “Users”.

That is why the materials included on this site and/or in the printed catalogs, are intended as indicative only and do not constitute a contractual element. They should not, therefore, be taken as a reference or used as the sole basis for making decisions, even if the essential characteristics of the Products offered are presented with appropriate product sheets.

The “Site” may contain some historical information. Historical information, necessarily, is not current and is provided for reference only.

Although the “Owner” would not be under an obligation to update any information on the “Site,” it undertakes to do so on an ongoing basis.

No update date specified in the “Site” or any related website shall be construed as a guarantee that all information in the “Site” or any related website has been corrected and updated.

SECTION 4 – SUBJECT MATTER OF THE CONTRACT

The Subject of these “Terms” refers to the offer by the “Owner”, of different categories of products that the “User” intends to purchase, through interaction with the “Site”, i.e. remotely via telematic tools.

As a rule, the products offered on the “Site”, are in stock. At the time of the Order, the “Owner” will verify the actual availability of a Product taking into account the number and size of orders placed by “Users” in the very short period.

Because Products are offered within the limits of actual in-stock availability, Orders may be subject to quantity limitations. The “Holder” verified the availability of the product, will immediately notify the “User” by e-mail or – if he did not issue e-mail – by telephone. Indeed, in case of a negative outcome, the right to propose to the “User” to change the Order made or to cancel it will follow.

In the latter case, the payment authorization will also be cancelled and, where the same has already occurred, the price already paid by the “User” will be refunded in full, using equal form of payment.

SECTION 5 – CHANGES IN SERVICE AND PRICING

Prices, published next to each product placed on sale, are valid for Italy only and are inclusive of VAT and all other applicable taxes and duties.

The total amount charged is the sum of the prices of the products purchased (in effect and published on the site at the time of the order), plus the contribution for delivery charges, a value this is made visible or communicated separately.

Transportation and related Delivery Rates are published in the specific section of the Site and are inclusive of VAT.

The “Owner,” reserves the right to change both product prices and delivery charges shown on the Site at any time.

However, any changes made after the order has been placed by “Users” will not be made effective.

“The Holder” invites the “User” to check the indicated price before placing the order.

In the event that, due to misunderstandings or other inconveniences attributable to the operation of computer systems, a price other than the actual price is indicated in error, “the Holder” will promptly contact the “User” to ascertain whether he or she still wishes to purchase the product at the correct price or to abandon the order.

In the latter case, the payment authorization will also be cancelled and, where the same has already occurred, the price already paid by the “User” will be refunded in full, using equal form of payment.

SECTION 6. – CONCLUSION OF THE CONTRACT

Contracts relating to the purchase of Products will be made exclusively in the Italian language.

The presentation of the Products on the Site constitutes an invitation to “Users” to make, with respect to the “Holder”, a purchase proposal. Such invitations to bid are not binding on the “Holder” and, in particular, do not constitute offers to the public within the meaning and effect of Art. 1336 of the Italian Civil Code, remaining in the full discretion of the “Holder” any decision regarding the acceptance of the proposals that may be made by the “Users”, also depending on the actual availability of the Products and the place where they are to be delivered.

The “Owner” reserves the right to restrict even on a case-by-case basis, the sale of products with respect to any person, geographic area or jurisdiction.

SECTION 7. -ACCEPTANCE OF ORDERS VIA INTERNET

You must be of legal age to place an order.

In order to proceed with the purchase of one or more Products through the Internet, it is not necessary for the “User” to register in advance on the Site, it being sufficient that he or she provide the “Owner”, in compliance with the applicable provisions on the protection of personal data, with all the data necessary to allow the “Owner” itself to accept and execute the Orders placed, authorizing him or her to process them also pursuant to Of the Legislative Decree of June 30, 2003, no. 196 “Personal Data Protection Code” and Art. 13 of the GDPR (EU Regulation 2016/679).

The “User” registered to the site agrees to diligently guard the credentials for access to the site and is solely responsible for all activities performed on behalf of his/her account.

Upon entering the Site, the “User” may select one or more Products for which he or she intends to make a purchase, placing them in a virtual “shopping cart,” the contents of which he or she may always view or modify before proceeding to place the Order.

By clicking on the “Proceed to Purchase” button, the “User” will initiate the Order submission process. In the formulation phase of the Order and until its actual submission the “User” will, however, have the opportunity to review the data entered by clicking on the “Back” button, so as to identify and correct any incorrect information.

By clicking on the “Proceed with Order” button, upon completion of the procedure initiated pursuant to the preceding paragraph, the “User” shall pay the price of the ordered products in full, following the payment methods set forth in SECTION 10 of these “Terms” below, and shall place the Order with respect to the “Holder”. Any Order placed in this manner shall be construed, for all purposes, as a contractual proposal by the “User.” Submission of the Order by the “User” will be promptly followed by confirmation from the “Owner” regarding receipt of the Order by sending an e-mail to the e-mail account communicated by the “User”. By sending such email, the “Owner” will also notify the “User” whether or not the Order may be accepted (the Order Confirmation).

The “Owner” shall have the right to accept or not accept the Orders received without the “User” having any rights or claims against the “Owner” in any capacity in case of non-acceptance.

The Order shall in any case be deemed accepted – and consequently the Contract concluded – at the moment when the “User”” receives, on his e-mail address, the e-mail containing the message of shipment and scheduling of delivery of the ordered products.

Only upon delivery of the shipment will the distance sales contract (hereinafter, “Contract”) be deemed concluded pursuant to Art. 50 et seq. of Leg. September 6, 2005, no. 206.

In the event of any inability, even temporarily, to fulfill all or part of an order received, the obligations set forth in Sections 4 and 5 of these “Conditions” shall apply to the “Holder.”

SECTION 8 – ACCEPTANCE OF ORDERS BY TELEPHONE

The “User” may also make the purchase of Products by contacting customer service, every weekday from Monday to Friday from 10 a.m. to 1 p.m. and 2 p.m. to 7 p.m.

In order to proceed with the placing of a Telephone Order through the customer service pursuant to the previous SECTION, the “User” shall provide the operators with all the data necessary for its completion or, otherwise, requested by the “Holder”(including: first name, last name, customer code, e-mail address, billing address and shipping address, if different of the billing address).

The Order shall be deemed to have been placed at the end of the telephone communication and shall be construed, again, as a contractual proposal within the meaning and effect of Art. 1326 of the Italian Civil Code.

Submission of the Order by the “User” will be followed by confirmation by the “Owner”, via e-mail. In any case, the Contract will be considered concluded at the moment when the “User” receives, on his/her e-mail address, the Order Confirmation e-mail with the acceptance expressed by the “Owner”.

Before proceeding with the placing of any Order, either in the manner set forth in the Section “ACCEPTANCE OF ORDERS VIA INTERNET” or in the manner set forth herein, the “User” is urged to read these “Terms” with the utmost attention.

SECTION 9 – MINIMUM ORDER

There is no minimum spending amount.

Nevertheless, the “Owner” at its sole discretion, in addition to being able to operate the restrictions already provided for in SECTIONS 4 and 5 above of these “Conditions,” reserves the right to limit or prohibit orders that appear to be placed by wholesalers, retailers or distributors.

You may also, reduce the quantities purchased per person, per household, or per order. These restrictions may also apply to orders placed:(a) from the same “User” account; (b) from the same credit card; (c) from the same billing and/or shipping address.

SECTION 10- PAYMENT

Unless he chooses to take advantage of the “Payment on Delivery” option (Mode this granted only if the shipment of the goods will affect the Italian territory), the “User” will pay in full the price of the products ordered at the same time as placing the Order.

As part of the Order submission process, different payment methods may be proposed by “Holder”, at Holder’s complete discretion, such as, but not limited to:

payment by credit card (Visa, MasterCard, American Express),

The payment through the secure system “Paypal”,

payment by prepaid card (e.g., “Postepay”).

Payment by cash on delivery (cash on delivery)

prepayment by bank transfer, check, deposit in c.c.p.

The “User” will then be asked, during the procedure, to indicate the payment method he or she wishes to use from among those proposed by the “Owner.” You will also be able to access further information by consulting, on the “Site,” the appropriate notice entitled: Payments.

If the Order is placed by mail, by telephone and/or by facsimile, pursuant to Section 8 above, payment of the price shall be made at the same time as acceptance of the order through the use of a credit card, unless the “User” has first agreed with the “Holder” on the form of payment in cash upon delivery of the Products or advance payment by bank transfer.

For Orders of less than € 500 VAT included, there is also the possibility to pay cash on delivery (cash on delivery). This payment method has an additional cost of 3.5% of the total amount of the order and, in any case, not less than € 4.9.

At the time of delivery, it is necessary for the “User” to have available the exact amount to be paid to the courier, as indicated in the shipment confirmation e-mail. It should be noted that the courier cannot give change in cash or accept bank or bank drafts.

Any transfer and deposit fees, shall be borne solely by the “Consumer”.

Shipments of products, will be made after receiving confirmation of payments. For a Bank Transfer, the credit to the bank account shall be deemed authentic, for payment by credit card the confirmation of the transaction by the circuit.

All financial information and data required for the transaction will be transmitted via encrypted protocol to other banks, which provide the relevant remote electronic payment services, without third parties having access to it. With the use of these instruments, a payment authorization may be requested by the payment processor from the issuing bank to verify the validity of the payment method, whereby the “User’s” bank may block the amount equal to the order fee until the transaction is processed or until the authorization expires. In case of anomalies or irregularities resulting at the time of authorization and/or payment, the “Owner” reserves the right not to accept the order and/or to terminate the concluded contract, if any, without the “User” being entitled to compensation for any damages or to assert any other claims.

SECTION 11 -INVOICING

The “User” by placing the order in online mode and/or by telephone or mail, will also enter and/or communicate, their VAT number and/or their tax code. In addition, where expressly requested, for each order, you will receive regular Invoice, issued by the “Holder” exclusively in electronic format.

In fact, the information provided at the time of the Order will be the basis for issuing the invoice. No change in the invoice will be possible after it has been issued, except in the case of an error or omission attributable to the “Holder.” When placing the Order, you must also indicate the shipping address even if it is different from the billing address and, if applicable, the name of a delegate to receive delivery of the Products.

In the event that the “User” chooses not to enter his/her tax code or VAT number, the “Holder” will not issue an invoice, nor will he/she certify the payment by issuing a receipt or tax receipt in accordance with Articles 22, paragraph 1 Presidential Decree 633/72 and Article 2, letter oo) Presidential Decree 696/96.and Article 1, paragraph 1, letter a) of the Ministerial Decree of May 10, 2019. This obligation, on the contrary, continues to exist towards the Professional.

SECTION 12. CASHBACK PROGRAM

With reference to the so-called Program. “Cashback,” governed by the Decree of the Minister of Economy and Finance of November 24, 2020, no. 156 published in the Official Gazette of November 28, 2020 no. 296 and entered into force on November 28, 2020, the “Holder” will not be in any way responsible for any failure to obtain a refund resulting from possible errors and/or omissions made by the “User” in complying with the correct procedure set forth in the Decree of the Ministry of Economy and Finance to obtain it.

SECTION 13 – VAT EXEMPTION

If the “User” owns a business and/or has a VAT number outside the territory of Italy, he/she will be able to make purchases without paying VAT.

Here is below, laid out the procedure for obtaining VAT exemption:

1. The “User” places the order by selecting “BANK TRANSFER” as the payment.
2. send an e-mail to shop@amaliuolive.com with the subject line “TAX-EXEMPT” indicating the details of the company to be invoiced and the order number.
3. The accounting department of the “Holder” will check the accuracy of the data.
4. The “User” will receive a proforma with prices without VAT and will pay the amount
5. Once payment is received, the “User” will receive the final invoice exempt

Important:

Since the described procedure is the only one that enables the “User” to request exemption from VAT payment, the “Holder” will not be able to accept requests for VAT Exemption submitted after the purchase or requests that refer to Orders paid using methods other than “BANK TRANSFER”

SECTION 14 – DELIVERY

The “Owner” sells and delivers the Products offered on its “Site” at the time of the order, directly to the address given by the “User” in full compliance with applicable laws and regulations.

The “Holder” does not, in any case, make mailings to Mail Boxes, to companies that provide domiciliation services or Post Office Boxes.

The delivery of the Products is made through the use of national and international couriers (GLS, UPS, FedEx, Bartolini, SDA and others), who assume full responsibility for delivery to the address indicated by the “User” from the moment the Products are taken over by the “Holder”.

In case of absence during delivery, the courier will leave a notice of passing at the delivery address given by the “User.” Products must be picked up at the address and in the manner specified by the carrier. In case of failure to collect the Products within the time limit set by the courier, the Products will be returned to the “Holder”, who reserves the right to refund the price of the same, leaving the shipping costs to be borne by the “User”.

Deliveries are made only to the countries indicated on the “Site.” The “User” therefore before proceeding to complete the Order is always invited to read the mode of Transport and rates so as to check whether the area to which he requests the shipment to be made, falls within the list of countries that periodically, the “Owner” is called upon to update.

Regardless of the actual availability of the Products, the “Holder” reserves the right not to accept or not to execute Orders that provide for the delivery of the relevant Products outside the Italian territory, i.e. in the Municipalities of Livigno or Campione d’Italia.

SECTION 15 – CUSTOMS

Should the products ordered be delivered outside of Italy the “User” may be subject to import duties and taxes, payable once the package reaches the specified destination. Any additional cost of customs clearance will be borne by the “User” who placed the order. The “Holder” does not have control over these costs and cannot predict the amount. Customs policies vary considerably from country to country and the “User” should therefore contact the local customs office for further information. The “User” should also keep in mind that, when placing orders on the “site,” he or she is considered an importer and is therefore required to comply with all laws and regulations of the country in which he or she receives the goods.

SECTION 16 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

The “User” agrees to issue at the time of ordering the information necessary for the delivery of the goods in a complete, truthful and correct manner and not to place orders in such a way as to cause, or be likely to cause, disruption, damage or malfunction to the activities of the “Owner”, or for fraudulent purposes, or otherwise to commit illegal activities, or to cause disturbance or prejudice to the “Owner” or third parties, to as already specified in Section 2.3 “PROHIBITED USES, of SECTION 2 of these “Conditions“. In the event that the above conditions are met, the order may be cancelled, the personal account of the “User” who placed the order blocked and, if necessary, the competent authorities may be informed.

SECTION 17 – DAMAGE AND/OR NON-CONFORMITY

Upon delivery of the goods, the “User” will check the integrity and quantitative and qualitative correspondence of the products.

In the event of any damage or shortage, the “User” should promptly report the issue to the courier, asking it to note the observations in the transport document.

The opposite case, i.e. in case of acceptance of the goods without the “User” opposing a dispute or reservation to the courier, the conformity of the delivery of the purchased goods both in quantity and quality is considered acknowledged.

This is without prejudice to the right of withdrawal under the terms and conditions specified in the appropriate paragraph 18.

SECTION 18 – FORCE MAJEURE

The “Holder” shall not be liable for non-delivery or delayed delivery due to force majeure or unforeseeable circumstances, such as – but not limited to – strikes, Public Authority measures, rationing or shortages of energy or raw materials, transportation difficulties, fires, floods, and damage to industrial machinery not dependent on the “Holder.”

The “Owner” will promptly notify the “User” of the occurrence of a force majeure event. Should the force majeure cause persist for a period exceeding 30 (thirty) days, either party shall be entitled to terminate the contract. In such a case of withdrawal, the “User” shall not be entitled to any compensation or indemnity for any reason whatsoever, without prejudice to the right to a refund of any amount already paid by way of price for both the product(s) covered by the Order and its/their shipment(s).

SECTION 19 – RIGHT OF WITHDRAWAL:

The “User” has the right to withdraw from this agreement without being obliged to provide any kind of reasons.

The Right must be exercised in the forms prescribed by the Consumer Code, as described below.

Obligations of the consumer

The “User” has two main obligations:

• Communicate its intention to withdraw from the contract;
• return the product.

Notice of withdrawal
Regarding the first obligation, the “User” may withdraw from the contract within the period of fourteen calendar days.
For product sales , the period expires in the case of an order:

• relating to a single product, from the day the “User” or a third party, other than the carrier and designated by the carrier, acquires physical possession of the Products;
• relating to multiple products and occurring in separate deliveries, from the day the “User” or a third party other than the carrier and designated by the “User” acquires physical possession of the last product;
• relating to the delivery of a product consisting of multiple lots or pieces, from the day the “User” or a third party, other than the carrier and designated by the “User,” acquires physical possession of the last lot or piece.

Tosend the communication the “User” can:

• Use the model withdrawal form made available by “Holder” pursuant to Art. 49(1)(h) Consumer Code;
• submit any other explicit statement of its decision to withdraw from the contract.

To comply with the terms of withdrawal as previously stated, it is sufficient for the “User” to send the notice regarding the exercise of the right of withdrawal before the expiration of the withdrawal period itself.

In electronic format at:

• Email: info@amaliuolive.com

In paper format at:

• Azienda Agricola Stilo Maria Amalia
• Contrada Chianore, 2nd Trav.
• 88040 Settingiano (CZ)
• ITALY

Product return

The “User” must return the products using a carrier of his or her choice and at his or her own expense, without undue delay and in any case within the period of 14 calendar days from the date on which he or she notified the “Holder” of his or her decision to withdraw.

Obligations of the “Owner”

The main obligation of the “Holder” is reimbursement.

The “Holder” will make the refund using the same payment instrument used by the “User” for the purchase. If the “User” has used cash on delivery, the “Holder” may refund by wire transfer.

The refund must be made within 14 days of receipt of the notice of withdrawal. The “Holder” may withhold the refund until it has received the product, or until the “User” has transmitted proof of shipment (whichever comes first).

SECTION 20 – THE FOLLOWING RULES APPLY TO THE RIGHT OF WITHDRAWAL:

* the “User” exercising it must be an individual;

* the right applies to all products sold through the “Site”;

* the product must be intact, complete with every part, including packaging;

* all direct costs of returning products are borne by the “User”

SECTION 21 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

Pursuant to this Article, the right of withdrawal of the “User” is subject to the exclusions set forth in D. Lgs. 206/2005 and Legislative Decree. 21/2014. In particular, this right may not be exercised with reference to supplies of:

• Custom-made or clearly customized goods;
• assets that are likely to deteriorate or expire quickly;
• sealed goods that are not suitable for return for hygienic or health protection-related reasons and have been opened after delivery;

SECTION 22. LEGAL WARRANTY OF CONFORMITY

All purchased products carry the legal warranty.

The “Holder” applies the legal guarantee of conformity provided by Articles 128-135f of the Consumer Code. The “Owner” shall be liable to the “User” for any lack of conformity of the products sold existing at the time of delivery of such products and manifesting itself within a period of two years from delivery, subject to the shorter of the date of the minimum shelf life or expiration date indicated on the product. The conformity defect must be reported by the “User” within the period of 2 months from the date he/she discovered the defect. Unless proven otherwise, defects of conformity arising within 1 year after delivery of the product are presumed to have existed on that date, unless such an assumption is inconsistent with the nature of the product (e.g., because it is perishable or because it is subject to a shorter expiration date) or with the nature of the defect of conformity (e.g., because of slight deterioration resulting from wear and tear). In any case, damages and/or anomalies that have been procured by the “User” and do not result from a conformity defect are excluded from the legal warranty. An action directed at asserting defects in the products sold is time-barred in 26 months from the delivery of the products.

In the cases referred to in the preceding paragraph, the “User” has the right to the restoration, without charge, of the conformity of the product by means of replacement, or to a proportional reduction in the price or termination of the contract in accordance with the provisions of the Consumer Code.

The report of any defects and non-conformities must be transmitted by the “User” in the manner and to the contact details of the “Holder” indicated in SECTION 19 – “Right of Withdrawal”, with an indication of the defect and/or non-conformity found, as well as the relevant documentation proving the date of purchase.

Upon receipt of such a report, the “Owner” will contact the “User” for his or her enjoyment of the legal warranty within a reasonable time, taking into account the type of product, nature of the defect, and possibility of replacement. If the lack of conformity can be remedied by replacement, the “Owner” will promptly notify the “User” of the manner and timing for the withdrawal of the goods, which will take place, in any case, at no cost to the “User”.

SECTION 23 -CLAIMS EUROPEAN DISPUTE PLATFORM

Without prejudice to complaints of non-compliance, for any reports, complaints or inquiries, the “User” may contact directly at: shop@amaliuolive.com, quoting where appropriate, the order number assigned, shown on the order confirmation sent on the e-mail account communicated by the “User”.

Pursuant to European Union Regulation no. 524/2013, the “Owner” informs the “User” of his or her right to appeal to the European Dispute Resolution Board as an alternative to the ordinary courts.

Therefore, the “User” residing in Europe will be able to use the online platform established by the European Commission as a non-judicial alternative dispute resolution tool related to contracts of sale of goods and services concluded online and/or arising from them.

The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr

The Vendor’s e-mail address to be included in the complaint is: shop@amaliuolive.com. Should the attempt at amicable settlement fail, the dispute will be referred to the Judicial Authority of the Court of residence or domicile of the “User” which has exclusive and mandatory territorial jurisdiction.

The “User” is therefore invited to read the information on the Withdrawal, Return and Warranty policy as set forth therein, and summarized in the appropriate section of the “Site”.

SECTION 24 – RESOLUTION

The provisions contained in the “Terms” will be effective until terminated by you or us. The “User” may terminate the Terms contained in the “Terms” at any time by informing the “Owner” that they no longer wish to use the Services provided on the “Site.”

Other than for the cases stated in Section 2.5 of these Conditions, if the “User” violates any provision of the “Conditions,” the “Owner” shall proceed to terminate this agreement at any time without notice. In this case, up to and including the termination date, the “User” will still be liable for all sums that may be due.

SECTION 25 – APPLICABLE LAW

The sale of Products and/or provision of services takes place within the territory of the Italian State and is subject to the laws in force in the Italian Republic.

The “Terms” are governed by Italian law and in particular by Legislative Decree No. 6 September 2005. 206, Consumer Code, with specific reference to the regulations on distance contracts concluded with Consumers and by Legislative Decree April 9, 2003 no. 70 on certain aspects concerning electronic commerce.

SECTION 26 – CHANGES TO TERMS AND CONDITIONS OF SERVICE

The “Owner” reserves the right to vary the terms contained in these “Terms”.

Any new conditions become effective from the date of publication.

The “User” is therefore urged to read the “Terms” carefully each time he or she makes a purchase on the “Site.” Anyone may review the most recent version of the “CONDITIONS” by accessing the specific “Terms of Sale” section, as listed on the “Site.”

Any features and/or tools added to the current store will also be subject to these “CONDITIONS”.

SECTION 27 – SEVERABILITY

In the event that any provision of the “Terms” is held to be illegal, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed without prejudice to the validity and enforceability of the remaining provisions.

SECTION 28 – SUBSTITUTION CLAUSE

Failure to exercise or enforce any right or provision of these “Terms” shall not constitute a waiver of such right or provision.

These “Terms” constitute the entire agreement and understanding with the “User” and supersede, in effect, any and all prior or contemporaneous agreements, communications and/or proposals, whether oral or written(including, without limitation, any prior versions of the “Terms”).

Any ambiguities in the interpretation of these “Conditions” shall not be construed against the “Holder.”

The language in which the Contract is concluded is Italian. In the event of a conflict between the Italian version and any other versions prepared in a language other than Italian (intended for other territorial areas) the meaning and interpretation of the Italian terms given in the current “Conditions” will prevail.

For any dispute arising from the interpretation of these “Terms” or their execution or concerning the termination of this distance selling contract under Art. 63 of the Consumer Code, the mandatory territorial jurisdiction is of the court of the place of residence or domicile of the “User” itself, if located in Italy.

SECTION 29 – PROTECTION OF PERSONAL INFORMATION

The processing of personal data of “Users” by the “Owner”, will be carried out with respect for the fundamental rights and freedoms, as well as the dignity of those concerned, with particular reference to confidentiality, personal identity and the right to protection of personal data, in accordance with the provisions of the Privacy Code.

In compliance with current data protection regulations, the contents of “Users”(with the exception of credit card information) may be transferred in plain text and imply:

(a) broadcasts on various networks;

(b) changes to conform and adapt to the technical requirements of networks or connecting devices.

Credit card data is always encrypted during transfer over networks.

Personal information is used for the sole purpose of completing orders in the shopping cart or, when the “Holder” is authorized to do so, to communicate news, promotions or other initiatives of possible interest.

We assure you that the “Owner” will not disclose the data of “Users” to other companies or entities that might use them for unwelcome commercial or promotional actions.

The only external parties who may receive personal data are those who cooperate with the “Owner” in handling business transactions, such as banks, post offices, and couriers.

In this regard, the “User” is invited to read the detailed disclosures, made pursuant to Art. 13 of Legislative Decree. 196/2003, set forth in the SECTION “Privacy Policy”, available on the “Site” and, in cases where it is provided, to want to grant consent for further processing.

SECTION 30 – MANNER OF FILING THE CONTRACT

Pursuant to Art. 12(1)(b) of Leg. 70/2003, the “Holder” informs the “User” that every order sent is stored in digital/paper form on the server/at the premises of the “Holder” itself, according to criteria of confidentiality and security.

SECTION 31 – CONTACTS

Any questions regarding the Terms and Conditions of Service should be sent to us at marketing@amaliuolive.com.