• Free shipping on orders over €200 in Germany, Austria, France and most of Europe. See the “Terms and Conditions” section for more details. •
Term & Conditions
Foreword
This online shop is offered by Muraglia Savino & C. Società Agricola Semplice.
In accordance with the current regulations on electronic commerce and distance contracts.
Company data:
Muraglia Savino & C. Società Agricola Semplice
Via San Candido, 83
76123 Andria (BT) Italy
Tel: +39 0883 1950959
P.I. 07612140728
E-mail: news@frantoiomuraglia.it
The Customer declares to have read all the above information and general conditions of sale before placing the order.
General Terms and Conditions of Sale
The present general conditions of sale (the ‘General Conditions’) regulate the terms and conditions of sale of the products marketed by Frantoio Muraglia (the ‘Products’).
All contracts for the sale of Products by Frantoio Muraglia to third parties (the ‘Customers’) are governed by these General Conditions, which form an integral and substantial part of each proposal, order and purchase order confirmation of the Products. The sales conditions applicable to orders are those in force at the date of the order.
1. Products: prices and characteristics
Unless otherwise indicated, the prices of the Products published on the site by Frantoio Muraglia are expressed in Euro and include VAT. The price guaranteed to the buyer is the price published on the Site at the time the order is placed. The price established at the time of purchase is fixed and final. The prices of the Products published from time to time by Frantoio Muraglia on the Site cancel and replace the previous ones and are subject to the actual availability of the Products. The images of the Products are indicative and not binding and any discrepancy does not affect the essential characteristics of the product, especially in the case of handicrafts. The Customer is responsible for the choice of the Products ordered.
2. Orders – invoicing
Each order for Products placed with Frantoio Muraglia constitutes a contractual proposal by the Customer. Fulfillment of the order by Frantoio Muraglia is equivalent to confirmation and acceptance of the order. The fiscal documentation relating to the ordered Products will be issued by Frantoio Muraglia upon shipment of the Products to the Customer. An invoice will be issued by Frantoio Muraglia, the Customer must indicate the exact data necessary for invoicing and specify the shipping address of the invoice.
3.Execution of the order
The order will be executed within the terms specified on the Site. As a rule, deliveries take place within 7 working days for Italy and 15 working days for European destinations for all Products indicated as ‘available’. In case of non-execution of the order by Frantoio Muraglia (if the same is due to unavailability of the Products ordered by the Customer), Frantoio Muraglia will as soon as possible inform the Customer of the expected delivery time for the supply of the missing Product.
If the Customer does not wish to wait for that time, in any case not longer than 30 working days, Frantoio Muraglia will refund any amount already paid by the Customer for the non-delivery.
In case of out of stock or unavailability of the ordered Product, Frantoio Muraglia undertakes to inform the Customer as soon as possible and to specify a deadline for availability. The Customer will confirm by e-mail his choice, i.e. wait for the availability of the Product or ask for its refund.
4. Order acceptance
The contract will be concluded only upon confirmation of the order by Frantoio Muraglia. Frantoio Muraglia reserves the right not to confirm an order for any reason whatsoever, in particular for a Product supply problem or a problem with the order received.
5. Delivery of the Products
The Products are delivered to the address indicated by the Customer. Shipments shall take place after receiving confirmation of payment; for bank transfer the crediting to our current account shall be deemed authentic, for payment by credit card the confirmation of the transaction by the circuit.
For our shipments we rely on the service of qualified express couriers such as Bartolini, GLS and Fedex.
Shipping charges are broken down as follows:
- Rates for Italy: standard service rate € 5.00 – express service rate € 7.00, free shipping for orders over € 70.00.
- Rates for United Kingdom: single rate € 25.00.
- Rates for Germany, Austria, France: rate € 10.00 – free shipping for orders over € 200.00
- Rates for Denmark, Sweden, Norway, Finland, Ireland: single rate € 20
- Rates for the rest of Europe: rate € 15.00 – free shipping for orders over € 200.00
- Rates for Switzerland: single rate € 35.00
- Rates for Australia, USA and Canada and Extra-Europe variable according to order amounts:
€ 1 TO € 50 EXPENSE: € 25
FROM 51€ TO 100€ SPEND: € 35
FROM 101€ TO 250€ COST: € 55
OVER 200€ SPEND: € 85
Delivery times
Deliveries normally take place within 7 working days for Italy and 15 working days for European destinations only for products in stock. The delivery times indicated on the site, although carefully evaluated, are not binding for Frantoio Muraglia, which can subsequently confirm or modify them, depending on its actual needs. Delivery times are indicated in working days. The delivery time of an order containing items with different delivery times is equal to the longer delivery time of the items in the order. Any delay in delivery of less than 30 (thirty) days does not entitle the Customer to refuse the delivery of the Products, nor to claim any compensation or indemnity whatsoever. Frantoio Muraglia has the right to deliver the Products (even related to the same order) in more than one delivery. The delivery is considered as executed from the moment the Product is delivered to the Customer. The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, shall constitute proof of transport and release of the goods.
It is important to know that:
Upon delivery, the Customer shall check the content, conformity and condition of the Product(s). Therefore, upon delivery, Frantoio Muraglia recommends the Customer to proceed to the verification of the state of the delivered Product(s) before signing the acknowledgement of receipt, and in particular: that the number of the packages delivered corresponds to the number indicated in the transport document attached to the shipment; that the packaging is intact, not damaged, not wet or otherwise altered, and to check the integrity of the contents. If the Customer finds any anomalies, he must refuse the delivery of the products or put his reservations, detailed and dated, in writing. These reservations must be confirmed to the carrier by registered letter with return receipt within 3 (three) working days after delivery of the Products. A copy will be addressed to Frantoio Muraglia. If the courier’s document is signed without affixing any ‘reservation’, the Customer will not be able to oppose any dispute about the external characteristics of the delivered.
Any problems concerning the physical integrity, correspondence or completeness of the Products received must be reported within 3 (three) days after delivery.
Frantoio Muraglia has the right, at its sole discretion, to deliver the ordered Products by a courier chosen by it. Unless otherwise indicated, all deliveries are made at street level. Special terms and conditions of delivery must be agreed in advance between the Customer and Frantoio Muraglia and accepted in writing by Frantoio Muraglia.
6. Collection of products in the event of the Customer’s absence
If the addressee is absent during delivery, the carrier shall leave a notice at the delivery address indicated by the Customer. The Products shall be collected at the address and in the manner indicated by the carrier. In case of failure to collect the Products within the time limit set by the carrier, the Products will be returned to Frantoio Muraglia, which reserves the right to refund the price of the Products, leaving the shipping costs to be paid by the Customer. In case of an error concerning the Product, the Customer undertakes to return the Product(s) concerned to Frantoio Muraglia within 7 (seven) days from receipt, provided that the Product(s) are returned unopened, in their original condition and packaging with accompanying documents. Once the Product is received in the correct form and manner, Frantoio Muraglia will return, at its own expense, the Product originally ordered.
7. Force Majeure
In addition to the cases normally considered by jurisprudence, the following cases are explicitly considered as force majeure: total or partial strikes, internal or external to the company, blocking of means of transport or supply for any reason, governmental or legal restrictions, computer failures, blocking of telecommunications including networks and in particular internet. In the event of force majeure, the execution of the order shall initially be suspended as of right. If, after a period of 3 (three) months has elapsed, the parties ascertain the persistence of the case of force majeure, the order shall automatically be cancelled, unless otherwise agreed by both parties.
8. Right of Withdrawal
8.1 Pursuant to Article 52 of the Consumer Code, the Customer (if he/she qualifies as a ‘consumer’ pursuant to the aforementioned code) has the right to withdraw from the contract and return the ordered Products, without any penalty and without specifying the reason, within 14 (fourteen) working days from receipt of the Products.
8.2 The right of withdrawal referred to under clause 8.1 must be exercised by the Customer, under penalty of forfeiture, by sending a registered letter with return receipt to Muraglia Savino & C. Società Agricola Semplice in Via San Candido, 83 in 76123 Andria (BT) Italy, within the term of 10 (ten) working days from the receipt of the Products.
8.3 All returns (which must be perfectly intact and accompanied by the original packaging) must be authorised by the Customer Service (news@frantoiomuraglia.it). Once the return has been authorised, the Customer may return the Product to the following address: Muraglia Savino & C. Società Agricola Semplice in Via San Candido, 83 in 76123 Andria (BT). C.O.D. packages will not be accepted.
8.4 Once the Products have been received (and their integrity verified)
Frantoio Muraglia will, as soon as possible, credit to the Customer the cost of the returned Products (as indicated on the invoice), withholding the amount of shipping costs which will remain definitively charged to the Customer.
8.5 The right of withdrawal referred to in Article 8.1 above may not be exercised by the Customer in the event that the Products purchased consist of bottles of oil that have been opened by the Customer himself or if the items subject to the sale were ordered and produced expressly on the Customer’s order. In case of damage of the goods during transportation of the returned goods, Frantoio Muraglia will notify the Customer of the incident (within 5 working days from receipt of the goods in their warehouses), to enable him to file a timely complaint against the carrier of his choice and to obtain reimbursement of the value of the goods (if insured); in this case, the Product will be made available to the Customer for its return, at the same time canceling the request for withdrawal. Frantoio Muraglia is not responsible in any way for damages or theft/loss of goods returned by uninsured shipments. During the withdrawal period mentioned in article 15, the Customer is responsible for the object as custodian. In case of damage or destruction of the Product during the custody of the Customer, the right of withdrawal shall be forfeited.
9. Payment
Payment is due from the moment the order is placed.
The Customer undertakes to pay the agreed price for the Product ordered on the Site (price of the Products and transport) as well as to pay or have paid, if necessary, and this directly to the courier or transporter, the VAT or other taxes relating to the import of the Products in the countries where delivery will take place.
The forms of payment accepted are: Paypal, credit card, bank transfer in advance, cash on delivery (Italy only), Scalapay.
The Customer warrants to Frantoio Muraglia that he has the necessary authorisations to use the card payment method when ordering or by bank transfer in favour of Frantoio Muraglia.
If Frantoio Muraglia does not receive the bank transfer within 10 days after order confirmation, Frantoio Muraglia reserves the right to cancel the order. The bank details are provided at the time the order is placed. The Customer warrants to Frantoio Muraglia that he has the necessary authorisation to use the Paypal payment method when placing the order. For all countries where customs duties are applicable, these are to be paid by the buyer. The payment of such duties is a necessary condition for the delivery of the product ordered and purchased on the site.
10. Non-payment – Retention of title
The ordered Products remain the property of Frantoio Muraglia until the final and full payment of their price (according to Art. 1523 et seq. of CC.) Frantoio Muraglia reserves the right to claim the ordered Products in case of non-payment.
11. Claims
Claims for non-conformity of the Product(s) delivered with the order must be received in writing directly by Frantoio Muraglia, immediately upon receipt of the goods. The Customer must retain the original packaging and delivery note.
12. Named Information
Computer processing of information, including the management of e-mail addresses of users of the site, is carried out in accordance with the provisions of the law. The nominative information requested from the Customer is indispensable for the processing and forwarding of orders, the creation of invoices and any guarantee contracts. For this purpose, this information may be communicated to the contractual partners of Frantoio Muraglia. The Customer may object to such communication and, in accordance with the law, has the right to access, modify, rectify and delete data concerning him by contacting Muraglia Savino & C. Società Agricola Semplice at Via San Candido, 83 in 76123 Andria (BT). In order to avoid any attempt of fraud, Frantoio Muraglia may ask you for proof of your identity and domicile.
You can consult the complete Privacy Policy at the following link: https://www.frantoiomuraglia.it/en/corporate-information/
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. Non-waiver
Failure by Frantoio Muraglia to enforce a default by the Customer in respect of any of its obligations shall not be construed as a waiver of the obligation in question and of the possibility of enforcing that default at a later date.
15. Entirety of the contract
These general terms and conditions constitute the entirety of the parties’ obligations. No other general or particular conditions communicated by the Customer may be included in or depart from these general conditions.
16. Intellectual Property
Frantoio Muraglia is the owner of the intellectual property rights of the Site and of the right to disseminate the elements contained in the catalogue of the online shop, consequently, the partial or total reproduction, on any type of support, of the elements that make up the Site and the catalogue, their use as well as their transfer to third parties are formally prohibited.
17. Invalidity
Should one or more provisions of these general terms and conditions be considered invalid or be declared invalid by application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions shall retain all their force and effect.
18. Jurisdiction
In the event of litigation and in the absence of an amicable agreement reached between the parties, without prejudice to the possible applicability of mandatory provisions of the law for the protection of consumers (as defined in art.1 lett. b) of Legislative Decree no. 185 of 22 May 1999), any dispute in any way related to these General Conditions shall be referred to the exclusive jurisdiction of the Court of Trani. Pursuant to articles 1341 and 1342 of the Italian Civil Code, the Customer declares to have carefully read and understood and to specifically accept the following clauses of the General Conditions of Sale Frantoio Muraglia: 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.
