Terms and conditions
1. GENERAL PROVISIONS
1.1 These general conditions of sale (hereinafter, the “General Conditions”) apply to all sales of products (hereinafter, the “Products” or the “Product”) purchased through the website oleificiocericola.com (hereinafter, the “Website”).
1.2 The use of the distance-selling service described in these General Conditions is reserved exclusively for consumers (hereinafter, the “Customers” or the “Customer”), meaning natural persons acting for purposes unrelated to any trade, business or professional activity they may carry out.
1.3 The language available for concluding the contract is Italian.
1.4 The Customer is required to read these General Conditions carefully; they are made available on the Website in a manner suitable for allowing the Customer to store and reproduce them.
1.5 Contracts concluded with Oleificio Cericola Emilia società agricola Srl (as identified below) through the Website are governed by Italian law and, in particular, by Legislative Decree No. 206 of 6 September 2005 (hereinafter also the “Consumer Code”), Legislative Decree No. 70 of 9 April 2003 (hereinafter also the “E-commerce Decree”) and, where applicable, Royal Decree No. 262 of 16.03.1942 (hereinafter also the “Civil Code”).
1.6 Oleificio Cericola Emilia società agricola Srl reserves the right to amend the General Conditions of Sale by publishing notice on this page of the Website. The applicable General Conditions of Sale are those in force at the time an order is placed. Any amendment shall become effective upon publication on the Website..
2. IDENTIFICATION OF THE SELLER
2.1 The seller is:
Oleificio Cericola Emilia società agricola Srl (hereinafter “Oleificio Cericola”)
Registered office: via Melfignana pod. 234, Borgo Incoronata 71122 Foggia (FG) ITA
2.2 For contact details, please refer to the relevant section of the Website.
3. INFORMATION RELATING TO THE PRODUCTS
3.1 Information relating to the Products available for distance sale through the Website, together with the relevant product codes, is available on the Website oleificiocericola.com.
3.2 Product images may not be perfectly representative of their characteristics and may differ in colour, size and any accessories shown. All supporting information provided for purchasing purposes is to be understood as generic informational material and not as referring to the actual characteristics of any individual product.
4. PRICE
4.1 Product prices include all taxes and duties, with the exception of customs duties and other charges that may be applied by the customs authorities of the destination country.
4.2 All prices are expressed in euro.
4.3 Shipping costs are borne by the Customer, except where otherwise provided by promotions available on the shipping costs page.
5. PRODUCT ORDERS
5.1 The essential characteristics and prices of the Products are indicated in the offer relating to each Product.
5.2 Orders placed by persons who have not reached the age of majority will not be accepted.
5.3 In order to purchase the Products, the Customer must complete and submit the electronic order form online to Oleificio Cericola. Registration with username and password is optional. If the Customer does not wish to register, they may still complete a purchase: only the information necessary for delivery and any invoicing of the order will be required.
5.4 The Customer must place the Product in the relevant “cart”, enter their personal details and shipping information and, after reading the General Conditions, with particular reference to delivery costs, the procedures for exercising the right of withdrawal and the Privacy Policy, and after confirming that they have read them, must select the desired payment method and choose the option “Confirm order”.
5.5 Before submitting the purchase order, the Customer will have the opportunity to correct any data-entry errors by following the appropriate amendment procedure available on the Website. In particular, the Customer may change the quantity and type of Products they intend to purchase, adding or removing one or more Products from the “cart”.
5.6 By submitting the order, the Customer acknowledges and declares that they have read all the information provided during the purchase procedure and fully accept the General Conditions.
5.7 Oleificio Cericola reserves the right to assess whether to accept the orders received. Oleificio Cericola will inform the Customer of any inability to accept the orders received within 30 days starting from the day following the day on which the Customer transmitted the order to Di Martino and will refund any sums already paid by the Customer for the supply.
5.8 No contract shall be deemed concluded between Oleificio Cericola and the Customer if Oleificio Cericola has reasonable grounds to believe that the Customer is not acting on the basis of a genuine interest in purchasing the ordered products. In such cases, the order submitted by the Customer shall be deemed null and void. Oleificio Cericola will notify the Customer by e-mail that the Contract has not been concluded and will also arrange for the cancellation of any charges and/or expenses borne by the Customer.
6. METHODS OF PAYMENT
6.1 The Customer may pay the price of the Products and the related delivery costs by credit card.
6.2 Payments made by credit card are accepted.
6.3 The transaction will be charged to the Customer’s account only after: a) the data have been verified (on a secure server directly by the Bank; Oleificio Cericola will have no direct access whatsoever to the Customer’s data), b) authorisation for the charge has been received from the issuer of the credit card used by the Customer, and c) Oleificio Cericola has confirmed the availability of the Product.
6.4 If, for any reason whatsoever, the charging of the amounts due by the Customer proves impossible, the sales process and the sale shall be automatically cancelled.
7. ORDER RECEIPT CONFIRMATION
7.1 Once an order has been received, Oleificio Cericola will automatically send a confirmation of receipt by e-mail, summarising the details of the order, the essential characteristics of the ordered product, its price, the amount paid, the existence of the right of withdrawal — together with an indication of the time limits and procedures for returning the goods — the geographical address for lodging any complaints, and information relating to customer support services and any existing commercial guarantees.
7.2 After receiving an order, Oleificio Cericola will verify the availability of the ordered product and the existence of the other conditions for the sale and, only following such verification, will confirm acceptance of the order and dispatch of the product.
7.3 If Oleificio Cericola is unable to fulfil an order received, it will promptly inform the Customer.
7.4 Any right of the Customer to compensation for damages or indemnity is excluded, as is any contractual or non-contractual liability for direct or indirect damage to persons and/or property caused by the non-acceptance of an order.
8. TRANSPORT AND DELIVERY
8.1 The Products purchased on the Website will be delivered to the address indicated by the Customer. In any event, the Customer may request delivery of the products to a natural person of their choice. Deliveries will not be made to PO boxes.
8.2 For every order placed on the Website, Oleificio Cericola issues an invoice for the goods shipped, sending it together with the parcel or by e-mail. For the purposes of issuing the invoice, the information provided by the Customer at the time of the order shall prevail. No changes to the invoice may be made after it has been issued.
8.3 Delivery costs for the goods are borne by the Customer and are separately indicated on the Website and in the order form.
8.4 All purchases will be delivered by express courier with which Oleificio Cericola has entered into cooperation agreements (hereinafter, the “Courier”), from Monday to Friday, excluding public holidays and national holidays. Oleificio Cericola shall not be liable for unforeseeable delays. Oleificio Cericola will send the Customer a confirmation e-mail once the Products have been dispatched. In any event, except in cases of force majeure or unforeseen circumstances, and in accordance with the Consumer Code, the Products shall be delivered within 10 (ten) days and, in any case, no later than 30 (thirty) days from the day following that on which the Customer submitted the order to Oleificio Cericola.
8.5 Delivery times indicated for the goods are approximate.
8.6 For delivery of the goods, the presence of the Customer or their representative at the delivery address indicated in the order is required. Upon delivery of the goods by the Courier, the Customer is required to check that the number of packages delivered corresponds to that indicated in the delivery document and that the parcel is intact and unaltered. Any damage to the parcel and/or the Products, or any discrepancy in the number of packages, must be immediately reported by means of a written reservation on the Courier’s proof of delivery. Once the Courier’s delivery document has been signed, the Customer may not raise any objection concerning the external condition of the parcel delivered.
9. DUTIES AND RESTRICTIONS
9.1 Oleificio Cericola shall not be liable for any customs duties or import restrictions imposed by the customs authorities of the destination country.
10. RIGHT OF WITHDRAWAL
10.1 Pursuant to Legislative Decree No. 21 of 21 February 2014 implementing Directive 2011/83/EU on consumer rights, the Customer may return the purchased product and obtain a refund of the purchase price actually paid, without any penalty and without stating any reason.
10.2 The right of withdrawal consists of the right to return the purchased products to the seller and consequently obtain a refund of the purchase price of those products.
10.3 The right of withdrawal may be exercised within 14 days of receipt of the product in the following manner:
10.3.1 Before the expiry of the above period, the Customer shall send a registered letter with return receipt to Oleificio Cericola or submit another declaration explicitly stating their intention to withdraw. The communication may be sent, within the above period, by registered mail to via Melfignana pod. 234, Borgo Incoronata 71122 Foggia (FG) ITA or by e-mail to: info@oleificiocericola.com
10.3.2 Oleificio Cericola’s Customer Service, after verifying the conditions for exercising the right of withdrawal, will contact the consumer to indicate the address to which the intact products must be returned within fourteen days, excluding public holidays and weekends, from the date on which notice of withdrawal was given.
10.4 The costs of returning the purchased products shall be borne by the consumer.
10.5 If the value of the products has decreased due to handling other than that necessary to establish the nature, characteristics and functioning of the products (for example: damaged products, products not properly or fully packaged, or products with missing or damaged parts such as components, accessories, packaging materials, boxes, documentation and/or other items), Oleificio Cericola will refund the Customer the purchase amount less the value of such reduction.
10.6 If the Customer returns products after the above deadline, or returns opened and/or partially used products that are not suitable for return, the right of withdrawal shall not apply and Oleificio Cericola will return the purchased goods to the Customer, charging the related shipping costs to the Customer.
10.7 Subject to the limitations set out above, Oleificio Cericola will refund the amount actually paid by the Customer within 14 days of receipt of the notice of withdrawal, by bank transfer.
11. LACK OF CONFORMITY, WARRANTY AND REPLACEMENT
11.1 The statutory warranties provided for by Articles 129, 130 and 132 of the Consumer Code apply to the sale of Products other than food products. In order to benefit from the warranty, the Customer must retain the invoice or, where unavailable, the delivery note.
11.2 In the event of a lack of conformity of Products sold by Oleificio Cericola, the Customer must immediately contact Customer Service at info@oleificiocericola.com
11.3 The Customer is entitled, free of charge, to restoration of the conformity of the goods by replacement, or to an appropriate reduction in the price, or to termination of the contract.
11.4 The Customer shall lose these rights if they fail to report the lack of conformity to Oleificio Cericola within two months from the date on which the defect was discovered. In any case, any action intended to enforce defects not fraudulently concealed by Oleificio Cericola shall become time-barred twenty-six months after delivery of the goods.
11.5 If the purchased product has been damaged during transport, the Customer may request its replacement within the strict deadline of 10 days from receipt.
11.6 The Product to be replaced must be returned, in good condition, to the following address: Oleificio Cericola, via Melfignana pod. 234, Borgo Incoronata 71122 Foggia (FG) ITA
11.7 Fulfilment of the new order is subject to the availability of the requested Products.
12. ERRORS
12.1 The information relating to the Products provided on the Website is constantly updated. However, the absence of errors cannot be guaranteed.
12.2 Oleificio Cericola reserves the right to correct errors, inaccuracies or omissions even after an order has been submitted and also to change or update information at any time without prior notice.
13. APPLICABLE LAW AND JURISDICTION
13.1 These General Conditions are governed by Italian law and shall be interpreted in accordance with Italian law.
13.2 Any disputes arising from the interpretation, validity and/or performance of these General Conditions shall fall under the exclusive jurisdiction of the Court of Trani.
14. CONTATTI
14.1 For further information, Customer Service is available; contact details can be found directly on the Website in the “Contacts” section or by e-mail at: info@oleificiocericola.com
