E-shop conditions (in force since 13/03/2025)
BETWEEN Society Frantoio Scalias.r.l, with registered office in Mascalucia (CT) at the Via Pulei, 35, P.iva: 0527041870, PEC: [email protected] (hereinafter, for brevity "Frantoio Scaliaβ)
E The User, of age, interested in the purchase of the products put on sale on the website www.frantoioscalia.com (from now on, for brevity the "Userβ)
Premise
- These General Conditions of Sale (later, "General conditions"Or even"Contract") Have as its object the discipline of the purchase of the products made at a distance and made available, via the Internet, by the site www.frantoioscalia.com (below, the "Site") In compliance with the Italian legislation, among other things, in terms of electronic commerce (Legislative Decree 70/2003) and consumer protection (Legislative Decree 206/2005).consumers"(Intesi as subjects who carry out purchases for non -professional activities, nor entrepreneurial, nor commercial or crafts), in other cases (professionals) some provisions may not apply, depending on what is indicated in the course of the contract itself.
- The site is owned by Frantoio Scalia, and is dedicated to the online sale of food, and specifically food oils of its own production.
- The user is required, before sending the order, to carefully read these conditions that have been made available to him on the site to allow for reproduction and memorization. The same are made available to the user also in .pdf format, so that he can save them, keep them and print them for every need; Equally, each order placed remains available to the user in his reserved area of ββthe site.
- The user declares to be of age as well as in full possession and exercise of the rights provided for by the law as necessary for the stipulation of this contract, such as the ability to understand and want and the legal ability to act.
- Through the contract, the parties intend to regulate the relationship between them within the limits and in the context of what was agreed there. The user also authorizes the treatment described in the connected Privacy Policy Available on the site, relating to the contractual relationship and for further purposes specified in information.
- The contracts concluded at a distance with Frantoio Scalia Through the site they are regulated by these general conditions in compliance with Italian legislation. The language available to conclude the contract is Italian.
- The owner of the site and seller of the products and services is: on registered office in Mascalucia (CT) at Via Pulei, 35, P.iva: 0527041870, PEC: [email protected]
Art.1 - Object of the contract and orders - phases to place orders - information cards
- Frantoio Scalia It sells and the user acquires with a distance sales contract, through the Internet, the products and services selected and ordered by the user among those included in the electronic catalog, although subject to check for availability.
- The service is active for purchases of products to be delivered exclusively in Italy, San Marino, Vatican City and in the countries belonging to space, European economic (See). In the event that the user is interested in receiving the products in territories outside the See (eg USA, China, etc.), please contact Frantoio Scalia At its e-mail/pec addresses or to the contact vehicles made available on the site (e.g. WhatsApp) in order to evaluate the possibility of purchasing and the relative shipment whose costs-remains understood-will be borne by the user.
- The user can choose the products to be purchased by browsing among those presented on the site or looking for them directly through the research function. By clicking on the "Add to cart" button or similar relating to the desired product, this will be added to the virtual cart and the "Your cart" button will appear, or similar, by clicking on this the user will be addressed to the page containing the list of selected items. At this stage it will be possible to increase and/or decrease the quantities of the chosen product, empty the trolley or add other products. Once the insertion of the products in the cart is finished, the user can proceed with the purchase, clicking on the "CHECKOUT"Or similar, fill in the form relating to billing data, select the payment method among those available (PayPal; Bank transfer; Credit / debt card).
- Placed the order, Frantoio Scalia The correct receipt of the order at its servers will confirm the user, by message sent to the User's e -mail address.
- The order of the user thus confirmed and forwarded is to be considered as "purchase offer"Aimed at Frantoio Scalia, which must verify their warehouse availability of the requested products (or the feasibility of the requested services) before being able to accept, Although tendentially (albeit in a non -binding way) it can be reported in advance to the user, in the information on the individual product, the presumed availability, not updated. Once verified, within a maximum of 3 (three) working days Frantoio Scalia One of the following answers will communicate to the user: (i) its possible acceptance; Only in this case will the order intend to perfection and binding for both sides, when the relative Confirmation of acceptance It is sent by e-mail to the user; or (ii) in the event of any exhaustion of stocks or non -feasibility, due to non -predictable factors or other causes, Frantoio Scalia The unavailability (total or partial) of what has been ordered and to reimburse within maximum 15 (fifteen) days as if possibly paid by the user for non-available products, if a different replacement order is not agreed (the User and the User e Frantoio Scalia However, they will be able to agree on a dialing of delivery terms, in the event of an expected rewarding products, or replacement with different product or service).
- Each product and service is accompanied by an information page (divided into the sections "DESCRIPTIONβ e βADDITIONAL INFORMATION") Which illustrates the main characteristics. The images and descriptions present reproduce as faithfully possible the characteristics of the products and services. The colors of the products, however, could differ from the real ones due to the settings of the IT systems or the devices used for their viewing. The images of the products present in the information sheet, moreover, could differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with the tolerances of use. Frantoio Scalia informs the user that the information contained in the aforementioned sections can contain errors, omissions or inaccuracies on the characteristics of the products sold by virtue of non -updates to the Site. Therefore, any responsibility is declined regarding the complete truthfulness of the information present in the information pages.
Art. 2 - Registration - Authentication credentials - Profile
- The access credentials to the sales services subject to the contract and orders are chosen by the user at the time of his online registration by means of a specific form on the site, confirmed by the e-mail of registration and composed of (a) by an identification code corresponding to the e-mail address and (b) of a password chosen to taste by the user. The e-mail address and password defined at the time of registration can be modified by the user at any time and without any limitation, by accessing their reserved area on the site.
- The user assumes the personal responsibility for the data declared in the fields of the registration form and the consequences that may derive from false declarations. In case of failure to correspond to truth of what the user declared in the registration form, Frantoio Scalia reserves the right not to enable or disable the user from access to the Site and purchases, without any obligation to notice or motivation and except for the right to adopt the legal measures suitable for chance.
- The registration procedure, during which the aforementioned credentials are assigned, can take place to access the site, preliminarily to each order, or after having selected and pre -filled the first data necessary to place an order. The creation of its profile on the site therefore coincides with the stipulation of this agreement (contract), to be considered offered to the public perfected with the acceptance of the user.
- The profile created by the user on the site is to be considered strictly personal of the user himself, not authorizing third parties to access or by selling or granting the rights deriving here to third parties. The user will take care to maintain their data on their profile of the site constantly updated and exact, being able to modify them directly on the site or by contacting Frantoio Scalia.
- Once the contract has been stipulated, this is to be considered indefinitely, thus being able to subsequently make orders (to be considered separate attached to the contract) when and if you wish, however, not existing any obligation to carry out orders. If the user wants to end the relationship with Frantoio Scalia, thus eliminating your profile on the site with the relative right of access, it will be able to do so by means of a specific request for withdrawal from the contract, as better specified in the following art. 12; This withdrawal will have no effect on the orders already performed.
Art.3 - User's obligations and responsibilities
- The user undertakes to view and accept these General Conditions (contract).
- The user undertakes, once the contract acceptance procedure is completed, to provide the press (also digital) and/or the conservation of the same. By providing in this sense also as regards the attached information and model of withdrawal, in order to fully satisfy the condition referred to in articles 52-53 of Legislative Decree 206/2005 and subsequent amendments and additions.
- The user will provide payments due to Frantoio Scalia in the methods specified in order.
- The user declares that he is of age and to have full ability to act.
- Frantoio Scalia reserves the right to refuse or delete orders, as well as to suspend its account by terminating the user's contract, in the following cases:
- In the event of a serious and/or reiterated violation by the user of these contractual sales conditions (in particular, to articles 2, 3 or 5) or the applicable e-commerce rules;
- In case of inappropriate or offensive behavior by the user against Frantoio Scalia or other users of the site;
- In the event of suspicion of fraud or illegal activity in the use of the site;
- In case of non -payment of the orders made by the user;
- In case of impossibility to escape the order due to technical or force majeure reasons.
Art.4 - Times and methods of delivery of orders
- After receiving confirmation of the payment authorization or to the crediting of the total amount due, Frantoio Scalia will ship the products or the surrender of the services ordered. To the non -payment of the total amount due - except for different written agreement between the parties - the order will consequently be canceled.
- Frantoio Scalia assumes the burden of delivering to the user, in the place indicated by them and through the means of shipment indicated in the order, the products subject to the order accepted by Frantoio Scalia.
- Any conditions will be reported on the site for which transport costs will not be charged, e.g. exceeding certain amounts indicated on the site in order.
- The deliveries take place promptly, indicatively within 5 (five) days, at the latest within 30 (thirty) days, starting from the date of transmission of the confirmation (acceptance) of the order by Frantoio Scalia. Unless otherwise communicated subsequently to the purchase, there are no deliveries on holidays.
- The services ordered will be rendered in the timing indicated in the online tab of the service itself.
Art.5 - Transport damage
- The ownership of the products will be transferred to the user at the time of shipment, to be understood as the moment of delivery of the product to the carrier. The risk of loss or damage of the products, for cause not attributable to Frantoio Scalia, on the other hand, will be transferred to the user when these, or a third designated and different from the carrier, will materially enter the products.
- In the event that the user finds any damage external to the packaging or the failure to correspondence with the number of hills must immediately affix a written control reserve on the courier's delivery test or refuse the acceptance of the damaged neck by writing the reason on the car letter that the courier requires to sign upon receipt of the delivery. The user who has accepted the neck with a control reserve and subsequently found damage to the product must first from the delivery (as time to find the defect), notify the damage, e.g. by sending a registered letter with return receipt or e-mail to the headquarters and contacts of Frantoio Scalia on reported. In addition to the reason for the return, the user must also specify the order number of the purchase and attach the tax documentation.
- In the event that the user finds damage to the product not visible from the outside or the non -correspondence of the number of products received or the product does not respond to the use declared by Frantoio Scalia or to which that product is generally intended - will have to notify the damage or the failure to correspond to the product (vice of conformity) as soon as possible by the discovery of these damage/shortcomings, e.g. by sending a PEC or registered letter with return receipt to the headquarters of Frantoio Scalia above. In addition to the reason for the return, the user must also specify the order number of the purchase and attach the tax documentation.
- Following the notification presented by the user, with the user's consent, Frantoio Scalia will replace the damaged product. In the event that, for any reason, Frantoio Scalia It was not able to replace the product, it may proceed with the return of the entire amount paid or its replacement with a product of equal or higher value in accordance with the user.
- What is indicated in the following art. 6, in particular as regards the possible choices of the user if the aforementioned cases are presented (reduction of the price, etc.).
- The user has the possibility to collect the products ordered at a collection point, based on the options and methods available on the site, if available. The user will be promptly notified by e-mail when the order is ready to be withdrawn at the chosen withdrawal point. In the other agreement, if the user does not fulfill this obligation, the order will be considered resolved by right, pursuant to and for the purposes of art. 1456 c.c. As a result of the resolution, the order will be canceled e Frantoio Scalia It will proceed with the reimbursement of the total amount due, the shipping costs have been deducted. The mere lack of withdrawal of the order cannot be understood as the exercise of the right of withdrawal, if provided, and will not entitle the full reimbursement of the sums paid for the purchase of the order.
Art.6 - complaint of vices/compliance and legal guarantee; conventional warranty
- Frantoio Scalia He is obliged to deliver the Consumer User goods compliant with the order (description, quality, usual use of the products and services themselves) and is responsible for the user for any defect in conformity existing at the time of the delivery of the product.
- In the aforementioned case, the products are covered by the two -year legal guarantee (from delivery) for the defects of conformity pursuant to articles 128-135 of Legislative Decree 206/2005 and subsequent amendments and additions. The guarantee is reserved for the "consumer", as defined above and by the legislation.
- The consumer user (for non -malicious defects) can act in court, asserting the legal guarantee, within 26 months from the delivery of the products; If agreed in court, it can always assert the rights referred to in art. 135-bis of Legislative Decree 206/2005.
- The guarantee does not work in the event that the reported defects derive from the incorrect conservation, manipulation or use or transport of the product by the consumer or in the event of non -compliance with the instructions provided by the manufacturer. Likewise, the guarantee does not operate every time the defect is attributable to the guilty or malicious conduct of the consumer or depends on other causes that cannot be referable to the production and transport of the product up to the consumer's home.
- In the event that the consumer user finds compliance defects must report the defect a Frantoio Scalia and will be able to do it eg. By sending a registered letter with return receipt or e-mail to the headquarters of Frantoio Scalia abundantly. In addition to the reason for the report, the user must also specify the order number of the purchase and attach tax documentation.
- Salvo proof contrary, it is assumed that any defect in conformity that manifests itself within a year from the moment in which the asset has been delivered already on that date, unless this hypothesis is incompatible with the nature of the good or with the nature of the defect of conformity.
- In the event of a lack of conformity, the consumer will be entitled, to repair/replace the product within a adequate term, unless the remedy is objectively impossible or excessively onerous or in other cases of the law (art. 135-bis Legislative Decree 206/2005)-in secondary school, will be entitled to reducing the price or resolution of the order (art. 135-quater D.LGS 206/2005). A lack of mild conformity for which it was not possible or it is excessively expensive to carry out the remedies of the repair or replacement, it does not entitle the resolution of the order.
- In case of order resolution, Frantoio Scalia It will return to the consumer the total amount paid, consisting of the purchase price of the product, the shipping costs and any other additional cost. In case of price reduction, Frantoio Scalia will return the amount of the reduction, previously agreed with the consumer. The reimbursement or reduction amount will be credited to the vehicle or the payment solution used by the consumer for the purchase.
- Frantoio Scalia reserves the right to verify the existence of the lack of conformity reported by the user.
- Frantoio Scalia reserves the right to communicate to the user if it will withdraw the defective product at the user's domicile. Operating times for the performance of the activities related to the activation of the guarantee are variable and are determined by the type of product and the nature of the defect.
- Frantoio Scalia It is not responsible in case of damage, of any nature, deriving from the use of the product improperly and/or not compliant with the instructions provided by the manufacturer as well as in the event of damage deriving from the fortuitous case or force majeure.
- The products sold on the site can, depending on their nature, be covered by a conventional guarantee issued by the manufacturer ("Conventional warranty"). The user can assert this guarantee only towards the manufacturer. The duration, extension, even territorial, the conditions and methods of use, the types of damage/defects/defects and any limitations of the conventional guarantee depend on the individual producer. The conventional guarantee has a voluntary nature and does not replace, does not limit and does not affect or exclude the legal guarantee described above. At the headquarters of the site, it will be announced on the product information page if there is a Conventional applicable guarantee.
Art. 7 - Right of withdrawal for orders
- In accordance with the law, the user who is consumer will be able to exercise the right of withdrawal from the order without specifying the reason and without the payment of any penalty, within 14 (fourteen) days, generally and as best specified below, by the delivery of the goods. On the site there is a special web page of the site (accessible via the Footer, with a dedicated link) information on the right of withdrawal and including the Withdrawal form Usable by the user for the relative exercise, where all information is found. This information and the form is to be considered as an attachments, an integral part of the contract.
- It should be noted that in the case of exercising the right of withdrawal, the start of the term will be calculated as follows:
- In the case of order relating to a single product, from the day the user or a third party, different from the carrier and designated by the user, acquires the physical possession of the products;
- In the case of a multiple order with separate deliveries, from the day the user or a third party, different from the carrier and designated by the user, acquires the physical possession of the last product; or
- In the case of an order relating to the delivery of a consistent product of lots or multiple pieces, from the day the user or a third, other than the carrier and designated by the user, acquires the physical possession of the last lot or piece.
- Pursuant to art. art. 59 Deld.lgs. September 6, 2005, n. 206 (Consumer Code), the right of withdrawal cannot be exercised in several cases including:
- sale of sealed goods that do not lend themselves to being returned for hygienic reasons or connected to the protection of health and have been opened after delivery;
- sale of goods that risk deteriorating or expires quickly.
Therefore, In the event that the user will open the product after delivery, it will not be possible to exercise the right of withdrawal as required by articles 52 to 58 of the aforementioned Consumer Code.
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- If the user withdraws from the order, Frantoio Scalia It will proceed with the reimbursement of the total amount due, without undue delay and in any case no more than 14 (fourteen) calendar days from the day on which the user's decision was informed to withdraw from the contract. The refund will be made using the same payment tool used for the initial transaction. In the event that the user has returned the products using a carrier of his choice and at his own expense, Frantoio Scalia You may suspend the reimbursement until the products are receipt or until the user has demonstrated to have sent the products, if previous. There are no reimbursement of the costs relating to the return of the products.
- The product must be guarded, manipulated and inspected with normal diligence and returned intact, complete in all its parts, accompanied by all any accessories and illustrative sheets, with identification tags, labels and disposable seal, where present, still attached to the product and intact and not tampered with, as well as perfectly suitable for the use to which it is intended for and proof of signs of usury or dirt. The withdrawal also finds application to the product in its entirety.
- In the event that the product for which the withdrawal has been exercised has undergone a decrease in value resulting from a manipulation of the good different from that necessary to establish the nature, characteristics and functioning of the product,Frantoio Scalia reserves the right to reduce an amount equal to this decrease in value from the refund amount. Of the circumstance and the consequent decreased amount of reimbursement Frantoio Scalia It will notify him within 5 (five) working days from receipt of the product, providing, in the event that the refund has already been paid, the bank details for the payment of the amount due by the user due to the decrease in product value.
- In the event that the withdrawal has not been exercised in accordance with the provisions of applicable legislation, it will not entail the resolution of the order and, consequently, will not entitle any refund. Frantoio Scalia It will notify the user within 5 (five) working days from receipt of the product, rejecting the request for withdrawal. The product will remain at Frantoio Scalia available to the user for the retreat, which must take place at his expense and under his responsibility.
- In the case of partial withdrawal from multiple orders, the amount of delivery costs to be reimbursed in favor of the user will be quantified in proportion to the value of the product subject to withdrawal. Therefore, if for example, the user made a total order of 200.00 euros, in which two products are included, the first worth β¬ 50.00 and the second worth β¬ 150.00, and returns the product worth β¬ 150.00, the user will be refunded by an amount equal to 75% of the delivery costs incurred. In any case, the amount of delivery costs to be returned can never exceed that actually paid.
- Any cost relating to the return of the products subject to return is exclusively loaded by the user
Art. 8 - Prices
- All prices of products and services are published on the Site with indication of each applied item, including tax itals, shipping costs and any other expenses, etc. The price applied will be the one indicated at the time of the order.
- The user will correspond to Frantoio Scalia For the products purchased the price indicated in the online catalog at the time the user himself made the order, with one of the payment methods offered on the Site. This price will be expressed in euros and will be inclusive of VAT.
- The shipping costs of the products, where provided for the user, will be applied according to the prices indicated in the appropriate section within the site that the user has read before placing the order. When confirmed or not, every order to the user will still be summarized the entire division of applied expenses, tax items and any other sum due.
- Product prices can be updated and therefore daily undergo variations.
- There are no minimum amounts to place an order.
- The use of promotional codes (coupon) is governed on the site based on the following principles:
- If the value of the promotional code is lower than that of the order, the remaining sum can be completed according to the payment methods provided for the site;
- The promotional codes cannot be combined with each other in the face of a single purchase;
- The promotional codes cannot be used also for the purchase of products already in promotion;
- promotional codes can also be used for payments of expenditure amounts lower than their value; In this case, the remaining discount sum cannot be re -credited and is considered lost;
- Each promotional code can be used for a single order;
- In no case, the promotional codes entitled to rest or reimbursements in the case of purchases of a lower amount;
- Any products or for which it will not be possible to use the promotional codes will be duly reported on the site;
- In the case of cancellation for any cause of an order for which a codicipromance was used, the relative amount will be re -credited to the user's personal account;
- In no case can the promotional codes be converted into cash.
- Pursuant to applicable legislation (art. 17bis Legislative Decree 206/2005), each price reduction ad (such as the aforementioned promotional codes) indicates the previous price applied on the site for a certain period of time before applying this reduction. By "previous price" we mean the lowest price applied to the generality of consumers in the 30 (thirty) days preceding the application of the price reduction. This does not apply to agricultural and food products. For products that have been placed on the market for less than 30 (thirty) days, this period of time is indicated on the site to which the previous price refers.
Art.9 - Promotions and gifts
- Any promotions proposed by Frantoio Scalia And the offer of any free products are valid until the stocks of the products are exhausted and within the limits, even thunderstorms, of purchase indicated on the Site. Promotion products can be delivered in promotional packs, other than those published on the site.
- No replacement or made is possible in relation to any products received freely by the user.
Art. 10 - Responsibility of Frantoio Scalia
- Frantoio Scalia It assumes no responsibility for disservices attributable due to force majeure of any nature and gender, if it cannot execute in the agreed times with the contract and order.
- They are causes of force majeure, by way of example and not exhaustive: accidents, explosions, fires, strikes and/or tight, earthquakes, floods, pandemics and other similar events, as well as measures of the public authority, the strike of their own employees or vectors of which Frantoio Scalia It makes use, as well as any other circumstance that is outside the control of the latter.
- Frantoio Scalia, Salvo is not otherwise provided for by applicable rules, assumes no responsibility for the fraudulent use possibly made by third parties of the payment card data or other means of payment provided by the user, also because they are not directly treated by Frantoio Scalia but only by the intermediaries themselves of payment.
- Frantoio Scalia Declines all responsibility for errors, omissions, interruptions, cancellations, defects, operational or transmission delays, faults of communication lines, theft, destruction, unauthorized access or alteration of any communication made by users, as well as in relation to any problem or technical inconvenience of networks or telephone lines, online processing systems, servers, computer equipment, software errors or reproduction software due to reproduction software. technical problems or to a high traffic on the Internet of the services of the site or to their combination, as they deriving from exulating causes from the control of Frantoio Scalia.
Art. 11 - Payment and billing methods
- The user will pay the products/services ordered according to the following methods: PayPal; Bank transfer; Credit / debt card. The credit cards accepted are indicated previously on the site during order, as well as in the footer of the same.
- As regards the payment method through credit card, by filling out the appropriate space on the site, the user authorizes Frantoio Scalia To charge the amount of expenditure incurred on your credit card. Frantoio Scalia The credit card number and the data relating to it does not record directly in its databases: all credit card transactions are processed exclusively by the banking institutions in charge and no data will ever be disclosed or reported on the carrier's transport documents. In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that the purchase procedure can be requested by satisfying the authentication criteria requested by the payment institution in charge of managing the online payment operation. The authentication criteria refer to the identity of the user (to satisfy this criterion, the user must be registered on the Site on the occasion of the purchase operation) and the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to improve the procedure described above may imply the impossible to finalize the order on the site.
- As regards the payment method through PayPal, All necessary instructions will be provided in the final order confirmation phase. The user will be redirected to the third site www.paypal.it where it will make the payment based on the procedure provided and governed by Paypal and the terms and conditions of contract agreed between the user and Paypal. The data entered on the PayPal website will be processed directly by it and will not be transmitted or shared with Frantoio Scalia which, therefore, is unable to know and does not store in any way the data of the payment card connected to the Paypal user account or the data of any other payment tool connected with this account.
- The debit times and any crediting (e.g. in case of withdrawal) on the payment tool connected to this account depend exclusively on these tools and on the connected banking system.
- The payment will be inclusive of tax itals, shipping costs, where provided, in addition to any other cost of cost charges to the user previously summarized to the user when the order confirmation.
- Frantoio Scalia will send the invoice by e -mail to the address indicated in the order by the user.
- For the issue of the tax document, the indications provided by the user at the time of the order will be faithful. No variation will be possible, after issuing the tax document. To this end, the user undertakes to carefully check the data entered at the time of the order, since these will be used for accounting records.
Art. 12 - General withdrawal of the contract (account)
- In any case, the general withdrawal by the user is always allowed as regards this contract, that is, from his account, thus entailing the cancellation of his registration on the site as provided for in art. 2 Previous and the exclusion from the use of the reserved area of ββthe site and by the request for orders. The user's communication can take place in the preference of the user, to the contacts of Frantoio Scalia (e.g. by e-mail and appropriate identification), without any burden of motivation or costs. It is understood that the termination/withdrawal of the contract involves the immediate termination of each order possibly in progress but not yet executed, while it will not have an effect for the orders already performed.
- Consequently, to reception Frantoio Scalia He will promptly delete the user from the database of his registered users, as confirmed to the user himself by e-mail, with the effect of providing the user from the use of the Site, except how much it is necessary to keep for legal obligation (e.g. for tax purposes) or other purposes indicated in the privacy information.
- Frantoio Scalia will be able to terminate the contract with the user pursuant to and for the purposes of art. 1456 of the Italian Civil Code, in the event of non -compliance by the user of the provisions of articles 2 and 3 of the contract, without prejudice to the rights of Frantoio Scalia the payment of the fees accrued in his favor on the date of resolution and any compensation for the damages suffered.
- In the event of their resolution or withdrawal, Frantoio Scalia It will notify the e-mail to the user's contact details, with an immediate effect.
- The obligations assumed by the user to art. 3 referred to above (User's obligations), as well as the good ending of the payment that the user must make, are essential, so that, for expressed agreement, the default by the user of only one of these obligations will determine the right to Frantoio Scalia to terminate the contract by law and related orders in progress, pursuant to art. 1456 of the Italian Civil Code, without the need for judicial ruling, except for the right for Frantoio Scalia to act in court for compensation for further damage.
Art. 13 - Changes to the contract
- Frantoio Scalia reserves the right to vary this contract at any time, publishing the updated version from time to time from time to time, will also be notified by e-mail to the user; On this e-mail the user will find the link to be able to accept, through the site, the new conditions. Otherwise, it will not be possible for the user to place further orders.
- Any new clauses will be effective for purchases (orders) made after the modification.
Art. 14 - applicable law
- The contract is regulated by Italian law and apply to consumers, as they are compatible, the provisions of the consumer code (Legislative Decree 206/2005), in particular Part III - Chapter I "of consumer rights in contracts" relating to distance contracts and those negotiated outside commercial premises, articles 45-67) as well as-when applicable-of Legislative Decree 70/2003 (electronic commerce).
Art. 15 - Alternative resolution of online disputes (ODR)
- Frantoio Scalia informs the consumer user that was established (through EU/524/2013 reg.) European platform for the online resolution of consumer disputes (c.d. ODR platform). The ODR platform can be consulted at the following link: https://webgate.ec.europa.eu/odr; Through the ODR platform, the consumer user can consult the list of ADR bodies, find the link to the site of each of them and start an online resolution of the dispute in which it is involved. The email of Frantoio Scalia usable for the related contacts will be exclusively: [email protected]. In any case, the law of the consumer user to be the competent ordinary judge of the dispute deriving from the contract, whatever the outcome of the outstanding procedure described above, as well as the possibility, where the prerequisites, to promote an extrajudicial resolution of the disputes relating to the consumption relations by appeal to the procedures referred to in Part V, Title II - bis, code of consumption, are
- The user who resides in a Member State of the European Union other than Italy can also access, for each dispute relating to the application, execution and interpretation of the contract, to the European procedure established for modest -entity disputes, by regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, β¬ 2,000.00.
Art. 16 - General provisions
- Any dispute relating to the application, execution, interpretation of the contract entered into online through the site is subjected to Italian jurisdiction.
- For disputes arising between the parties in relation to this contract, the judge of the place of residence or domicile of the user is competent, if located in the territory of the Italian State.
- If the residence or domicile of the user are not located in the territory of the Italian State, or when the user is not a consumer, the Catania hole is competent.
- The parties elect their domicile for each end concerning the contract, including that of any judicial notifications and sending communications, to the contact details reported in the header for the contract (for Frantoio Scalia) and to those provided by the user when registering on the Site (for the user). Each part must promptly communicate any changes in home to the other.
- The user is prohibited from the user to transfer, in whole or in part, the rights and/or obligations derived from this agreement. Instead the user lends as of now consent to that Frantoio Scalia may give in this agreement, in whole or in part, as well as the related rights and/or obligations to third parties, without the need for authorization and with the only obligation by Frantoio Scalia to notify the User's contact details with the transfer.
- The contract cancels and replaces any previous agreed, verbal or written, between the parties and having the same object, as well as its possible, different, previous version. Any changes to the contract will be valid and binding only if proposed and approved by the parties.
- In the event that one or more provisions of the contract should prove to be disabled, this will not affect the applicability of the remaining provisions.
- Any existence of other further contracts or agreements between Frantoio Scalia And the user does not determine any of their connection to the present, therefore remaining each separate and autonomous, except in the event that a contract or agreement explicitly and functionally recalls another (as in the case of orders attached to this contract), but always within the limits of a correct literal interpretation of the same.
- The user declares that he has read, including and accepted these contractual conditions in full as well as the related attachments and undertakes to keep them in writing or on another lasting support at his disposal and accessible to him.
Art. 17 - Customer service and assistance
- You can ask for information, send communications, request assistance or forward complaints, contacting Frantoio Scalia in the following ways:
- Frantoio Scalia He will respond to the complaints presented within 5 (five) days of receipt of the same.
Art. 18 - Annexes
- They are considered an integral part of this contract, intended here with equal effectiveness, the following attachments:
- any F.A.Q. and information pages on the site;
- individual orders placed by the buyer (from the signing of the contract);
- modules and instructions for withdrawal.
- Any disability of an attachment will not involve effect towards the other attachments and the general contract in question here.