Terms and Conditions
ART. 1 – CONTRACT OBJECT DEFINITION
The General Sales Conditions – hereinafter referred to as GENERAL CONDITIONS – therein contained govern the sale of Frantoio Rinalducci’s products on their website: www.frantoiorinalducci.com. These General conditions shall constitute an integral part of the contract between Frantoio Rinalducci s.a.s.(the owner of the website) and the INTERNET CUSTOMER – hereinafter referred to as the CUSTOMER.
The relevant legislation is the Legislative Decree no. 206 of 6th September (Consumer Code, pursuant to Art. 7 of law no. 229 of 29th July) – which governs negotiation and/or contractual matters with single or collective consumers -; and Directive 2000/31/EC of the European Parliament and of the Council of 8th June 2000 (“Directive on electronic commerce”) implemented in Italy with Legislative Decree no. 70 of 9th April 2003. The law states that an electronic contract is to be considered signed when:
• the provider has confirmed receipt of the electronic order, without unjustified delay;
• order and confirmation are to be considered received when all interested parties can access them.
Any amendment to these General Sales Conditions shall be deemed valid once posted on the website and shall apply solely to orders placed after date of publication.
ART. 2 – ORDERS
All purchase orders are subject to acceptance by Frantoio Rinalducci s.a.s. Via Putuense, 40 – fraz. Pozzo – 06035 Gualdo Cattaneo (PG) Italia. All orders submitted through the website www.frantoiorinalducci.it must be complete and contain all information required to exactly identify the product(s) being purchased and delivery address(es). All orders submitted ONLINE are to be intended as a contractual proposal, whereas the confirmation – sent by e-mail by Frantoio Rinalducci s.a.s to the CUSTOMER – validates the contract, making it binding. Frantoio Rinalducci s.a.s. retains the right to refuse or cancel any order at its sole discretion, in case of material errors related to the order itself or the information supplied. Orders are subject to product availability. In case an order exceeds the quantities available, Frantoio Rinalducci s.a.s. shall promptly inform the customer who may decide to accept a smaller supply, cancel the order, or integrate it with other products. The customer is to immediately notify Frantoio Rinalducci of any eventual error or omission relating to payment terms, quantities, and prices in the order acceptance document.
ART. 3 – PRICES, DELIVERY COSTS, AND PAYMENTS
Sales prices are in EUROS and include V.A.T. Frantoio Rinalducci s.a.s. reserves the right to amend the prices published on the website www.frantoiorinalducci.com at any moment. New prices delete and replace the previous ones. Delivery costs in Italy – islands included – will be automatically calculated once the order is finalised, in consideration of product quantities and destination. For orders above € 90,00 shipping is free of charge.
For abroad deliveries in excess of 20 kgs, please contact us at email@example.com, in order to receive a customised quotation. Delivery time: to an Italian destination, 5/10 (five/ten) working days from payment receipt; to a European destination, 15 (fifteen) working days from payment receipt.
ART. 4 – DELIVERIES
Frantoio Rinalducci s.a.s. will ship the orders to the delivery address provided by the customer via express courier (herein after referred to as the “Courier”) from Mondays to Fridays, week-ends and bank holidays excluded. Frantoio Rinalducci s.a.s. shall not be held liable for any delay due to force majeure or any other reason not attributable to it. In any other case, products will be delivered within 10 (ten) or 15 (fifteen) working days – to an Italian or abroad destination, respectively – from the day after order confirmation via email. Terms and conditions for large volume orders may vary. The courier will try to deliver twice. In case of absence a notice will be left. A final attempt will be made by contacting the customer by phone to arrange delivery, after which the goods will be returned to the warehouse. Frantoio Rinalducci s.a.s. shall not be held liable for delayed or failed deliveries due to cause of force majeure or unforeseeable circumstances.
ART. 5 – INVOICING – PAYMENT TERMS
The customer undertakes to effect a Bank Transfer or pay by Pay Pal or Credit Card – Stripe Circuit – prior to shipment. An invoice may be requested upon order, in which case the Tax Fiscal Number and V.A.T. Number are required.
ART. 6 – LIMIT OF LIABILITY
Frantoio Rinalducci s.a.s. shall not be liable for partial or total unfulfillment of this contract due to force majeure. Force majeure events include but are not limited to accidents, explosions, fire, strikes/lockouts, earthquakes, floods, etc… Furthermore, Frantoio Rinalducci s.a.s. shall not be held liable for any illegal or illicit use of credit cards or other form of payment by third parties when purchasing products on the website www.frantoiorinalducci.com. Without prejudice to the case of willful or gross misconduct, where Frantoio Rinalducci s.a.s. is to be ascertained responsible for failure to fulfil its contractual obligations – wholly or in part -, the customer shall be entitled to a reimbursement not exceeding the amount he/she paid for the goods. Any claim for delivery delays imputable to Frantoio Rinalducci s.a.s. shall not exceed the shipment costs sustained by the customer.
ART. 7 – COMMUNICATIONS
The customers expressly agrees that Frantoio Rinalducci s.a.s. can use communication tools such as electronic mail or automated systems, without the intervention of an operator or a fax machine.
ART. 8 – OWNERSHIP OF GOODS
Frantoio Rinalducci s.a.s. is the rightful owner of the articles on sale on its website until the customer has fully paid for the products and their delivery, whichever comes first. Upon delivery the customer shall be solely responsible for any damage to said goods.
ART. 9 – RIGHT OF WITHDRAWAL – (Legislative Decree no. 206 of September 2005)
The customer (CONSUMER) can exercise the right of withdrawal if:
he/she cancels the order before receiving order confirmation or – at least – prior to shipment via e-mail. In case he/she is not satisfied with the goods received, he/she is to inform Frantoio Rinalducci s.a.s. by means of registered letter and return the received good in full to the following address:
Frantoio Rinalducci s.a.s. Via Putuense, 40 – fraz. Pozzo – 06035 Gualdo Cattaneo (PG) Italia
within 10 (ten) working days from receipt of goods, without prejudice to shipping costs. Packaging must be intact, sealed as received, and in good conditions. Failure to comply will result in the customer forfeiting his/her right of withdrawal. This communication can be anticipated by e-mail to: firstname.lastname@example.org within the said 10 (ten) working days. However, for any electronic communication to be deemed valid, a registered letter must be sent within the 48 (forty-eight) hours following the e-mail or fax. The electronic note and registered letter must contain all relevant data to identify the order to be cancelled or retuned. In the latter case, a copy of the Transport Document and/or Invoice must be included. Pursuant to Art. 5, comma 3 of Legislative Decree no. 185/1999, the right of withdrawal does not apply if: Frantoio Rinalducci s.a.s packaged or customised the goods according to customer’s specifications; the goods have been damaged or are not properly packaged for shipping; the original packing has been damaged or destroyed; the courier could not deliver the goods because the customer was unavailable. If the customer is eligible to exercise his/her right of withdrawal, Frantoio Rinalducci s.a.s will refund the value of the purchased goods no later than 15 (fifteen) days after receipt of notification and of the unwanted items, according to the above specifications. The only expense the customer has to sustain, will be the shipping costs to return the unwanted goods to Frantoio Rinalducci s.a.s.
ART. 10 – WARRANTY AND ASSISTANCE
Frantoio Rinalducci s.a.s. produces and markets high quality products which are guaranteed up to their “best before” date. In case of imperfections or anomalies not directly imputable to Frantoio Rinalducci s.a.s., the customer should contact one of our sales managers at: email@example.com; Customer Service at +39 (0)742 91821. The customer shall not be entitled to any claim for damages – contractual or extra-contractual, direct or indirect – to people or objects caused by the products (in virtue of their nature) purchased at www.frantoiorinalducci.it.
ART. 11 – BUYER’S OBLIGATIONS
The customer undertakes – once the purchase procedure finalised – to print and preserve a copy of these general terms and conditions – the viewing and acceptance of which is a mandatory aspect of the online sales procedures, pursuant to articles 3 and 4 of Legislative Decree no.185/99. The customer is strictly forbidden from entering false and/or invented data, and/or third partied data for the execution of this contract. Minors may not enter into this contract. Frantoio Rinalducci s.a.s. reserves the right to sue any violation and abuse, according to the best interests of consumers and any other party.
ART. 12 – SPECIAL OFFERS
Offers are valid until stocks last and purchasable quantities are limited as specified. Special offers are not cumulative. Special offers may come in different packages from the ones shown on the website. Any eventual offer of free products will be valid until stocks last and no replacement or return is possible in this latter case.
ART. 13 – PROVISION AND PROCESSING OF PERSONAL DATA
Personal data are gathered for the purpose of registering the customers as required by the execution of this contract and relevant communications. Data shall be communicated solely to those subjects entrusted with the execution of this contract and solely disseminated to this aim. Data are treated in strict compliance with the law and shall not be transferred to any other third parties unless so required by law and by the competent authorities. The customer’s interests are protected under Legislative Decree no. 198/2003 as integrated by Legislative Decree no. 101 of 10th August 2018, relating to privacy rights.
ART. 14 – CONTROVERSIES
Any controversy arising from or in connection with this contract – with the exception of those cases to be referred to the authorities by law – shall be submitted to the final judgment of an Arbitration Board composed of three Arbitrators who will decide without procedural formalities, but in compliance with the contradictory principle and according to the Italian Law. The place of jurisdiction is the Tribunal of Spoleto.
ART. 15 – CONFIRMATION OF THE TERMS OF SALES ACQUISITION
The IT system has been designed in such a way that no order can be processed unless the customer declares he has read and understood these SALES TERMS AND CONDITIONS, by ticking on the appropriate box. Please note: these General Conditions may be updated from time to time, therefore – in order to avoid any mishappening – customers are kindly requested to print them at the moment of the order as future reference.
ART. 16 – APPLICABLE LAW
The contracts customers enter into on the website www.frantoiorinalducci.com are governed by the Italian Law. Anything not expressly provided for in this contract shall be referred to the pertinent law.
The customer expressly accepts Art. 3 Prices, Delivery Costs and Payment; Art. 4 Deliveries; Art. 6 Limit of Liability; Art. 7 Communications Art. 9 Right of withdrawal Art.10 Warranty and Assistance Art.11 Buyer’s Obligations Art.14 Controversies Art.15 Confirmation of the Terms of Sales Acquisition Art.16 Applicable Law.
DELIVERY AND PAYMENT TERMS
The prices shown on our website include V.A.T., containers, and packing. Delivery costs for Italy – islands included – are calculated automatically on the basis of quantities and delivery place. Delivery costs for an abroad destination will be quoted accordingly. Payment can be effected by:
• Bank Transfer prior to shipping;
• Credit Card.
We inform our customers that, not receiving any payment after 3 (three) days, orders will be cancelled.
Data for Bank Transfer are as follows:
Beneficiary: FRANTOIO RINALDUCCI S.A.S. IBAN: IT07 J030 6903 1071 0000 0003 676 BIC/SWIFT: BCITITMM BANCA: INTESA SANPAOLO FILIALE DI PERUGIA
Reason: please indicate order date and number as given in the confirmation mail.
Once the order confirmed, the customer will be re-addressed to the Paypal website.
IN CASE YOU NEED AN INVOICE, PLEASE STATE SO UPON ORDER, INDICATING TAX AND V.A.T. NUMBER.
Frantoio Rinalducci s.a.s. delivers door to door by courier at the given delivery address. Goods travel at Frantoio Rinalducci’s risk and responsibility. The customer is to report any anomaly upon delivery, marking it on the Transport Document. No complaint may be accepted failing to do so. In Italy, delivery time varies from 5 (five) to 10 (ten) days, according to destination.
In case the products ordered are currently unavailable, we will promptly inform the customer. In case of partial availability, we will amend the order accordingly and agree on delivery methods.
Pursuant to Legislative Decree no. 206 of 06/09/05, the customer has the right to withdraw from this contract and return the goods within 10 (ten) days from receiving them, by registered letter addressed to Frantoio Rinalducci s.a.s. Via Putuense, 40 – fraz. Pozzo – 06035 Gualdo Cattaneo (PG) Italia. The customer can anticipate his/her desire to withdraw by e-mail at firstname.lastname@example.org. The company will reimburse the customer within 10 (ten) days from date of receipt of said goods, delivery costs excluded.
For any complaint, recommendation or information request, please contact our online customer assistance service, write an email at email@example.com or call at +39 (0)742 91821 to be followed by registered letter within the following 48 hours. In case of a complaint, please quote the order number provided at order closure and on the confirmation email.
PROTECTION OF MINORS
Children under the age of 18 may not place any order online without the explicit consent of one of their adult family members.