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Term & Conditions
Preamble
The Products of this online store are offered by Frantoio Oleario Muraglia & Co. S.N.C. in accordance
with current regulations on e-commerce and distance contracts.
Company data:
Muraglia Savino & C. Società Agricola Semplice
Via San Candido, 83
76123 Andria (BT) Italia
Tel: +39 0883 1950959
P.I. 07612140728
E-mail: news@frantoiomuraglia.it
The Customer declares to have read all the above information and the General Terms and Conditions of Sale before placing his/her order.
General Terms and Conditions of Sale
These General Terms and Conditions of Sale (the “General Terms and Conditions”) govern methods and conditions of a sale of products marketed by FrantoioMuraglia (the “Products”).
All contracts for the sale of products by FrantoioMuraglia to third parties (the “Customers”) are governed by these General Terms and Conditions, which form an integral and essential part of any offer, order, or confirmation of an order for the purchase of products. The Terms and Conditions of Sale applicable to orders are those in effect on the date of the order.
1. Products: prices and specifications
Unless otherwise indicated, the prices of products published on the FrantoioMuraglia website are expressed in Euros and inclusive of VAT. The price guaranteed to the buyer is the one published on the website at the time of the order dispatch. The purchase price established is fixed and final. The prices of products published by FrantoioMuraglia on the website cancel and replace any previous prices and are subject to actual availability of the Products. Pictures of products are indicative and subject to change. The Customer is responsible for choosing the products ordered.
2. Orders – billing
Each order for products sent to FrantoioMuraglia constitutes the Customer’s contract proposal. Processing of the order by FrantoioMuraglia is equivalent to confirmation and acceptance thereof. Tax documents relating to the products ordered shall be issued by FrantoioMuraglia upon shipment of Products to the Customer. For the invoice to be issued by FrantoioMuraglia, the Customer shall a indicate the exact data necessary for billing and specify the shipping address of the invoice.
3. Completion of the order
Orders must be completed within the timeframes specified on the website. Deliveries of all Products indicated as “available” are usually made within 7 working days to Italy and 15 working days to European destinations. If FrantoioMuraglia is unable to complete the order (because the products ordered by the customer are not available), it shall inform the Customer in the shortest time possible of the estimated delivery date for the supply of the missing product.
If the Customer is not prepared to wait until the new delivery date not exceeding 30 working days, FrantoioMuraglia shall reimburse any amounts, if already paid, for the undelivered products.
In case of breakage, depletion of stock or unavailability of the Product ordered, FrantoioMuraglia shall inform the customer in the shortest time possible of the date when the product will be available. The Customer shall confirm via e-mail of his/her choice to wait for the Product to become available, or claim a refund.
4. Order acceptance
La conclusione del contratto avverrà soltanto al momento della conferma dell’ordine da parte di Frantoio Muraglia. The conclusion of the contract shall only take place upon confirmation of the order by FrantoioMuraglia. The Customer shall receive a receipt via e-mail stipulating the confirmation of the order with all the constituent parts of the contract (products ordered, prices, delivery dates and shipping costs). FrantoioMuraglia reserves the right to not confirm an order for any reason, in particular in the event of a problem relating to supply of the Products, or an issue relating to the order received.
5. Product Delivery Products
I Prodotti vengono consegnati all’indirizzo indicato dal Cliente. Shall be delivered to the address specified by the Customer. Shipments shall be made after confirmation of payment.
For shipping we rely on qualified courier services, such as Bartolini, SDA, UPS and DHL. Bank transfers shall be considered received once funds have been credited to our bank account, while payment made by credit card shall be considered received once the transaction has been confirmed by the card organisation.
Tariffe per l’Italia:tariffa unica € 7,00, spedizione gratuita per ordini oltre € 100,00
Tariffe per l’estero:tariffa unica € 15,00, spedizione gratuita per ordini oltre € 200,00
Tariffe per Svizzera: tariffa unica € 75,00
Tariffe per Australia, USA e Canada ed Extra-Europa: variabili in base al peso.
Delivery times
Deliveries are usually made within 7 working days to Italy and 15 working days to European destinations, for products in stock. The terms of delivery are indicated on the website. Although they have been carefully assessed, they must be considered as not binding for FrantoioMuraglia, which may confirm or change delivery dates according to its needs. Shipping times are given in working days. The shipping term for an order containing items with different shipping times shall be equal to the longest shipping term of the items in the order. Any delivery
delay of less than 30 (thirty) days shall not entitle the Customer to refuse delivery of products, nor claim compensation or any damages of any kind. FrantoioMuraglia has the right to complete, if necessary, the delivery of Products (for the same order) in several successive deliveries. The delivery is considered completed once the Product is delivered to the Customer. The delivery note issued by the carrier must be dated and signed by the customer upon delivery of the Product, and shall constitute proof of transport and release of the goods.
It should be noted that:
Upon delivery, the Customer must check the contents, compliance and condition of the Products. Therefore, upon delivery, FrantoioMuraglia recommends the Customer checks the condition of the products delivered, before signing the acknowledgement of receipt, and in particular: – The number of boxes must correspond with that indicated for the transport document accompanying the consignment. Packaging must not be damaged, wet or otherwise altered, and contents must be checked for damage. I f the Customer finds any faults, he/she must refuse delivery of products or write down his/her detailed and dated reservations. Those reservations must be declared to the carrier in a letter sent by registered mail with return receipt within 3 (three) working days following the delivery of the Products. A copy of the letter must be addressed to FrantoioMuraglia. If the courier note is signed without attaching any “reservation,” the Customer will not be able to make any objection about the appearance of the delivery.
Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 3 (three) days of delivery. FrantoioMuraglia has the right, at its sole discretion,
to use a courier of its choice to perform delivery of the Products ordered. Unless otherwise indicated, all deliveries shall be made by road. Terms and conditions of delivery details shall be agreed between the Customer and FrantoioMuraglia and accepted in writing by FrantoioMuraglia.
6. Collection of products in case of absence of the Customer.
In the absence of the consignee during the delivery, the carrier shall leave a transit advice note at the delivery address provided by the Customer. Products must be collected from the address by the method indicated by the carrier. If collection by the carrier is not possible within the specified period, the Products shall be returned to FrantoioMuraglia, which reserves the right to refund the price of products, while leaving the shipping costs charged to the Customer. In case of a Product-related error, the Customer agrees to return said Product or Products to FrantoioMuraglia, within 7 (seven) days of receipt, provided that it[/they] are returned unopened, in its[/their] original packaging and with the accompanying documents. Once the returned Product is received in the correct form and by the correct method, FrantoioMuraglia shall send the initially ordered Product, at its own expense.
7. Force majeure
The following cases are explicitly considered as cases of force majeure, in addition to those normally considered according to case law: – Total or partial strikes, inside or outside the company, blocking of means of transport or supply for any reason, governmental or legal restrictions, computer failure, blocking of telecommunications, including networks and in particular the Internet. In case of force majeure, initially, by rights, the execution of the order shall be suspended. If after a period of 3 (three) months, the parties note the persistence of force majeure, the order shall be automatically cancelled, unless otherwise agreed by both parties.
8. Grounds for withdrawal
8.1, Pursuant to Art. 5 of Legislative Decree no. 185, of 22 May 1999, the Customer (provided he/she qualifies as a “consumer” under Art. 1 letter b) of Legislative Decree no. 185, of 22 May 1999), has the right to terminate the contract and return the products ordered, without any penalty and without giving any reason, within 10 (ten) working days of the Products’ receipt.
8.2 The right of withdrawal referred to in Art. 9.1 must be exercised by the Customer, subject to revocation, by sending a registered letter with acknowledgement of receipt to Frantoio Oleario Muraglia & Co. SNC, Via Cialdini, 12, 76123 Andria BT, Italy, within 10 (ten) working days of receipt of the Products.
8.3 All returns (which must be undamaged and accompanied by original packaging) must be authorised by Customer Services (amministrazione@frantoiomuraglia.it). Once the return has been authorised, the Customer must return the product to the following address: Frantoio Oleario Muraglia & Co. S.N.C., Via Cialdini, 12, 76123 Andria BT. Parcels against cash on delivery shall not be accepted.
8.4 After the Products have been received (and assessed for damage),
FrantoioMuraglia shall credit the Customer, within the shortest time possible, the cost of the returned Products (as indicated on the invoice), deducting shipping costs, which shall remain permanently charged to the Customer.
8.5 The right of withdrawal referred to in Art. 8.1 may not be exercised by the Customer in the event that the purchased Products consist of bottles of oil that he/she has opened, or if the items corresponding to the sale have been ordered and produced expressly at his/her request. If Products are damaged in transport during their return, FrantoioMuraglia shall provide notice to the Customer (within 5 working days of receipt of the Products at its warehouses) to enable the latter to file a timely complaint against the courier of his/her choice and to obtain reimbursement of the value of the Products (if insured). In this case, the Product shall be provided to the Customer for its return, while cancelling the request for withdrawal. FrantoioMuraglia shall not be responsible under any circumstances for damage or theft/loss of Products returned by means of uninsured shipments. During the return period mentioned in Art. 15, the Customer, as custodian, shall be responsible for the Products. In case of damage or destruction of the Products in the Customer’s custody, the right to return Products shall cease.
9. Payment
Payment of the order/order fee is due from the time of the order.
The Customer agrees to pay the agreed price for the Product ordered on the website (Product price and transport costs) as well to directly pay, or settle, if necessary, the courier or the carrier, the VAT or other taxes relating to the import of products in the countries where the delivery will take place.
The methods of payment accepted are PayPal, bank transfer and against cash on delivery.
The Customer guarantees FrantoioMuraglia that he/she has the relevant authorisation to pay by card when ordering, or by bank transfer to FrantoioMuraglia.
If payment via bank transfer is not received by FrantoioMuraglia 10 days after order confirmation, the latter reserves the right to cancel the order. The bank details for payment are provided in the order. The Customer guarantees Frantoio Muraglia that he/she has the relevant authorisation to pay via PayPal when placing an order. If the product is shipped to any country that imposes the payment of duty and tax for imports, the buyer will pay for it. The product ordered and purchased online will be shipped once the duty and tax will be paid.
10. Failure to pay – Retention of property
The Products ordered remain the property of FrantoioMuraglia until the final or full payment of their price (under Art. 1,523 et. seq. of the Italian Civil Code.) FrantoioMuraglia reserves the right to claim the Products ordered in case of non-payment.
11. Complaints
Claims for non-compliance of a Product or Products delivered in the order must be sent in writing, directly to FrantoioMuraglia, immediately after receipt of said Products. The Customer must keep the original packaging and delivery note.
12. Registration data
The computerised processing of data, including the management of e-mail addresses of website users, shall be carried out in accordance with the provisions of a law. The registration data requested from the Customer is essential for processing and delivery of orders,
creating invoices and any warranty contracts. For this purpose, said data may be communicated to the contractual partners of FrantoioMuraglia. The Customer may oppose such communication and, pursuant to the law, pursue the right to access, modify, rectify and delete his/her corresponding data, by contacting Frantoio Oleario Muraglia & Co. S.N.C., Via Cialdini, 12, 76123 Andria (BT). To prevent any attempted fraud, FrantoioMuraglia may request proof of the Customer’s identity, from his/her place of residence.
13. Electronic signature
The “validation click” constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
14. Exclusion of waiver
For FrantoioMuraglia, failure to enforce non-compliance on the part of the Customer with any of its obligations shall not be interpreted as its waiver of the obligation in question and the possibility of enforcing that non-compliance at a later time.
15. Integrity of the contract
These general conditions of sale constitute the integrity of the parties’ obligations. No other general or specific condition communicated by the Customer may be introduced or contradict these general conditions.
16. Intellectual property
FrantoioMuraglia owns the intellectual property rights of the website and the right to distribute the items contained in the catalogue of the online store. Consequently, the total or partial reproduction, on any media, of the items that make up the website and catalogue, as well as their use and their sale to third parties, is strictly prohibited.
17. Nullity
If one or more provisions of these general conditions is considered invalid, or declared such pursuant to a law, regulation, or following a final decision taken by a competent jurisdiction, the other provisions shall retain their full force and value.
18. Place of jurisdiction
In the event of litigation and in the absence of an amicable settlement reached between the parties, without prejudice to the possible applicability of mandatory provisions of law for the protection of consumers (as defined under Art. 1 letter b) of Legislative Decree no. 185, of 22 May 1999), any dispute related to these General Terms and Conditions shall be referred to the exclusive jurisdiction of the Court of Trani. Pursuant to and for the purposes set out in Articles 1,341 and 1,342 of the Italian Civil Code, the Customer declares to have carefully read and understood and to specifically accept the following clauses of FrantoioMuraglia’s General Terms and Conditions of Sale: 1-2-3-4-5-6-7-8-8.1-8.2-8.3-9-9.1-9.2-9.3-9.4-9.5-10-11-12-13-14-15-16-17-18-19.
