Oleificio Di Berardino Gesulmino e Figli snc ©
The offer of this online store is proposed by the company Oleificio Di Berardino Gesulmino e figli snc. In accordance with current regulations on electronic commerce and distance contracts. Company data: Oleificio Di Berardino Gesulmino e figli snc VAT No. 00108210675
• Registered Office: viale I Maggio, 6 – 64015 Nereto (TE)• Operational Headquarters: viale I Maggio, 6 – 64015 Nereto (TE)
• The Customer declares to have read all the aforementioned information and general terms of sale before placing the order.
General Terms and Conditions of Sale These general terms and conditions of sale (the "General Conditions") govern the methods and conditions of sale of the products marketed by Oleificio Di Berardino Gesulmino (the "Products"). All contracts for the sale of Products by Oleificio Di Berardino Gesulmino to third parties (the "Customers") are governed by these General Conditions, which form an integral and substantial part of every proposal, order, and order confirmation for the purchase of the Products themselves. The terms and conditions of sale applicable to orders are those in force on the date of the order itself.
1. Products: prices and features Unless otherwise indicated, the prices of the Products published on the site by Oleificio Di Berardino Gesulmino are expressed in Euros and are inclusive of VAT. The price guaranteed to the buyer is the one published on the Site at the time the order is placed. The price set at purchase is fixed and final. The prices of the Products published from time to time by Oleificio Di Berardino Gesulmino on the site cancel and replace the previous ones and are subject to the actual availability of the Products. Any discount coupons available on our online shop cannot be combined with each other and are not valid for the purchase of products already on offer. The images of the products are indicative and not binding. The Customer is responsible for the choice of the Products ordered.
2. Orders – invoicing: Each order of Products sent to Oleificio Di Berardino Gesulmino constitutes a contractual proposal by the Customer. The fulfillment of the order by Oleificio Di Berardino Gesulmino is equivalent to confirmation and acceptance of the same. The fiscal documentation relating to the ordered Products will be issued by Oleificio Di Berardino Gesulmino at the time of shipment of the Products to the Customer. An invoice will be issued by Oleificio Di Berardino Gesulmino, and the Customer must provide the exact data necessary for invoicing and specify the shipping address for the invoice itself.
3. Order fulfillment: The order will be fulfilled within the terms specified on the Site. Normally, deliveries take place within 3 working days for Italy and 10 working days for European destinations for all Products marked as “available.” In the event that Oleificio Di Berardino Gesulmino fails to fulfill the order (if this is due to the unavailability of the Products ordered by the Customer), Oleificio Di Berardino Gesulmino will promptly inform the Customer of the expected delivery times for the procurement of the missing Product. If the Customer does not wish to wait for this period, which in any case will not exceed 30 working days, Oleificio Di Berardino Gesulmino will refund any amounts already paid by the Customer for the unfulfilled supply. In the event of stock breakage, depletion, or unavailability of the ordered Product, Oleificio Di Berardino Gesulmino undertakes to inform the Customer as soon as possible and to specify a timeframe for availability. The Customer will confirm their choice by email, i.e., to wait for the Product’s availability or to request a refund.
4. Order acceptance: The contract will be concluded only at the time of order confirmation by Oleificio Di Berardino Gesulmino. The Customer will receive an email notification acknowledging receipt, containing confirmation of the order with all the constituent elements of the contract (ordered products, prices, delivery dates, shipping costs, etc.). Oleificio Di Berardino Gesulmino reserves the right not to confirm an order for any reason, particularly in relation to a supply problem with the Products, or an issue concerning the order received.
5. Delivery of Products: The Products are delivered to the address indicated by the Customer. Shipments will take place after payment confirmation has been received; for bank transfers, the credit to our current account is valid, for payment by credit card, the confirmation of the transaction by the circuit is valid. Rates vary according to the gross weight of the shipment and the final destination of the products, with tiered rates and different rates for the Islands. The shipping cost is updated in the cart at checkout. Delivery Times Normally, deliveries take place within 3 working days for Italy and 10 working days for European and international destinations only for products available in stock. The shipping terms indicated on the site, although carefully evaluated, should be considered non-binding for Oleificio Di Berardino Gesulmino, which may subsequently confirm or modify them, according to its actual needs. Shipping times are indicated in working days. The shipping time for an order containing items with different delivery times is equal to the longest shipping time of the items in the order. Any delays in deliveries of less than 30 (thirty) days do not entitle the Customer to refuse delivery of the Products, nor to claim compensation or indemnity of any kind. Oleificio Di Berardino Gesulmino has the right, if it deems it appropriate, to deliver the Products (even relating to the same order) in several successive deliveries. Delivery is considered 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, will constitute proof in matters of transport and release of the goods. It is important to know that: Upon delivery, the Customer must check the content, conformity, and condition of the Product(s). Therefore, upon delivery, Oleificio Di Berardino Gesulmino recommends that the Customer check the condition of the delivered Products before signing the receipt notice, and in particular: – that the number of packages delivered corresponds to what is indicated in the transport document attached to the shipment; that the packaging is intact, not damaged, nor wet or otherwise altered, and to check the integrity of the contents. If the Customer finds any anomalies, they must refuse delivery of the products or put their reservations in writing, detailed and dated. These reservations must be confirmed to the carrier by registered letter with return receipt within 3 (three) working days following delivery of the Products. A copy will be sent to Oleificio Di Berardino Gesulmino. If the courier's document is signed without any "reservation," the Customer cannot raise any objection regarding the external characteristics of what has been delivered. Any problems concerning the physical integrity, correspondence, or completeness of the Products received must be reported within 3 (three) days of delivery. Oleificio Di Berardino Gesulmino has the right, at its sole discretion, to deliver the ordered Products by a courier of its choice. Unless otherwise indicated, all deliveries are made at street level. Special delivery conditions and terms must be previously agreed between the Customer and Oleificio Di Berardino Gesulmino and accepted in writing by Oleificio Di Berardino Gesulmino.
6. Product collection: In case of customer absence In the event of the recipient's absence during delivery, the carrier will leave a delivery attempt notice at the delivery address provided by the Customer. The Products must be collected at the address and according to the methods indicated by the carrier. If the Products are not collected within the period established by the carrier, the Products will be returned to Oleificio Di Berardino Gesulmino, which reserves the right to refund the price of the Products, leaving the shipping costs to be borne by the Customer. In the event of an error regarding the Product, the Customer undertakes to return said Product or the affected Products to Oleificio Di Berardino Gesulmino within 7 (seven) days of receipt, provided that they are returned with the packaging unopened, in their original condition and packaging with the accompanying documents. Once the Product has been received in the correct form and manner, Oleificio Di Berardino Gesulmino will resend, at its own expense, the Product initially ordered.
7. Force majeure: Explicitly considered as cases of force majeure, in addition to those normally recognized by jurisprudence, are also the following cases: – total or partial strikes, internal or external to the company, blockade of means of transport or supply for any reason, government or legal restrictions, IT failures, telecommunications blockages including networks and in particular the internet. In the event of force majeure, the execution of the order will be suspended, initially, by full right. If, after a period of 3 (three) months, the parties ascertain the persistence of the force majeure event, the order will be automatically cancelled, unless otherwise agreed by both parties.
8. Right of withdrawal 8.1 Pursuant to art. 5 of Legislative Decree 22 May 1999 no. 185, the Customer (if qualified as a "consumer" pursuant to art.1 letter b) of Legislative Decree 22 May 1999 no. 185) has the right to withdraw from the contract and return the Products ordered, without any penalty and without specifying the reason, within 10 (ten) working days from receipt of the Products themselves. 8.2 The right of withdrawal referred to in the previous article 9.1 must be exercised by the Customer, under penalty of forfeiture, by sending a registered letter with return receipt to Oleificio Di Berardino Gesulmino e figli snc viale I Maggio, 6 – 64015 Nereto (TE), Italy, within 10 (ten) working days from receipt of the Products. 8.3 All returns (which must be perfectly intact and accompanied by the original packaging) must be authorized by Customer Service amministrazione@oleificiodiberardino.it). Once the return has been authorized, the Customer may send the Product back to the following address: Oleificio Di Berardino Gesulmino e figli snc viale I Maggio, 6 - 64015 Nereto (TE). Cash on delivery parcels will not be accepted. 8.4 Once the Products have been received (and their integrity verified) Oleificio Di Berardino Gesulmino will, as soon as possible, credit the Customer with the cost of the returned Products (as indicated on the invoice), withholding the amount of shipping costs which will remain definitively at the Customer's expense. 8.5 The right of withdrawal referred to in the previous article 8.1 cannot be exercised by the Customer if the Products purchased consist of bottles of oil that have been opened by the Customer or if the items subject to sale have been ordered and produced expressly on the customer's order. In case of damage to the goods during transport of the goods in return, Oleificio Di Berardino Gesulmino will notify the Customer of the incident (within 5 working days from receipt of the goods in its warehouses), to allow him to promptly file a complaint against the courier chosen by him and obtain reimbursement of the value of the goods (if insured); in this event, the Product will be made available to the Customer for its return, simultaneously canceling the withdrawal request. Oleificio Di Berardino Gesulmino is in no way responsible for damage or theft/loss of goods returned with uninsured shipments. During the withdrawal period referred to in article 15, the Customer is responsible for the item as its custodian. In case of damage or destruction of the Product during the Customer's custody, the right of withdrawal will lapse.
9. Payment Payment for the order/ordering of the fee is due at the time of the order. The Customer undertakes to pay the agreed price for the Product ordered on the Site (price of the Products and shipping) as well as to pay or have paid, if necessary, and this directly to the courier or carrier, the VAT or other taxes related to the importation of the Products into the countries where delivery will take place. The accepted payment methods are: PayPal, bank transfer, and credit cards. The Customer guarantees Oleificio Di Berardino Gesulmino that they have any necessary authorizations to use the card payment method at the time of order or by bank transfer in favor of Oleificio Di Berardino Gesulmino. In case Oleificio Di Berardino Gesulmino does not receive the bank transfer within 10 days following the order confirmation, Oleificio Di Berardino Gesulmino reserves the right to cancel the order. The bank details are provided at the time of the order. The Customer guarantees Oleificio Di Berardino Gesulmino that they have any necessary authorizations to use the PayPal payment method at the time of order. For all countries where customs duties are required, these are the responsibility of the buyer. 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 Oleificio Di Berardino Gesulmino until full and final payment of their price (pursuant to Art. 1523 and following of the Civil Code). CM srl reserves the right to reclaim the ordered Products in case of non-payment.
11. Complaints Complaints for non-compliance of the Product(s) delivered with the order must be made in writing directly to Oleificio Di Berardino Gesulmino, immediately after receipt of the goods. The Customer must keep the original packaging and the delivery document.
12. Personal information The computerized processing of information, including the management of users' email addresses on the site, is carried out in accordance with legal provisions. The personal information requested from the Customer is essential for processing and forwarding orders, creating invoices, and any warranty contracts. For this purpose, such information may be communicated to Oleificio Di Berardino Gesulmino's contractual partners. The Customer may object to such communication and, in accordance with the law, exercises the right to access, modify, rectify, and delete data concerning them by contacting Oleificio Di Berardino Gesulmino e figli snc viale I Maggio, 6 - 64015 Nereto (TE). To prevent any attempt at fraud, Oleificio Di Berardino Gesulmino may ask you for proof of your identity and address.
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. No waiver: For Oleificio Di Berardino Gesulmino, the fact of not asserting a failure by the Customer with respect to any of their obligations shall not be interpreted as a waiver of the obligation in question or of the possibility to assert this failure at a later time.
15. Entirety of the contract These general terms and conditions of sale constitute the entirety of the obligations of the parties. No other general or specific condition communicated by the Customer may be added to or deviate from these general conditions.
16. Intellectual property: Oleificio Di Berardino Gesulmino is the holder of the intellectual property rights of the Site and the right to distribute the elements contained in the online store catalog; consequently, the partial or total reproduction, on any type of medium, of the elements that make up the Site and the catalog, their use as well as their transfer to third parties are formally prohibited.
17. Nullity If one or more provisions of these general conditions are considered invalid or declared as such pursuant to a law, regulation or as a result of a final decision taken by a competent jurisdiction, the other provisions shall retain all their force and value.
18. Competent court In the event of a dispute and in the absence of an amicable agreement reached between the parties, without prejudice to the possible applicability of mandatory legal provisions for the protection of consumers (as defined pursuant to art. 1 letter b) of Legislative Decree 22 May 1999 no. 185), any dispute in any way connected to these General Conditions shall be subject to the exclusive jurisdiction of the Court of Perugia.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Customer declares to have carefully read, understood, and specifically accepts the following clauses of the General Terms and Conditions of Sale of Oleificio Di Berardino Gesulmino: 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.