terms and conditions

Terms and Conditions of Online Sales Service

Foreword: effectiveness of terms and conditions of sale

The purpose of these terms and conditions of sale (hereinafter, “terms and conditions”) is to regulate the purchase of products made at a distance and made available, via the Internet network, by the site www.anticofrantoiolopes.it (hereinafter, the Site) in compliance with Italian legislation on distance contracts (Legislative Decree 70/2003).

This site is owned by Az. Agricola Cava Gianluigi with registered office in Contrada Mezzana – 87069 San Demetrio Corone (CS) P. IVA 03484950781, and is dedicated to the retail sale of foodstuffs, specifically Organic Extra Virgin Olive Oil.

The seller is:

Az. Agricola Cava Gianluigi with registered office in Contrada Mezzana – 87069 San Demetrio Corone (CS) P. IVA 03484950781

Az. Agricola Cava Gianluigi observes the regulations on contracts concluded at a distance referred to in art. 50 et seq. of Legislative Decree 206/2005 and Legislative Decree 70/2003 and subsequent amendments and additions.

Contracts concluded at a distance with Az. Agricola Cava Gianluigi through the site are governed by these terms and conditions in accordance with Italian law. The language available to conclude the contract is Italian.

The Customer is required, prior to placing the order, to read carefully the terms and conditions that have been made available to him on the Site to enable him to reproduce and store them.

Art.1 – Premises
The premises form an integral part of these TERMS AND CONDITIONS OF SALE OF THE ON LINE SALES SERVICE.

Art. 2 – Definitions
By the expression “online sales contract”, we mean the purchase and sale contract related to the tangible movable goods of Az. Agricola Cava Gianluigi, entered into between it and the Buyer within the framework of a distance selling system through telematic tools.
The expression “Buyer” means the natural or legal person who makes the purchase, referred to in this contract.

Art. 3 – Subject of the contract
Az. Agricola Cava Gianluigi sells and the Buyer purchases with a distance sales contract, through the Internet, the food products selected and ordered by the Buyer from those included in the electronic catalog on the website www.anticofrantoiolopes.it and currently available.

Art. 4 – Methods of contract formation
The contract between Az. Agricola Cava Gianluigi and the Buyer is concluded exclusively through the Internet through the Buyer’s access to the address www.anticofrantoiolopes.it,  where, following the procedures indicated, the Buyer will arrive to formalize the proposal for the purchase of the goods referred to in point 1 of the previous article.
The contract is concluded, and is binding on both parties, after the exact completion of the application form and the consent to purchase and the subsequent confirmation, of the registration of the purchase order made by the Buyer by means of a message summarizing the order, sent to the e-mail address provided by the Buyer and/or by web screen.
The contract shall not be deemed to be perfected and effective between the parties in the absence of the above.
In the event of any unforeseeable stock-outs due to unforeseeable factors or other causes, Az. Agricola Cava Gianluigi , undertakes to promptly notify the Buyer by e-mail of the unavailability of the product and to refund or otherwise not charge the Buyer the corresponding price, or to inform the Buyer what the waiting time is to obtain the chosen good, asking whether or not it intends to confirm the order.
Az. Agricola Cava Gianluigi reserves the right not to accept incomplete and/or not properly completed purchase orders by giving notice by email to the email address provided by the Buyer himself and / or by web screen.

Art.5 – Obligations of the Buyer
The Buyer agrees to read and accept these terms and conditions.
The Purchaser undertakes, once the online purchase procedure is concluded, to print and/or keep these terms and conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase. This is in order to fully satisfy the condition set forth in Articles 52 and 53 of Legislative Decree 206/05 and subsequent amendments and additions.
The Buyer is strictly forbidden to enter false and/or invented data in the registration procedure necessary to activate towards him/her the process for the execution of this sales agreement and related further communications. The master data and e-mail other yes must correspond exclusively to his own personal data and not to those of third persons.
Buyer declares that he/she is of legal age.

Art.6 – Delivery times and methods
Az. Agricola Cava Gianluigi assumes the burden of delivering to the Buyer, at the place indicated by the latter and by courier, the products selected and ordered by the same. Deliveries are possible in the Italian territory, and international.
Domestic deliveries take place, approximately within the term of 3 working days, starting from the date of transmission of the confirmation of the purchase order by Az. Agricola Cava Gianluigi. Deliveries are not made on Saturdays and holidays.

Art.7 – Transport damage
In the event that the Buyer finds any external damage to the packaging or the mismatch in the number of packages, the Buyer shall immediately place a written control reservation on the Courier’s proof of delivery or refuse acceptance of the damaged package by writing the reason in pen on the waybill that the Courier requires the Buyer to sign upon receipt of delivery. The Buyer who has accepted the package subject to control and has subsequently found damage to the product must within 8 days of delivery, report the damage by sending a registered letter with return receipt to Az. Agricola Cava Gianluigi with registered office in Contrada Mezzana – 87069 San Demetrio Corone (CS). The Buyer must specify not only the reason for the complaint but also the order number of the purchase and the tax documentation.
In the event that the Buyer finds damage to the product due to transport not visible from the outside or the mismatch of the number of products received must report the damage, in the first case within 8 days of discovery and in the second within 8 days of delivery, by sending a registered letter with return receipt to Az. Agricola Cava Gianluigi with registered office in Contrada Mezzana – 87069 San Demetrio Corone (CS). The Buyer must specify not only the reason for the complaint but also the order number of the purchase and the tax documentation.
If the Buyer does not act in the manner and within the terms indicated in the previous points 1 and 2 of this article will lose the rights to replacement or refund.
Following the complaint made by the Buyer, Az. Agricola Cava Gianluigi will replace the damaged product. In the event that, for any reason, Az. Agricola Cava Gianluigi is unable to replace the product, it may proceed to refund the full amount paid or replace it with a product of equal or greater value in agreement with the Buyer.

Art. 8 – Notice of defects and legal warranty
Az. Agricola Cava Gianluigi has the obligation to deliver to the buyer goods in accordance with the contract of sale and is responsible to the buyer for any lack of conformity existing at the time of delivery of the goods.
The products are covered by the legal warranty of two years for conformity defects under Articles 128,129, 130, 131, 132, 134, 135 of Legislative Decree 206/2005 as amended and supplemented.
The warranty is reserved for the consumer as defined by Legislative Decree 206/2005 as amended and supplemented.
The buyer forfeits the warranty if he does not report the lack of conformity to the seller within the period of 2 months from the date he discovered the defect.
The legal warranty covers only the replacement of goods that do not conform to the contract of sale, as the subject of the contract are food products. The warranty does not operate in cases where the reported defects result from the consumer’s incorrect storage, handling or use or transportation of the product, or in case of non-compliance with the instructions provided by the food manufacturer on the product label. Likewise, the warranty does not operate whenever the defect is attributable to the culpable or willful conduct of the consumer or depends on other causes not related to the production and transportation of the product to the consumer’s home.
In the event that the Purchaser finds conformity defects must report the damage, within 2 months from the date of discovery of the defect, by sending a registered letter with return receipt to Az. Agricola Cava Gianluigi with registered office in Contrada Mezzana – 87069 San Demetrio Corone (CS). The Buyer must specify not only the reason for the complaint but also the order number of the purchase and the tax documentation.
In the event of a lack of conformity, duly reported within the prescribed period, the purchaser shall be entitled to replacement of the product within a reasonable period unless the remedy itself is objectively impossible or excessively burdensome, or secondarily shall be entitled to a price reduction or termination of the contract. A minor lack of conformity for which it was not possible or excessively onerous to exhaust the remedies of repair or replacement shall not entitle the purchaser to termination of the contract.
Az. Agricola Cava Gianluigi reserves the right to verify the existence of the conformity defect.
Az. Agricola Cava Gianluigi reserves the right to inform the buyer whether it will provide for the collection of the defective product at the buyer’s home.
The operational time required to perform the activities involved in warranty activation is variable and is determined by the type of product and the nature of the defect.
Az. Agricola Cava Gianluigi can never, under any circumstances, be burdened with charges arising from any delays in the delivery of the replaced product or the return of the price. In any case, except in exceptional cases, the replacement will be made within 60 days of delivery of the defective product to Az. Agricola Cava Gianluigi. Otherwise, the Buyer may exercise one of the alternative remedies provided by law (termination of the contract or reduction of the price paid taking into account the possible use of the good).

Art.9 – Right of withdrawal
Pursuant to the law, the Buyer may exercise the right to withdraw from the contract without specifying the reason and without the payment of penalties within the period of 14 days from the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the last good where the information requirements set forth in Article 52 of Legislative Decree 206/2005, as amended, have been met.
In the event that the seller has not fulfilled the information obligations referred to in Articles 52, paragraph 2, lett. f) and g) and 53 of Legislative Decree 206/2005, as amended and supplemented, the deadline for exercising the right of withdrawal ends 12 months after the end of the initial withdrawal period. The latter term also applies in the event that Az. Agricola Cava Gianluigi provides incomplete or incorrect information that does not allow the proper exercise of the right of withdrawal.
The right of withdrawal must be exercised by the Purchaser by sending a written notice by registered letter with acknowledgment of receipt, or by any other statement, provided that it is explicit, to be sent to Az. Agricola Cava Gianluigi with registered office in Contrada Mezzana – 87069 San Demetrio Corone (CS), or by email to info@anticofrantoiolopes.it .In case you choose the latter mode, a confirmation of receipt of said withdrawal will be immediately sent by email
The communication must contain name, address, purchase order number, the will to withdraw from the purchase and the product or products for which you intend to exercise the right of withdrawal; the Buyer must also attach a copy of an identity document, a copy of the purchase tax documentation, indicate both a telephone number on which he can be contacted, and the bank details of the bank account on which he would like to receive a refund of the amount paid.
To comply with the withdrawal period, it is sufficient to send the notice regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.
Once the notice of withdrawal has been received, Az. Agricola Cava Gianluigi will inform the Buyer of the address to which to ship the products to be returned and the authorization to return the products.
The Buyer must ship the product carefully packed in its original packaging, complete with everything originally contained, to the address communicated. Shipment by the Buyer must be by Courier or delivery to the Seller or a third party authorized by the Seller within 14 days of the notice of withdrawal from the contract to Az. Agricola Cava Gianluigi. Upon receipt of the products or until the Buyer has demonstrated that it has returned the goods, whichever occurs first, Az. Agricola Cava Gianluigi will refund the Buyer the amount paid. For the purposes of the expiration of the term, the goods shall be deemed to have been returned at the time they are delivered to the accepting post office or forwarding agent.
In case of exercise of the right of withdrawal in the fourteen days pursuant to art. 64 paragraph 1 Legislative Decree 206/2005 and subsequent amendments and additions, the costs incurred by the Buyer for the return of products to Az. Agricola Cava Gianluigi are borne by the Buyer. In case of exercise of the right of withdrawal in the 14 days pursuant to art. 64 paragraph 1 Legislative Decree 206/2005 and subsequent amendments and additions, the integrity of the goods to be returned is an essential condition.
In case of exercise of the right of withdrawal in the 14 days in accordance with art. 64 paragraph 1 Legislative Decree 206/2005 and subsequent amendments and additions, Az. Agricola Cava Gianluigi will refund the sums paid by the Buyer within 14 days from the day on which it is informed of the decision of the Buyer to withdraw from the contract using the same form of payment used by the Buyer for the initial transaction, unless otherwise expressly agreed with the Buyer.
Refunds may be suspended until receipt of the goods or until Buyer demonstrates that it has returned the goods, whichever is earlier.

Art. 10 – Prices
All sales prices of products displayed and indicated within www.anticofrantoiolopes.it constitute an offer to the public in accordance with Article 1336 of the Civil Code.
The Buyer shall pay Az. Agricola Cava Gianluigi for the products purchased the price indicated in the online catalog at the time the Buyer placed the order. Said price will be expressed in Euros and will include VAT.
The shipping costs of the products, where foreseen to be borne by the Buyer, will be applied according to the prices indicated in the appropriate section published within the website www.anticofrantoiolopes.it of which the Buyer has read before placing the order.
Product prices may be updated and therefore are subject to change daily.
There are no minimum amounts to place an order.

Art.11 – Contribution to shipping costs
The Buyer will pay to Az. Agricola Cava Gianluigi, as a contribution to shipping costs, the amount calculated according to the weight/volume rate according to the prices indicated in the appropriate section published within the site www.anticofrantoiolopes.it of which the Buyer has read before placing the order.

Art.12 – Promotions and gifts
Any proposed promotions and the offer of any free products are valid while stocks of the products last and within the purchase limits indicated on the website and www.anticofrantoiolopes.it . Promotional products may be delivered in promotional packaging other than that published on www.anticofrantoiolopes.it.
Any discount codes received cannot be combined, do not apply to other promotions already running and to the calculation of the minimum threshold of 50 € to get free shipping.
No exchange or return is possible in connection with any products received as gifts by the Buyer.

Art.13 – Responsibility
Az. Agricola Cava Gianluigi assumes no responsibility for inefficiencies attributable to force majeure of any nature or kind, should it fail to execute the contract in the agreed time.
Force majeure includes, but is not limited to, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events, as well as Public Authority measures, strikes by its own employees or by the carriers Alce Nero S.p.A. uses, as well as any other circumstance beyond its control.
Without prejudice to the provisions of art. 8 of the EU Directive 97/7 and art. 56 D. Lgs. 206/2005 and subsequent amendments and additions, Alce Nero S.p.A. assumes no liability for any fraudulent use possibly made by third parties of the credit card information provided by the Buyer.
Az. Agricola Cava Gianluigi shall not be held liable, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of its own control or that of its subcontractors.
Az. Agricola Cava Gianluigi shall also not be liable for any damages, losses and costs suffered by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, the Buyer being entitled only to a full refund of the price paid and any ancillary charges incurred.

Art.14 – Payment methods and invoicing
The Buyer will pay for the products ordered in the following ways: credit card (including prepaid) and/or Paypal and/or bank transfer.
The credit cards accepted by Az. Agricola Cava Gianluigi are: Visa, VPay, Visa Electron, Mastercard, Maestro.
Once the payment method is chosen, the buyer will be directed to the relevant site to make the transaction and finalize the payment. In case of payment by bank transfer, the order will be put into preparation only after receipt of the payment itself.
Payment will include the cost of the shipping contribution, where applicable, to be paid by the Buyer, according to the terms of the offer published within www.anticofrantoiolopes.it.
Az. Agricola Cava Gianluigi will send the invoice via certified electronic mail (PEC) address indicated in the order, only to Buyers registered with VAT number and who have requested it by “checking” the appropriate box on the check out page. For all others, the order confirmation email is valid as a receipt of the same.
For the issuance of the fiscal document, the information provided by the Buyer at the time of the order will be used. No changes will be possible after the fiscal document has been issued. To this end, the Buyer undertakes to carefully verify the data entered at the time of the order, since these will be used for accounting entries.

Art.15 – Termination of Contract and Express Termination Clause
The obligations assumed by the Purchaser in art. 2 above (Obligations of the Purchaser), as well as the guarantee of the successful completion of the payment to be made by the Purchaser, have an essential character, so that, by express agreement, the failure of the Purchaser to comply with only one of these obligations will result in the legal termination of the contract pursuant to art.1456 c.c., without the need for judicial decision, without prejudice to the right for Az. Agricola Cava Gianluigi to take legal action for compensation for further damage.

Art.16 – Security
Online credit card and Paypal transactions are carried out on the respective sites, via secure servers that adopt the SSL (Secure Socket Layer) protection system. This protocol allows communication in a manner designed to prevent interception, modification or falsification of information.
Az. Agricola Cava Gianluigi never learns the customer’s Credit Card or Paypal account information.

Art.17 – Changes
Az. Agricola Cava Gianluigi reserves the right to change these terms and conditions at any time by posting on the website and www.anticofrantoiolopes.it the version updated from time to time.
Any new clauses will be effective for purchases made after the date of the change.

Art.18 – Applicable law
This contract is governed by Italian Law. These terms and conditions refer, for matters not expressly provided for herein, to Legislative Decree 206/05 as amended and supplemented.

Art.19 – Jurisdiction
Any dispute relating to the application, performance, interpretation of this contract entered into online through www.anticofrantoiolopes.it is subject to Italian jurisdiction.
For disputes arising between the Parties in connection with this contract, the court of the place of residence or domicile of the Buyer if located in the territory of the Italian State shall have jurisdiction.
If the Buyer’s residence or domicile is not located in the territory of the Italian State, the Court of the place where delivery of the goods took place shall have jurisdiction.

Art. 20 – Protection of confidentiality and processing of Buyer’s data
Az. Agricola Cava Gianluigi, autonomous owner of the data processing of the Buyer, protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation referred to in Legislative Decree 196/2003 and EU Regulation 679/2016.
The personal personal and fiscal data acquired directly and/or through third parties by Az. Agricola Cava Gianluigi, the autonomous data controller, are collected and processed in paper, computer, telematic form, in relation to the processing methods with the purpose of registering the order and activating in its regard the procedures for the execution of this contract and the necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow an effective management of business relationships to the extent necessary to best perform the requested service (Art. 24, paragraph 1, letter b, Legislative Decree 196/2003 and Art. 6 of EU Regulation 679/2016).
Az. Agricola Cava Gianluigi undertakes to treat the data and information transmitted by the Buyer with confidentiality and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be produced only at the request of the Judicial Authority or other authorities authorized by law.
Personal data will be disclosed, subject to the signing of an undertaking of confidentiality of such data, only to persons delegated to carry out the activities necessary for the execution of the contract entered into and communicated exclusively within the scope of this purpose.
With regard to your personal data, we inform you that you may exercise the rights provided for in Article 15 et seq. of the EU Regulation 679/2016, as well as in Article 7 of the Privacy Code, below:

5.1 Access to the following information:
– purpose of processing,
– categories of personal data in question,
– recipients or categories of recipients to whom such personal data have been or will be disclosed, particularly if recipients in third countries or international organizations,
– existence of the data subject’s right to request from the data controller the rectification or erasure of personal data or restriction of processing of personal data concerning him or her or to object to their processing;

5.2 Correction, meaning:
correction of inaccurate personal data concerning the individual without undue delay,
integration of incomplete personal data, including by providing an additional statement.;

5.3 Deletion of personal data concerning the individual without undue delay, if:
– the data are no longer necessary in relation to the purposes for which they were collected or otherwise processed,
– a revocation of consent is formulated and there is no other legal basis for processing,
– you object to the processing and there is no overriding legitimate reason for processing,
– personal data have been processed unlawfully,
– personal data must be deleted to fulfill a legal obligation,
– personal data were collected in relation to the provision of information society services;

5.4 Restriction of processing:
– where he/she disputes the accuracy of personal data, for the period necessary for the data controller to verify the accuracy of such personal data
– when the processing is unlawful and the data subject objects to the deletion of the personal data and instead requests that its use be restricted,
– when the personal data are necessary for the establishment, exercise or defense of a legal claim by the data subject, although the controller no longer needs them for the purposes of the processing,
– if you object to the processing under the right to object;

5.5. To receive notification in case of rectification or deletion of personal data or restriction of processing;

5.6. Data portability:i.e., the right to receive in a structured, commonly used and machine-readable format personal data concerning him or her and the right to transmit such data to another data controller, if:the processing is based on the data subject’s express consent for one or more specific purposes or takes place by reason of a contract entered into with the data subject and
the processing is carried out by automated means;
5.7 Objection at any time, for reasons related to their particular situation, to the processing of personal data concerning them.

You have the right to lodge a complaint with a supervisory authority if you believe that the rights outlined here have not been upheld.

To exercise the above rights, you may contact the Data Controllers by sending a registered letter with return receipt to Az. Agricola Cava Gianluigi Contrada Mezzana – 87069 San Demetrio Corone (CS) or an email to info@anticofrantoiolopes.it. The communication of their personal data by the Buyer is a necessary condition for the proper and timely execution of this contract. Failing this, the Buyer’s application cannot be processed.

In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place in a secure manner.
Further information on the privacy & cookie policy adopted on www.anticofrantoiolopes.it can be found in the appropriate sections at this link.

Art. 21 – Methods of contract storage

1. Pursuant to Article 12 of Legislative Decree 70/2003, Az. Agricola Cava Gianluigi informs the Buyer that every submitted order is stored digitally at the headquarters of Az. Agricola Cava Gianluigi in accordance with confidentiality and security criteria.