CONDITIONS OF SALE
PREMISE
(a) The offer and sale of products on the website www.oliomerlino.com are governed by the following General Conditions of Sale.
(b) The products purchased on the website www.oliomerlino.com are sold by Oliomerlino Srl Agricola, registered in the Business Register Chamber of Commerce of Messina, VAT number 03146100833, REA number ME-216247, with registered office in Messina (ME), Via C. Pompea 507 / B, 98167.
(c) Purchase transactions are governed, among other things, by the provisions of Legislative Decree no. 206 of 6.9.2005 (Consumer Code) pursuant to which:
(i) "online sales contract" means the distance contract, that is the legal transaction concerning movable property and / or services stipulated between a professional, Oliomerlino Srl Agricola, through the online service www.oliomerlino.com , and a consumer, in the context of a distance selling system organized by the trader who, for this contract, uses only the distance communication technology known as the Internet;
(ii) "professional" means the natural or legal person who acts in the exercise of his business or professional activity, or an intermediary;
(iii) "consumer" means the natural person who acts for purposes unrelated to any business or professional activity carried out.
Art. 1.
ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
1.1 All contracts will be concluded directly by accessing the Internet site corresponding to the address www.oliomerlino.com, where the customer can conclude the contract for the purchase of the desired good and / or product by carefully following the instructions and procedures provided. .
1.2 These general conditions of sale are an integral and essential part of the sales contract, for this reason they must be examined "online" by the customer, before completing the purchase procedure. The forwarding of the order confirmation therefore implies full knowledge of the same and their full acceptance.
1.3 The general conditions of sale can be updated or modified at any time by www.oliomerlino.com which will communicate it through the pages of the website.
1.4 The customer, by electronically sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his relations with www.oliomerlino.com, the general conditions of sale, including the payment conditions illustrated below. , declaring to have read and accepted all the information provided to him.
1.5 www.oliomerlino.com does not consider itself bound by different general conditions unless previously agreed and accepted in writing.
Art. 2.
SALE PRICES AND PURCHASE METHODS
2.1 All sales prices of the products displayed and indicated on the website www.oliomerlino.com for which they constitute an offer to the public pursuant to art. 1336 cc, are inclusive of VAT and all other taxes.
2.2 The total cost of shipping and transport to the customer's home is borne by the consumer.
2.3 The purchase contract is concluded through the exact compilation and the consent to the purchase expressed through the adhesion given "on line", subject to the successful completion of the payment.
2.4 The customer can pay for the ordered goods using the payment methods indicated "online" at the time of purchase.
Art. 3.
DELIVERY METHODS
3.1 www.oliomerlino.com will remit to the carrier / forwarder, thereby completing the delivery, the products selected and ordered to be transported to the customer, at the address indicated by him.
3.2 The purchased goods will be delivered within the terms set out in art. 54 of Legislative Decree 205/06. No responsibility can be attributed to www.oliomerlino.com for delayed or non-delivery due to force majeure or unforeseeable circumstances.
3.3 The customer is required to verify, upon receipt, the conformity of the product delivered to him with the order placed and, consequently, to sign the receipt documents.
Art. 4.
AVAILABILITY OF PRODUCTS
4.1 The customer may purchase the products indicated in the electronic catalog prepared bywww.oliomerlino.com. In the event that the product purchased by the customer on www.oliomerlino.com is no longer present or available by the professional within the terms set out in art. 54 Legislative Decree 205/06 Oliomerlino Srl Agricola undertakes (upon written communication pursuant to Article 54 of Legislative Decree 205/06, paragraph II) to reimburse as soon as possible (and in any case by the term of 30 days) the expenses paid for the payment of the supply.
Art. 5.
RESPONSIBILITY'
5.1 www.oliomerlino.com assumes no responsibility for inefficiencies attributable to force majeure such as, by way of example, accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, to execute within the time agreed by the contract.
5.2 www.oliomerlino.com will not be liable to any party or third party for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, as the customer is only entitled to a refund of the price paid.
5.3 Likewise, www.oliomerlino.com is not responsible for any fraudulent or illegal use that may be made by third parties, credit cards, and other means of payment, upon payment of the purchased products. In fact, at no time during the purchase procedure, Oliomerlino Srl Agricola is able to know the customer's credit card number which, by opening a secure connection, is transmitted directly to the bank service manager.
Art. 6.
OBLIGATIONS OF THE CUSTOMER
6.1 The customer undertakes, once the "online" purchase procedure has been completed, to print and keep these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully satisfy the condition set out in Articles 52 and 53 of Legislative Decree 205 / 06.
6.2 It is strictly forbidden for the customer to enter false and / or invented and / or fictional data in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications for him; the personal data and the e-mail address must be exclusively their real personal data and not those of third parties, or of fantasy.
6.3 It is expressly forbidden to enter data of third parties. www.oliomerlino.com reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
6.4 The customer indemnifies www.oliomerlino.com from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the customer, being himself solely responsible for the correct insertion.
Art. 7.
RIGHT OF WITHDRAWAL AND COMPLAINTS
7.1 Pursuant to art. 64 of Legislative Decree 205/06 the consumer can exercise the right of withdrawal and return the product received, in compliance with the terms and conditions set out below.
7.2 The consumer who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, pursuant to and for the purposes of the provisions of Legislative Decree no. 21/2014 which implemented Directive 2011/83 / EU on consumers, by sending a written notice of withdrawal (a) by registered letter with return receipt to the following address: Via Consolare Pompea 507 / B, 98167 Messina (IT) , or (b) by certified email to the following certified e-mail address (oliomerlinosrlagricola@pec.it), provided that such communication is confirmed within the following 48 hours by registered letter with acknowledgment of receipt referred to in point (a) above.
7.3 If he has exercised the right of withdrawal in the manner referred to in paragraph 7.2 above, the consumer must return the product no later than the fifteenth working day following receipt of the product, by direct delivery or shipment to Oliomerlino Srl Agricola at the registered office of Messina 98167, Via Consolare Pompea 507 / B. All costs of returning the products are charged to the consumer.
7.4 In the event that all the conditions and obligations of the consumer provided for in the previous points 7.2 and 7.3 have been respected, www.oliomerlino.com will refund the sale price net of the shipping costs incurred, less any costs relating to refunds incurred by www.casamerlino.com, with a value equal to the thirtieth day following the date on which www.oliomerlino.com became aware of the consumer's right of withdrawal.
Art. 8.
TERMS OF PAYMENT
8.1 For all transactions www.oliomerlino.com makes use of the payment methods and services indicated on the aforementioned site.
Art. 9.
EXPRESS TERMINATION CLAUSE
9.1 The obligations assumed by the customer pursuant to art. 7 (Obligations of the customer), as well as the guarantee of the successful completion of the payment that the customer makes with the means referred to in art. 2, are essential, so that by express agreement, the non-fulfillment by the customer of only one of these obligations will result in the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial ruling, without prejudice to the right for www .oliomerlino.com to take legal action for compensation for further damage.
Art. 10.
LAW ON THE PROTECTION OF PRIVACY
Information and consent pursuant to Legislative Decree no.196 / 2003 - Code regarding the protection of personal data
Pursuant to and for the purposes of the provisions of Legislative Decree of 30 June 2003, No. 196 of the Code regarding the protection of personal data (hereinafter the "Code"), we inform customers that the personal data provided and / or acquired subsequently, they will be processed by Oliomerlino Srl Agricola through electronic and manual tools in compliance with the Code and current legislation on privacy.
The provision of data is optional but any refusal to provide them makes it impossible to execute the obligations deriving from the contract to which the Customer is a party.
The personal data you provide are collected electronically and processed, also with the aid of electronic means, directly and / or through delegated third parties for the following purposes:
- purposes related to the execution of the service and to the management of the purchase order of the products;
- statistical purposes, sending advertising material, including through the use of e-mail.
In the context of administrative-accounting, fiscal, logistic and marketing activities it is sometimes necessary to communicate some of the data processed (eg: banks, accountant, external consultants, public offices, home delivery companies, companies who lend their work in outsourcing).
A list of the names of these subjects can be found at our office. Oliomerlino Srl Agricola undertakes not to communicate or disseminate any information concerning the Customer for commercial purposes and not to sell, share or transfer its databases.
Within our database, sensitive data may only be known by specifically appointed persons.
Pursuant to art. 7 of Legislative Decree 196/2003, the Customer has the right at any time to obtain from the Data Processor information on the processing of his data, on its methods and purposes and on the logic applied to it as well as: _cc781905-5cde-3194 -bb3b-136bad5cf58d_
A) confirmation of the existence of the data and the communication of the same and their origin;
B) the identification details of the Data Controller and of the Managers as well as the subjects or categories of subjects to whom the data may be communicated or who can learn about them as managers or agents;
C) updating, rectification and integration of data;
D) cancellation, transformation into anonymous form, blocking of data processed in violation of the law;
E) the attestation that the operations referred to in points C) and D) have been brought to the attention of those to whom the data have been communicated and disseminated, with the exception of the case in which this fulfillment proves impossible or involves a use of means manifestly disproportionate to the protected right;
F) to oppose: the processing of data, even if pertinent to the purpose of collection, for legitimate reasons; to the processing of data for commercial information purposes or for carrying out market research.
G) All the acquired data cannot be used for other purposes than those indicated above and will be kept for the period necessary for the realization of the same. After this deadline, the data will be deleted or transformed into anonymous form. For detailed data on purchases and services, storage times will not exceed those established by current legislation.
The data controllers are Messrs. Ignazio Scimone and Dario Scimone at the registered office of Messina 98167, Via Consolare Pompea 507 / B.
Art. 11.
JURISDICTION AND COMPETENT COURT
11.1 Any dispute relating to the application, execution, interpretation and violation of the purchase contracts stipulated "on line" through the website www.oliomerlino.com is subject to Italian jurisdiction; these general conditions are reported, although not expressly provided therein, in conjunction with the Civil Code and Legislative Decree 205/06.
11.2 For any dispute between the parties regarding this contract, the Court in whose district the consumer has his domicile will be competent; for all other customers it is agreed that any dispute will be the exclusive competence of the Court of Messina.