Term and Conditions

Introduction and Effectiveness of the General Conditions
These general sales conditions (hereinafter, “General Conditions”) govern the purchase of products made at a distance and apply exclusively to sales via the internet through the website www.anticofrantoiogiardino.it, in compliance with the regulations set forth by the Consumer Code (Legislative Decree no. 206/2005 and subsequent amendments and additions) and the regulations on electronic commerce (Legislative Decree no. 70/2003).
The owner of the website, as well as the seller of the products, is: Frantoio Oleario Enzo Giardino, with registered and administrative office in Rocca san Giovanni, Via Mazzini 103, Tax Code GRDNZE56D10H439R, VAT number 02022150698. Registered with the Chieti Business Register, REA number: CH – 146120 – email address: info@anticofrantoiogiardino.it.
The consumer (hereinafter referred to as the customer) who makes purchases on the website is required to print or save these General Conditions according to their preferred method. In the event of any changes to the General Conditions, those published on the website at the time of the order will apply. For this purpose, customers are invited to regularly access the website and verify the publication of the most up-to-date conditions before placing an order.
In the event that the individual making purchases on the website requests an invoice and/or is not a “consumer or user” as defined in article 3, paragraph 1, letter a) of the Consumer Code, the regulations on withdrawal set forth in articles 7 and 8 of these General Conditions, and more generally, the provisions that, pursuant to the same Consumer Code, apply only to “consumers,” will not apply.
Registration is mandatory to place orders on the website. Registration for “consumer users” is only allowed for individuals of legal age.
Contracts concluded with Frantoio Oleario Enzo Giardino through the website are governed by these General Conditions. The language used for the conclusion of the contract is Italian.
Orders and Products
The features and price of the various products for sale on the Site (hereinafter “Product” or “Products”) are listed on the page related to each Product.
To conclude the purchase contract for one or more Products on the Site, the Customer must fill out an electronic order form and submit it electronically, following the instructions that will appear from time to time on the Site and that will accompany the different stages of the purchase. The Customer must add the Product to the “Cart” and, after confirming that they have read the General Terms and Conditions and the Privacy Policy, must provide shipping and billing information, select the desired delivery and payment method and confirm the order.
By sending the order from the Site, which has contractual proposal value, the Customer acknowledges and declares to have read all the indications provided during the purchase procedure and to fully accept these General Conditions and payment terms published at the time of the order.
The contract concluded between Frantoio Oleario Enzo Giardino and the Customer will be considered concluded only when the order form is registered and Frantoio Oleario Enzo Giardino sends an order confirmation email containing a summary of the order and the main sales conditions, with detailed indication of the purchased product, the price, the shipping and billing information, the payment method used, the shipping costs, as well as the indication of the customer service. It is recommended to keep the email as proof of purchase or to store it on a durable medium.
Once the contract is concluded, Frantoio Oleario Enzo Giardino will proceed with the processing of the order and the buyer can check the status of their order by accessing their profile and consulting the appropriate section.
In case, for technical reasons, one or more Products are no longer available at the time of shipping, the Customer Service at Frantoio Oleario Enzo Giardino will promptly send an email communication to the Customer who, within the next 24 hours, will have the option to confirm the shipment of only available Products, replace the missing ones with items in stock, or proceed with the cancellation of the shipment. In case of no response within this period, the order will be considered confirmed and the available Products will be shipped. In this case, the entire amount related to the missing Products will be credited back or, depending on the selected payment method, will not be charged to the Customer or promptly refunded.
In any case, any right of the customer to damages or compensation for the non-fulfillment, even partial, of an order is excluded.
Product Information
Information and characteristics related to the Products are available on the Website. The photographic representation of the Products on the Website usually corresponds to the image used for the product presentation for sales purposes and cannot be considered as a representation of its characteristics and qualities, as the product shipped may differ in color, size, and packaging. In case of any difference between the image and the written product description, the description provided in the product specifications always prevails.
Prices and Shipping
All prices shown on the website are in euros and include VAT, taxes, and fees. There is no minimum order required to place an order on the Site. Shipments in Italy: The shipping fee is €10.00 throughout the national territory. Shipping is free throughout the national territory for orders over €80.00. In all other cases, at the time of selecting the destination data, the system will update the shipping costs in order to allow the customer to complete the purchase procedure.
Payment and Invoicing Methods
1. Payment Methods
  The customer can pay for the Products and related delivery charges using PayPal and Bank Transfer. PayPal Once the order has been confirmed, the customer will be redirected to the PayPal website where they can make the payment using their account or a card, including prepaid cards, or in any other way accepted by PayPal, and in compliance with its terms and conditions. Bank Transfer
  The customer must make the transfer within 3 days from the date of the order. If this does not happen, the order will be cancelled, and the merchandise made available for purchase by other customers. The customer who has not made the transfer may be contacted by the Customer Service to verify their intention to confirm the purchase. Beneficiary of the Transfer: Frantoio Oleario Enzo Giardino Bank: BNL IBAN: IT91N0100577750000000001856 Reason for the transfer: order date and number, which can be found in the confirmation email, as well as the name and surname of the customer in case the order is placed by someone other than the purchaser (e.g. “Order 15/10/15 no. 8000200100, Mario Rossi”).
2. Order Invoicing
  For each order placed on the Site, a sales or service commercial document will be issued and sent to the subject who placed the order along with the goods.
Shipping and Delivery
The products purchased on the Site will be delivered to the address indicated by the Customer in the purchase order. All purchases will be delivered by express courier (hereinafter, “Courier”) from Monday to Friday, excluding holidays and national holidays. Frantoio Oleario Enzo Giardino is not responsible for delays that are not foreseeable or attributable to it.
Once the Products are shipped, the Customer will receive a confirmation email including a link to track the shipment.
The ordered products, in case of payment by credit card, will be delivered within the following three working days from the moment Frantoio Oleario Enzo Giardino has confirmed the order to the Customer via a special email. In case of bank transfer, the above-mentioned deadlines start from the date of receipt of the transfer.
In case of non-delivery due to the absence of the recipient at the specified address, the courier will leave a delivery notice on the first day, automatically scheduling a second delivery attempt the following day.
If the delivery is unsuccessful again, the courier will not leave a second notice. However, for each attempt, the courier will send emails with all the instructions for the redelivery. The card left on the occasion of the first attempt will indicate the data that the user must use to contact the courier and arrange an appointment. After two unsuccessful delivery attempts, the package will be put in storage by appointment to be made within 24 hours of the second attempt. After that, if the third attempt is unsuccessful or it is not possible to arrange an appointment, the package will be stored, and Frantoio Oleario Enzo Giardino’s Customer Service will contact the user in order to unlock the storage and ensure that the redelivery takes place as soon as possible at the expense of the recipient. If even this attempt is unsuccessful, the purchased product will be returned to Frantoio Oleario Enzo Giardino after 10 working days of storage. At this point, the contract will be considered resolved, and the purchase order canceled pursuant to art. 1456 of the Italian Civil Code. Frantoio Oleario Enzo Giardino will retain the payment received as reimbursement for shipping, delivery, and return costs, as well as for storage management. The termination of the Frantoio Oleario Enzo Giardino contract will be communicated to the user via email. In case the user requests to receive the purchased product again before the expiration of the ten days, Frantoio Oleario Enzo Giardino will proceed with the new delivery, charging not only the delivery costs but also the storage and custody costs.

Delivery times indicated on the website are those agreed upon with the couriers used by us. Frantoio Oleario Enzo Giardino cannot be held responsible for possible delays caused by the aforementioned couriers or due to certain periods of the year with higher congestion. Unless otherwise explicitly indicated by our Customer Service, delivery is considered to be at street level. At the time of delivery by the courier, the presence of the Customer or a trusted person is required to check that the packaging is intact and clean, and that the Products received correspond to what is indicated in the Order.

The customer is required to check:

the number of packages delivered corresponds to what is indicated in the transport document.
the packaging is intact, undamaged, not wet, or otherwise altered, including the closure materials (adhesive tape or other).

Any damage to the packaging and/or product, or any discrepancies in the number of packages or information, must be immediately reported by placing a WRITTEN CONTROL RESERVE on the courier’s delivery note, specifying the reason for the reservation (for example, crushed or torn packaging, etc.). The customer is obliged to send a communication to info@anticofrantoiogiardino.it stating that the goods have been “accepted with reservation,” and attaching photos proving the defect. Once the courier’s document has been signed, the customer cannot contest any external characteristics of the delivered goods.
Any problems related to the physical integrity, correspondence, or completeness of the received products must be reported within 2 days of delivery, in accordance with the procedures set out in this document.
Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, subject to the cases of exclusion provided for in the subsequent point IV. To exercise this right, the Customer must send a communication to Frantoio Oleario Enzo Giardino within 14 days from the date of receipt of the Products. If the Customer intends to exercise the right of withdrawal before receiving the Products, the communication of withdrawal may be sent at any time before their receipt.
This communication must be sent by registered letter with return receipt, addressed to: Frantoio Oleario Enzo Giardino Via Mazzini 103 66020 Rocca San Giovanni (Ch); or by certified email to the address enzo.giardino@arubapec.it.
Frantoio Oleario Enzo Giardino will, once the communication has been received, open a procedure for managing the return. The Customer must arrange, at their own expense, to ship the purchased products, properly packaged in their original packaging, and complete with any accessories, within 10 working days from the date of receipt of the goods, to the address indicated by the customer service at the time of opening the return procedure.
In accordance with Art. 67, paragraph II, of the Consumer Code, a necessary condition for exercising the right of withdrawal is the substantial integrity of the product to be returned. The products must not have been damaged and/or altered. It is not required that the merchandise to be returned be insured against theft and accidental damage during transport to exercise the right of withdrawal. However, since the risk of returning the merchandise falls on the purchaser, the purchaser who intends to exercise the right of withdrawal is invited to insure the shipment at their own expense for the value indicated in the order confirmation email. The Products must be returned in the same box in which they were received.
The right of withdrawal is subject to the following conditions:
1. The right applies to the Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts, it is not possible to exercise the right of withdrawal only on part of the purchased Product.
  In the event of exercising the right of withdrawal, Frantoio Oleario Enzo Giardino will refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date of receipt of the withdrawal notification, subject to Frantoio Oleario Enzo Giardino’s right to suspend the refund payment until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method. In case of a bank transfer, it will be the responsibility of the Customer to provide the bank details on which to receive the refund (account holder, name and address of the Bank, and IBAN).
2. Excluding cases of non-consumer customers and/or those with VAT numbers, the right of withdrawal is excluded in the following cases, pursuant to art. 59 of legislative decree 21/2014:
  -Order of products packaged to measure or clearly personalized;
  -Order of products that are likely to deteriorate or expire rapidly;
  -Order of sealed products that are not suitable to be returned for reasons of hygiene or health protection, or that have been opened after delivery.
  With reference to the cases of exclusion of the right of withdrawal listed above, the Customer, in particular, is informed and accepts that all food products, i.e. goods whose characteristics and quality are subject to alteration even as a result of improper storage, fall within the category of products that “are likely to deteriorate or expire rapidly”. Therefore, for hygiene and customer protection reasons, the right of withdrawal is applicable only to products purchased on the Site that can be returned and put back on the market without danger to consumers’ health.
  In cases of exclusion of the right of withdrawal, Frantoio Oleario Enzo Giardino will arrange to return the purchased products to the Customer, charging the Customer for the shipping costs.
Free Returns
In case of damaged goods due to transportation, Frantoio Oleario Enzo Giardino will fully bear the costs of shipping for the return of Products in case of exercising the right of withdrawal. In order to benefit from this free shipping, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in the previous article 7 and wait to be contacted by Frantoio Oleario Giardino Enzo to agree on the return of the Products to the courier. In order to be able to take advantage of the free return, the products must be returned with the same original packaging in which they were received, except in cases where it is damaged.
Warranty and Non-Conformities
All products sold on the website are covered by the Legal Warranty of Conformity provided for by articles 129-130-132 of the Consumer Code (“Legal Warranty”). The legal warranty is reserved for consumers. In case of non-conformities of Products sold by Frantoio Oleario Enzo Giardino, the Customer must immediately contact the Customer Service using the appropriate contact form or writing to the email address info@anticofrantoiogiardino.it. In case of non-conformity of the purchased products, the Customer has the right, at his choice and provided that the type of Product allows it, to restore the conformity of the Product free of charge through repair or replacement, or to an adequate reduction of the price or to the resolution of the contract by returning the paid price. The Customer forfeits these rights if the non-conformity is not reported within two months from the date on which the defect was discovered, unless it is a Product that by its nature is perishable or subject to a shorter expiry date, in which case the defect must be reported within that reduced period.
Errors and limitations of liability
The information concerning the Products provided through the Site is constantly updated by Frantoio Oleario Enzo Giardino. However, it is not possible to guarantee the complete absence of errors for which Frantoio Oleario Enzo Giardino cannot be held responsible, except in case of willful misconduct or gross negligence. Frantoio Oleario Enzo Giardino undertakes to correct all errors, inaccuracies or omissions as quickly as possible, even after an order has been placed, without prejudice to the Customer’s rights under these General Terms and Conditions and the Consumer Code. Except in case of willful misconduct or gross negligence, the Customer shall have no right to compensation for damages or indemnity, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance or partial execution of an order. Frantoio Oleario Enzo Giardino shall not be liable for loss of revenues or any other indirect damage of any kind arising from or in connection with contracts subject to the General Terms and Conditions.
Complaints
Any complaint must be sent to Frantoio Oleario Enzo Giardino using the appropriate contact form, or by registered letter with return receipt to the following address: Frantoio Oleario Enzo Giardino Via Mazzini 103 66020 Rocca San Giovanni (Ch); or by PEC to the address enzo.giardino@arubapec.it.
Applicable law and competent court
The General Conditions are governed by Italian law. For any dispute related to the General Conditions, the court of the place indicated by the customer as their residence or domicile, if located within the territory of the Italian state, will be competent, if the customer is a consumer under the provisions of the Consumer Code.

In all other cases, the competent territorial court is that of the seller’s registered office. Pursuant to Article 1341 of the Italian Civil Code, the Customer declares to have read and specifically accept the following articles of these General Conditions: 6 (liability for delivery delays), 10 (possibility to correct errors – exclusions of liability).

Information to the interested party pursuant to art 13 D. LGS 679/2016 on the e-commerce site Frantoio Oleario Enzo Giardino.