TERMS AND CONDITIONS
a) Company data:
Frantoio Tini s.a.s.
Contrada Pizzannocca 1 - 64035 Castilenti (TE), Italy
Tel: +39 339 5969504
b) General Terms and Conditions of Sale
The products of this online store are offered by Tini s.a.s. (called later in this document “Frantoio Tini”) in accordance with current regulations on e-commerce and distance contracts.
The Customer declares to have read all the above information and the General Terms and Conditions of Sale before placing his/her order.
All contracts for the sale of products by Frantoio Tini to third parties 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.
c) Products: prices and specifications
The prices of products published on the Frantoio Tini website are expressed in Euros and inclusive of VAT, unless otherwise indicated.
Pictures of products are indicative and subject to change.
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 Frantoio Tini on the website cancel and replace any previous prices and are subject to actual availability of the products.
d) Orders – billing
Each order for products sent to Frantoio Tini constitutes the Customer’s contract proposal.
Processing of the order by Frantoio Tini is equivalent to confirmation and acceptance thereof.
The Customer shall a indicate the exact data necessary for billing and specify the shipping address of the invoice.
Tax documents relating to the products ordered shall be issued by Frantoio Tini upon shipment.
e) Order acceptance
The conclusion of the contract shall only take place upon confirmation of the order by Frantoio Tini.
The Customer shall receive a receipt via e-mail stipulating the confirmation of the order with all the constituent parts of the contract.
Frantoio Tini reserves the right to not confirm an order for an issue or for a problem relating to supply of the products.
Payment of the order is due from the time of the order.
The methods of payment accepted are PayPal, bank transfer and accepted credit or debit card.
The Customer guarantees Frantoio Tini that he/she has the relevant authorisation to pay by Paypal or card when ordering or by bank transfer to Frantoio Tini.
The Customer agrees to pay the agreed price for the product ordered on the website (product price, transport costs and VAT and taxes in force in Italy on the date of purchase) as well to directly pay if necessary the VAT or other taxes relating to the import of products in the countries where the delivery will take place.
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.
If payment via bank transfer is not received by Frantoio Tini 7 working days after order confirmation, Frantoio Tini reserves the right to cancel the order.
The bank details for payment are provided in the order.
The products ordered remain the property of Frantoio Tini until the final or full payment of their price (under Art. 1523 et. seq. of the Italian Civil Code.) Frantoio Tini reserves the right to claim the products ordered in case of non-payment.
g) Completion of the order
Orders must be completed within the timeframes specified on the website.
In case of unavailability of the product ordered, Frantoio Tini shall inform the customer in the shortest time possible of the date when the product will be available.
If the Customer is not prepared to wait until the new delivery date, Frantoio Tini shall reimburse any amounts, if already paid, for the undelivered products.
The Customer shall confirm via e-mail of his/her choice to wait for the product to become available, or claim a refund.
h) Product Delivery
For shipping we rely on qualified courier services (shipping times are given in working days).
Shipments are usually made within 7 working days for Italy, 15 to European destinations.
The terms of delivery are indicated on the website and they must be considered as not binding for Frantoio Tini, which may confirm or change delivery dates.
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.
Frantoio Tini has the right to complete, if necessary, the delivery of products (for the same order) in several successive deliveries.
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.
Unless otherwise indicated, all deliveries shall be made by road.
i) Parcel check
On delivery, the Customer must check the contents, compliance and condition of the products.
Frantoio Tini recommends the Customer checks the condition of the products delivered, before signing the acknowledgement of receipt, and in particular:
- Packaging must not be damaged, greasy, wet or otherwise altered, and contents must be checked for damage.
- The number of boxes must correspond with that indicated for the transport document accompanying the consignment.
If 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 within 3 (three) working days following the delivery of the products. A notice should be sent to Frantoio Tini.
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.
Shipments shall be made after confirmation of payment.
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.
Terms and conditions of delivery details shall be agreed between the Customer and Frantoio Tini and accepted in writing by Frantoio Tini.
j) 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 Frantoio Tini, which reserves the right to refund the price of products, while leaving the shipping costs charged to the Customer.
k) Major force
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, governmental or legal restrictions, computer failure, blocking of telecommunications, including networks and in particular the Internet systems, pandemics and recognized health hazards.
In case of major force, 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.
l) Grounds for withdrawal
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.
The right of withdrawal referred to in previous article must be exercised by the Customer, subject to revocation, by sending a pec email to firstname.lastname@example.org or registered letter with acknowledgement of receipt to Tini s.a.s., Contrada Pizzannocca 1, 64035 Castilenti (TE), Italy, within 10 (ten) working days of receipt of the products.
The right of withdrawal referred to in previous article 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, Frantoio Tini 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.
Frantoio Tini shall not be responsible under any circumstances for damage or theft/loss of products returned by means of uninsured shipments.
All returns (which must be undamaged and accompanied by original packaging) must be authorised by Customer Services (email@example.com).
Once the return has been authorised, the Customer must return the product to the following address:
Frantoio Tini s.a.s., Contrada Pizzannocca 1, 64035 Castilenti (TE), Italia.
Parcels against cash on delivery shall not be accepted.
After the products have been received (and assessed for damage), Frantoio Tini 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.
During the return period mentioned in previous point, 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.
Claims for non-compliance of a product or products delivered in the order must be sent in writing, directly to Frantoio Tini, immediately after receipt of said products.
The Customer must keep the original packaging and delivery note.
n) 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.
For Frantoio Tini, 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.
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.
o) Intellectual property
Frantoio Tini owns the intellectual property rights of the website and the right to distribute the items contained in the catalogue of the online store.
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.
p) Registration data
The IT 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 provided by 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 Frantoio Tini.
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 Tini.
To prevent any attempted fraud, Frantoio Tini may request proof of the Customer’s identity, from his/her place of residence.
Electronic order validation is considered valid for legal purposes.
q) 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 Teramo.
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 Frantoio Tini’s General Terms and Conditions of Sale: a,b,c,d,e,f,g,h,i,j,k,l,m,n,o,p,q.