Terms and Conditions

1. SUBJECT OF THE ONLINE CONTRACT AND ITS DEFINITION

An “online” contract means a distance contract for the purchase of goods and/or services entered into between Azienda Agricola Gioacchini Antonio e Antonio, hereinafter referred to as the “supplier”, and a consumer customer, within a distance-selling system organised by the Supplier which, for this contract, exclusively uses Internet technology. All contracts are therefore concluded directly through the customer’s access to the website at www.oliosolum.com.
By consumer customer, hereinafter “consumer”, is meant solely the natural person who enters into the contract for purposes unrelated to any business or professional activity they may carry out.
By “customer” is simply meant the purchaser, generally understood as the Consumer.

2. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE AND OBLIGATIONS OF THE CUSTOMER

2.1. The contract entered into between the Supplier and the Customer is deemed concluded upon acceptance, even partial, of the order by the Supplier. Such acceptance is considered tacit, unless otherwise communicated to the Customer in any form, starting from the second day after the order has been received by the Supplier. The Supplier reserves the right not to process orders from parties other than the “consumer”, in accordance with its own commercial policy.

By placing an order through the various methods provided, the customer declares to have reviewed all the information provided during the purchase process and, consequently, to fully accept these general terms of contract.

2.2. It is strictly forbidden to enter false and/or invented personal data into the data-collection forms required to process the order. It is likewise forbidden to enter third parties’ data or to create multiple registrations for a single Customer. The Supplier reserves the right to take legal action against any violation or abuse, in the interest and for the protection of all Customers.

2.3. Once the Customer has submitted the order at the end of the online purchase process, they must print or save an electronic copy and, in any case, keep these general conditions of sale in compliance with Articles 3 and 4 of Legislative Decree 185/1999 on distance selling. Sending the order confirmation therefore implies full knowledge and complete acceptance of these conditions.

2.4. The Customer waives any right to claim from the Supplier compensation for damages or indemnity, or to attribute to the Supplier any contractual or extra-contractual liability for direct or indirect damages to persons and/or property caused by the non-acceptance, even partial, of an order.

• SALE PRICES AND PURCHASE METHODS

3.1. All sale prices of the products shown on the website www.oliosolum.com, which constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code, are inclusive of VAT. These prices may change at any time without the Supplier being required to give notice; in any case, once the order for the product has been placed, the price will not change.
The cost of shipping, both national and international, duly indicated on the relevant page of the website which the Customer must review before confirming the purchase, is entirely borne by the Customer.
In the case of delivery abroad, any additional costs due to duties or taxes provided for by the regulations in force in the destination country will also be borne by the Customer.

3.2. The Customer may only purchase products present in the catalogue at the time the order is placed and viewable online at www.oliosolum.com, as described in the relevant product information sheets. It is understood that the image accompanying a product’s description sheet may not perfectly represent its characteristics.

 

• PAYMENT METHODS

4.1. Credit card: In the case of payment by credit card, the parties acknowledge that, at the time the online transaction is concluded, all financial information (card number, expiry date, etc.) will be automatically forwarded, via encrypted protocol, to the relevant Banking Institution, which will charge the Customer’s account for the amount of the purchase made.
Azienda Agricola Gioacchini Antonio e Antonio uses the credit card payment system and PayPal.

4.2. In addition to payment by credit card, the following payment methods are also accepted, unless otherwise specified or agreed with the User: cash on delivery (in cash upon delivery of the goods) and bank transfer.
In the case of bank transfer, upon confirmation of the order, the bank details (IBAN), the transfer amount and the order number will be provided. Payment by bank transfer must be made within any indicated deadline and, in any case, no later than 10 days from order confirmation, beyond which it may not be possible to guarantee fulfilment of the goods: in this case, Azienda Agricola Gioacchini Antonio e Antonio will refund the sender, at no additional cost and by bank transfer, any payment received after the deadline.
Should the User realise that they have provided incorrect and/or incomplete information regarding their personal details or the shipping address of the goods, they must promptly notify the Supplier, and in any case within the order fulfilment period, by sending an email to info@oliosolum.com. In all cases, the User is solely responsible for any incorrect and/or incomplete indication of personal details or delivery address, with the consequent possibility of losing the amount paid should the goods be delivered to third parties.

4.3. In the event of cancellation of the order, either by the Customer, as described in Article 8 below, or by the Supplier, in the event of non-acceptance of the order, cancellation of the transaction will be requested. Once the transaction has been cancelled, the Supplier can in no case be held liable for any damages, direct or indirect, caused by the delay in this operation.

4.4. The Supplier reserves the right to ask the Customer to send a copy of identity documents proving ownership of the credit card used for payment. In the absence of the requested documentation, the Supplier may refuse to accept the order and, therefore, not conclude the contract.

4.5. At no point in the purchase process is the Supplier able to access information relating to the purchaser’s credit card, which is transmitted via a secure connection directly to the website of the Banking Institution that manages the transaction. No computer archive of the Supplier will store such data. In no case, therefore, can the Supplier be held liable for any fraudulent or unlawful use of credit cards by third parties.

• SHIPPING AND DELIVERY METHODS

5.1. Shipping and delivery: The goods will be delivered to Customers at the address specified when placing the order, in the manner set out in this article, by trusted couriers and/or carriers, which the Supplier will use within 2/3 days of accepting the order for goods indicated as immediately available, and within 15 working days in the case of goods not immediately available.
The contract is completed upon delivery of the goods by the Supplier to the courier. For this reason, the Supplier will not be liable for failed or delayed delivery, nor for damage, loss, or total or partial destruction of the goods.

5.2. When the goods are delivered by the courier to the Customer, the Customer must check: that the quantity of goods ordered matches what is indicated on the transport document; that the packaging is intact, undamaged, not wet, or otherwise altered, including the sealing materials. Any damage must be reported immediately to the courier making the delivery.
Once the courier’s document has been signed, the Customer may not raise any objection regarding the external characteristics of the goods delivered.

5.3. Delivery times: If shipment is made by a different courier, delivery times will never exceed those provided for by Article 6 of Legislative Decree 185/99 (30 days from the date of the order and/or from receipt of payment, if the item is in stock). The aforementioned delivery times refer to products present in the warehouse at the time of the order.

5.4. Delivery delays: Any delays in the delivery of goods cannot be attributed or attributable to the Supplier. Under no circumstances can the Supplier be held liable for damages caused by the Courier in connection with delayed delivery of the goods to the customer or to third parties, it being understood that the contract is completed upon delivery of the goods to the courier.

5.5. Failed delivery: Should the courier, upon delivering the goods, find no one at the specified address, the goods will be deposited at the warehouse indicated on the notice card left at the address. After thirty days of storage, the goods will be returned to the Supplier and the Customer will not be able to assert any rights. All costs, direct and indirect, will be borne entirely by the Customer.
The Supplier will retain payment for the goods as a penalty, reserving the right to compensation for any further damage suffered.
In the event of failed delivery due to the Customer’s fault, the Customer may request a new shipment of the ordered and paid-for products by making an immediate request to the Supplier by email at info@oliosolum.com. All costs, in addition to any further damage suffered by the Supplier, will be borne by the Customer.

5.6. Delivery costs. These are borne by the Customer and are clearly and separately stated apart from the price of the goods or service when the order is placed, as already provided for in Article 3 above.

5.7. Invoice: For every order placed on www.oliosolum.com, the Supplier issues an accompanying invoice listing all items shipped, which is placed in a sealed envelope and sent together with the goods.
For the purposes of issuing the invoice, the information provided by the Customer when placing the order is authoritative.

5.8. Any mismatch between the goods ordered and those delivered must be promptly reported to the Supplier.

• PRODUCT AVAILABILITY

6.1. The Customer may only purchase products listed in the electronic catalogue, in the quantities available in real time in the warehouse.

6.2. Should the goods not be available in the warehouse in the quantities desired by the Customer, the Customer may contact the Supplier by email to receive all necessary information about the product and the expected time for restocking it.

• LIABILITY

7.1. The Supplier assumes no liability for disruptions caused by force majeure and/or unforeseeable circumstances such as accidents, theft and/or robbery of the courier responsible for delivery, fires, explosions, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, performance of the contract within the agreed times and manner.

7.2. Nor will the Supplier be liable to anyone for damages, losses and costs incurred as a result of failure to perform the contract for the reasons mentioned above, the Customer being entitled only to reimbursement of the price paid by the Carrier, who is solely responsible.

• RIGHT OF WITHDRAWAL

8.1. Pursuant to Article 5 of Legislative Decree 185/1999, the customer has the right to withdraw from the purchase contract for any reason, without needing to give explanations and without any penalty, subject to what is indicated in this article.
Please note that this right is reserved exclusively for natural persons, those consumer customers who, as defined in Article 1, purchase the goods for purposes unrelated to any business or professional activity. To exercise this right, the Consumer must inform the Supplier of the intention to withdraw within 10 working days from the date of receipt of the goods, in the case of goods, or from the day the online contract is concluded, in the case of services.
This communication must be sent by email to info@oliosolum.com, Azienda Agricola Gioacchini Antonio e Antonio, or by telegram, again within the aforementioned 10-day period, followed by confirmation by registered letter with return receipt, sent within the following 48 hours.
Once the above withdrawal notice has been received, the Supplier will promptly inform the Consumer of the instructions on how to return the goods, intact and in their original packaging, which must take place within the following 48 hours.

8.2. In any case, the right of withdrawal is, in any event, subject to the following conditions:
– it applies to the entire order and to the product purchased in its entirety; it is not possible to exercise withdrawal on only part of the order or of the purchased product;
– the purchased item must be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessories), with nothing missing.
The security seal must remain intact.
– this right does not apply to products made to measure or personalised.

8.3. The costs of returning the item are borne entirely by the Consumer. The goods, until confirmation of receipt at the Supplier’s warehouse, remain under the full responsibility of the Consumer.
In any case, the Supplier is in no way liable for damage or theft/loss of goods returned via uninsured shipments and, in any case, never beyond the insured value.

8.4. In the event of withdrawal, the Supplier will refund the Customer the full amount paid within 14 days from the date of receipt of the returned goods, using the same payment method used at the time of purchase (PayPal).

8.53. The right of withdrawal lapses, due to the lack of the essential condition of integrity of the item (packaging and/or its contents), in cases where the Supplier ascertains:
– the absence and/or damage of the outer packaging and/or original inner packaging;
– the absence of integral parts of the product;
– damage to the product for reasons other than its transport.
In the event of forfeiture of the right of withdrawal, the Supplier will return the purchased item to the sender, charging them for the shipping costs.

• WARRANTIES

Azienda Agricola Gioacchini Antonio e Antonio operates diligently and in absolute good faith in the production and marketing of its products, continuously verifying the actual quality of the products according to the characteristics described in the purchase offers. In any case, Azienda Agricola Gioacchini Antonio e Antonio invites the customer to bear in mind that oil is a living product in continuous evolution and that its taste characteristics, aromas, colours and organoleptic properties in general are subject to personal evaluation and can in no case be the subject of a guarantee by the producer. The User is also aware that the images used in the offers may sometimes only be indicative of the product and may not always faithfully represent the product delivered.

In the case of Direct Sale, Azienda Agricola Gioacchini Antonio e Antonio will be directly responsible for the conformity of the products under warranty. In the event of products that are found to be non-conforming, the User will contact Azienda Agricola Gioacchini Antonio e Antonio by sending an email to: info@oliosolum.com; Azienda Agricola Gioacchini Antonio e Antonio will verify the goods under warranty or, once the fault has been directly verified, proceed with any subsequent replacement, or issue a refund by crediting back the original payment method, or by issuing a Voucher for an amount equal to the price of the product purchased. Azienda Agricola Gioacchini Antonio e Antonio will decide at its sole discretion, where the warranty clause applies, whether to apply replacement, refund of the price, or issue of a voucher. In any case, the legal warranty is reserved for consumers, i.e. those who have made a purchase from Azienda Agricola Gioacchini Antonio e Antonio for purposes unrelated to any business, commercial, artisanal or professional activity they may carry out.

1. CONTRACT TERMINATION AND EXPRESS TERMINATION CLAUSE

10.1. The Supplier has the right to terminate the contract entered into by simply notifying the Customer with adequate and justified reasons; in this case the Customer will be entitled exclusively to a refund of the amount already paid.
The Customer has the right to cancel the contract within 24 hours of the order, promptly notifying customer service by email at info@oliosolum.com.

10.2 The obligations undertaken by the Customer under this contract are of essential nature, so that, by express agreement, failure by the Customer to fulfil even just one of these obligations will result in automatic termination of the contract pursuant to Articles 1456 and 1457 of the Italian Civil Code, without prejudice to the Supplier’s right to take legal action for compensation for damages suffered.

1. JURISDICTION AND COMPETENT COURT

11.1. The sales contract between the Customer and the Supplier is deemed concluded in Italy and is governed by Italian Law.

11.2. For the resolution of disputes arising from the conclusion, performance, interpretation or termination of this distance sales contract, exclusive territorial jurisdiction lies with the Court in whose district the Consumer is domiciled, if located within Italian territory.
All disputes arising from this contract and/or agreement, including those relating to its validity, interpretation, performance and termination, will be referred to a Sole Arbitrator, regardless of the number of parties, in accordance with the Regulations of the International Chamber of Arbitration, which will administer the proceedings, with registered office in Via Kennedy n. 126 – 87036 Rende (Cs) – Tax code 98122040789, and with operational offices throughout the national and international territory, which the parties declare to know and fully accept. The arbitrator will proceed according to law, and the parties agree that the proceedings will be:
Documentary (pursuant to Article 49 of the Regulations of the International Chamber of Arbitration).
The seat of any arbitration proceedings will be Viterbo, and the venue (meaning the address) will be identified and communicated to the parties by the Arbitration Secretariat upon filing of the request for arbitration.

1. PROVISION AND PROCESSING OF PERSONAL DATA

The personal data requested when placing an order is collected and processed in order to fulfil the Customer’s express requests and will under no circumstances be disclosed to third parties. The Supplier guarantees its Customers compliance with the regulations on the processing of personal data, governed by the privacy code under Legislative Decree 196 of 30.06.03.
The above general conditions of sale may be modified or updated at any time by the Supplier. Such changes are effective from the moment they are published on the website shop.trebotti.it and will therefore apply to sales made after the change itself.

 

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NOTICE pursuant to Articles 13 and 14 of Regulation (EU) 2016/679.

With this document (the “Notice”) the Data Controller, as defined below, wishes to inform you about the purposes and methods of processing your personal data and about the rights granted to you under Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the “GDPR”).

1 Who are the Data Controller, its Representative and the Data Protection Officer (“DPO”)

The Data Controller is Azienda Agricola Gioacchini Antonio e Antonio (the Company or the Controller) with registered office at via Vittorio Veneto 108, 01025 Grotte di Castro (VT).

Its Representatives are Antonio and Giovanni Gioacchini.

The Controller has appointed a Data Protection Officer (“DPO”), in the person of Mr Antonio Gioacchini, whom you may contact to exercise your rights under Articles 15 to 22 of the GDPR, as well as to receive any information relating to them and/or to this Notice, domiciled for this role at the Company’s registered office, and reachable using the following contact details:

Azienda Agricola Gioacchini Antonio e Antonio, via Vittorio Veneto 108, 01025 Grotte di Castro (VT).

 

certified email (PEC): aziaagragioacchini@pec.it

The Controller and the DPO, also through designated structures, will handle your request and provide you, without undue delay and in any case no later than one month from receipt, with information on the action taken.

2 What personal data we process

2.1 Personal data

For the purposes set out in this Notice, the Controller may process common personal data, such as, for example, identification data (name, surname, address, telephone number, email and other contact details, an identification number, an online identifier) and banking data and payment methods (e.g. IBAN, credit cards, PayPal identifiers). In the absence of such personal data, the Company will not be able to carry out the operations and manage the relationships that require the processing of your personal data.

2.2 Source of personal data

Your personal data processed by the Company is that provided directly by you to the Controller or collected from Third Parties, or in the event that the Controller acquires data from external companies for commercial information purposes, market research, or direct offers of products or services. This Notice also covers the processing of your personal data acquired from Third Parties.

3 What are the purposes of the processing for which the personal data is intended

3.1 Performance of contracts

The processing of your personal data is necessary for obtaining preliminary information prior to the conclusion of contracts you will enter into with the Company (such as, for example, contracts for the purchase of the Company’s products and services, including via websites and internet portals, etc.), for the finalisation and performance of the contracts you have signed and the operations connected to them, for monitoring the use of the services made available to you in performance of the contracts concluded, and for their subsequent management, including by means of distance communication (for example, carrying out operations, checks and assessments on results, payments and the progress of relationships and the risks connected to them).

3.2 Regulatory compliance

The processing of your personal data by the Company may also be connected to compliance with obligations provided for by law (such as, for example, anti-money laundering legislation, tax legislation), by EU regulations and/or legislation, or by supervisory and control bodies or other authorities legitimately entitled to do so.

3.3 Profiling

The processing of your personal data and your consumption habits, as well as aspects relating to your financial situation, allows the Company to offer the best deals suited to your personal needs.

3.4 Automated decision-making regarding natural persons, including profiling

The Company may process your data in order to make decisions based solely on one or more automated processes, including profiling, which may produce legal effects concerning you or similarly significantly affect you.

3.5 Marketing activities

The Company intends to process your personal data in order to send you commercial communications about the Company’s products and services, including direct marketing conducted using the results of analysis activities, as well as to carry out direct sales and market surveys or research.

3.6 Marketing activities for Third-Party products

The Company may send you commercial communications about products and services offered by companies controlled by, controlling, or affiliated with the Company pursuant to Article 2359 of the Italian Civil Code, and/or by third-party companies, including direct marketing conducted using the results of analysis activities, as well as carrying out direct sales of such products or services.

3.7 Disclosure of your personal data to Third Parties

The Company may disclose your personal data to marketing companies, market research firms and consulting companies (the “Third-Party Recipients”) for their own independent processing for marketing purposes; they will process your personal data as independent controllers, providing you with appropriate information on their respective processing within a reasonable time, no later than one month after the transfer of your personal data.

3.8 Service quality control

The Company also intends to process your data to carry out quality-control activities on the services provided to you in the course of your relationship with the Company.

3.9 Processing of special categories of personal data (“sensitive data”)

It may happen that the Company, in carrying out its activities and pursuing the purposes listed above, processes special categories of data, such as data revealing racial or ethnic origin, religious or philosophical beliefs, political opinions, trade union membership, genetic data, biometric data intended to uniquely identify you, as well as personal data revealing health status, sex life or sexual orientation, for the processing of which your written consent is required.

4 How your personal data will be processed

Your personal data will be processed, in compliance with the provisions of the GDPR, by paper-based, IT and telematic means, with logic strictly related to the stated purposes and, in any case, in a manner suitable for ensuring its security and confidentiality in accordance with the provisions of Article 32 of the GDPR.

5 To which parties your personal data may be disclosed and who may become aware of it

For the pursuit of the purposes described in paragraph 3 above, your personal data will be known to employees, similar personnel, collaborators and agents of the Company, who will act as data processors.

The Controller may also disclose your personal data to third parties (including those based outside the European Union, in compliance with the legal requirements that allow this) belonging to specific categories.

6 What rights you have as a data subject In relation to the processing described in this Notice, as a data subject

You may, under the conditions provided for by the GDPR, exercise the rights set out in Articles 15 to 22 of the GDPR and, in particular, the following rights: right of access, right of rectification, right to erasure (right to be forgotten), right to restriction of processing, obligation of notification in the event of rectification or erasure of personal data or restriction of processing, right to data portability, right to object, automated decision-making regarding natural persons including profiling, communication of a personal data breach to the data subject, right to withdraw consent, right to lodge a complaint (with the Data Protection Authority, Piazza di Montecitorio n. 121, 00186, Rome).

The above rights may be exercised against the Controller by contacting the details indicated in paragraph 1 above.