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.

To send the communication the “User” can:

  • Use the model withdrawal form (All.1 to these “Terms”) made available by the “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).

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”

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;

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 18 – “Right of Withdrawal”, indicating 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”.

COMPLAINTS 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 review the information on the Withdrawal, Return and Warranty Policy as set forth therein, and summarized in the appropriate section of the “Site.”