Terms
Conditions
Contacts
Introduction
The offer of this online shop is made by the company Sallemi Raffaele s.a.s.
In accordance with the applicable rules on electronic commerce and distance contracts.
Company details:
Sallemi Raffaele s.a.s.
Via Piave 1, 97013 Comiso (RG), Italy
Tel: 0932 963424
VAT no. 00903620888
E-mail: frantoiosallemi@gmail.com
The Customer declares that they have read all of the above information and general conditions of sale before placing the order.
General Conditions of Sale
These general conditions of sale (the “General Conditions”) govern the terms and conditions for the sale of the products marketed by Frantoio Sallemi (the “Products”).
All contracts for the sale of Products by Frantoio Sallemi to third parties (the “Customers”) are governed by these General Conditions, which form an integral and essential part of every proposal, order and order confirmation for the purchase of the Products. The conditions of sale applicable to orders are those in force on the date of the order itself.
1. Products: prices and characteristics
Unless otherwise indicated, the prices of the Products published on the website by Frantoio Sallemi are expressed in Euro and are to be understood as inclusive of VAT.
The price guaranteed to the buyer is the one published on the Website at the time the order is submitted. The price established at the time of purchase is fixed and final.
The prices of the Products published from time to time by Frantoio Sallemi on the website cancel and replace the previous ones and are subject to the actual availability of the Products.
Product images are indicative and not binding.
The Customer is responsible for the choice of the Products ordered.
2. Orders – invoicing
Each order for Products submitted to Frantoio Sallemi constitutes a contractual proposal by the Customer. The fulfilment of the order by Frantoio Sallemi is equivalent to confirmation and acceptance of it.
The tax documentation relating to the Products ordered will be issued by Frantoio Sallemi at the time the Products are shipped to the Customer.
An invoice will be issued by Frantoio Sallemi; the Customer must provide the exact details required for invoicing and specify the address to which the invoice is to be sent.
3. Order fulfilment
The order will be fulfilled within the terms specified on the Website.
As a rule, deliveries take place within 7 working days for Italy and 15 working days for European destinations for all Products indicated as “available”.
In the event of non-fulfilment of the order by Frantoio Sallemi (where this is due to the unavailability of the Products ordered by the Customer), Frantoio Sallemi will inform the Customer as soon as possible of the expected delivery times for restocking the missing Product.
If the Customer does not wish to wait for such time, which in any case shall not exceed 30 working days, Frantoio Sallemi will refund any sums already paid by the Customer for the supply that was not fulfilled.
In the event that stock is depleted or the ordered Product is unavailable, Frantoio Sallemi undertakes to inform the Customer as soon as possible and to specify a timeframe for availability.
The Customer will confirm their choice by e-mail, namely whether to wait for the Product to become available or to request a refund.
4. Order acceptance
The contract will be concluded only at the time the order is confirmed by Frantoio Sallemi.
The Customer will receive by e-mail an acknowledgement of receipt containing confirmation of the order with all the constituent elements of the contract (products ordered, prices, delivery dates, shipping costs, etc.)
Frantoio Sallemi reserves the right not to confirm an order for any reason, in particular relating to a problem with the supply of Products, or a problem concerning the order received.
5. Delivery of the Products
The Products are delivered to the address indicated by the Customer.
Shipments will take place after confirmation of payment has been received; for bank transfers, the crediting of our bank account is conclusive, while for payment by credit card, confirmation of the completed transaction by the circuit is conclusive.
For our shipments we rely on the services of qualified express couriers such as SDA and DHL.
Rates for Italy: variable according to weight.
Rates for abroad: variable according to weight.
Rates for USA and Canada: variable according to weight.
Delivery Times
As a rule, deliveries take place within 7 working days for Italy and 15 working days for European destinations, only for products available in stock. The shipping times indicated on the website, although carefully assessed, are to be understood as non-binding for Frantoio Sallemi, which may subsequently confirm or amend 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 among the items in the order. Any delivery delays of less than 30 (thirty) days do not entitle the Customer to refuse delivery of the Products, nor to claim compensation or indemnities of any kind.
Frantoio Sallemi has the right, where it deems it appropriate, to carry out the delivery of the Products (including those relating to a single order) in several successive deliveries.
Delivery is deemed to have been carried out 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, shall constitute proof regarding the transport and release of the goods.
It is important to know that:
Upon delivery, the Customer must check the contents, conformity and condition of the Product(s). Therefore, upon delivery, Frantoio Sallemi recommends that the Customer check the condition of the Products delivered before signing the acknowledgement of receipt, 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, wet or otherwise altered, and to check the integrity of the contents.
If the Customer notices any anomalies, they must refuse delivery of the products or set out their reservations in writing, in detail and dated. Such 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 shall be sent to Frantoio Sallemi.
If the carrier’s document is signed without noting any “reservation”, the Customer may not 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.
Frantoio Sallemi has the right, at its sole discretion, to carry out delivery of the ordered Products by means of a carrier of its choice.
Unless otherwise indicated, all deliveries are made at street level.
Special delivery conditions and terms must be agreed in advance between the Customer and Frantoio Sallemi and accepted in writing by Frantoio Sallemi.
6. Collection of products in the Customer’s absence
If the recipient is absent during delivery, the carrier will leave a delivery notice at the delivery address indicated by the Customer. The Products must be collected at the address and in the manner indicated by the carrier.
In the event of failure to collect within the deadline set by the carrier, the Products will be returned to Frantoio Sallemi, 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 concerning the Product, the Customer undertakes to return the Product(s) concerned to Frantoio Sallemi within 7 (seven) days of receipt, provided they are returned with the packaging closed, in their original condition and packaging, together with the accompanying documents.
Once the Product has been received correctly and in proper condition, Frantoio Sallemi will resend, at its own expense, the Product originally ordered.
7. Force majeure
The following cases are expressly deemed to be cases of force majeure, in addition to those normally recognised by case law:
– total or partial strikes, internal or external to the company, blockage of means of transport or supply for any reason, governmental or legal restrictions, IT failures, disruption of telecommunications including networks and in particular the internet.
In the event of force majeure, the fulfilment of the order will initially be suspended, as of right.
If, after a period of 3 (three) months, the parties find that the case of force majeure persists, the order will be automatically cancelled, unless otherwise agreed by both parties.
8. Right of Withdrawal
8.1 Nature of the Products and exclusion of the right of withdrawal. The Products sold by Frantoio Sallemi are food products supplied in sealed packaging (olive oil and derivatives). Pursuant to Article 59 of the Italian Consumer Code (Legislative Decree No. 206 of 6 September 2005), the right of withdrawal is excluded, among other cases, for: the supply of sealed goods which are not suitable for return for reasons of hygiene or health protection and which were opened after delivery (letter f); the supply of goods liable to deteriorate or expire rapidly (letter e); the supply of goods made to the customer’s specifications or clearly personalised, that is, produced at the Customer’s specific request (letter d). As these are sealed food products, Frantoio Sallemi does not accept returns and does not issue refunds on account of a change of mind, a change of choice or the Customer’s dissatisfaction.
8.2 Scope of application. The right of withdrawal provided for by the Consumer Code applies solely to the Customer acting as a “consumer”, that is, for purposes unrelated to any entrepreneurial, commercial or professional activity carried out. The right of withdrawal does not apply to Customers purchasing in the course of their professional activity.
8.3 Exception: defective, non-conforming or damaged Products. The exclusion set out in Article 8.1 does not affect the Customer’s rights in the event of a Product that is defective, not conforming to the order, or damaged at the time of delivery. In such cases the Customer is entitled, depending on the circumstances, to the replacement of the Product or to a refund of the amount paid, in accordance with the legal guarantee of conformity and with these General Conditions.
8.4 Procedure for reporting defective or non-conforming Products. A Customer who receives a defective or non-conforming Product must report it to Frantoio Sallemi, at the address frantoiosallemi@gmail.com, no later than [3] days from receipt, enclosing the order number and suitable photographic documentation of the Product and of the packaging. Frantoio Sallemi will assess the report and, if the outcome is positive, will authorise the return of the Product and will provide, at its own discretion, for its replacement or for a refund. Returns that have not been authorised in advance will not be accepted, nor will parcels sent cash on delivery.
8.5 Damage arising from transport. In the event that the packaging is damaged, tampered with or wet at the time of delivery, the Customer is required to follow the provisions of Article 5 (noting a reservation on the carrier’s document and promptly notifying Frantoio Sallemi). Failure to note a reservation with the carrier may prejudice the right to a refund or replacement for transport damage.
8.6 Refund method. Where a refund is due pursuant to Article 8.3, it will be made by Frantoio Sallemi as soon as possible, using the same means of payment used by the Customer for the purchase, unless otherwise agreed between the parties.
9. Payment
Payment of the consideration for the order is due from the moment the order is placed.
The Customer undertakes to pay the agreed price for the Product ordered on the Website (the price of the Products and of transport) as well as to pay, or have paid, if necessary and directly to the courier or carrier, the VAT or other taxes relating to the importation of the Products into the countries where delivery will take place.
The accepted forms of payment are: credit card.
The Customer guarantees to Frantoio Sallemi that they hold any authorisations necessary to use the card payment method when placing the order.
For all countries where customs duties apply, these are to be borne by the buyer. Payment of such duties is a necessary condition for the delivery of the product ordered and purchased on the website.
10. Non-payment – Retention of title
The ordered Products remain the property of Frantoio Sallemi until full and final payment of their price (pursuant to Articles 1523 et seq. of the Italian Civil Code).
Frantoio Sallemi reserves the right to reclaim the ordered Products in the event of non-payment.
11. Complaints
Complaints regarding the non-conformity of the Product(s) delivered with the order must be submitted in writing directly to Frantoio Sallemi, immediately after receipt of the goods.
The Customer must keep the original packaging and the delivery document.
12. Personal information
The computerised processing of information, including the management of the e-mail addresses of website users, is carried out in accordance with the provisions of law.
The personal information requested from the Customer is essential for the processing and forwarding of orders, the creation of invoices and any warranty contracts.
For this purpose, such information may be communicated to Frantoio Sallemi’s contractual partners.
The Customer may object to such communication and, in accordance with the law, may exercise the right of access, modification, rectification and deletion of the data concerning them by contacting Sallemi Raffaele s.a.s., Via Piave 12, 97013 Comiso RG, Italy. To prevent any attempt at fraud, Frantoio Sallemi may ask you for proof of your identity and your place of residence.
13. Electronic signature
The “validation click” constitutes an electronic signature.
This electronic signature has, between the parties, the same value as a handwritten signature.
14. No waiver
The fact that Frantoio Sallemi does not enforce a breach by the Customer of any of its obligations may not be interpreted as a waiver of the obligation in question or of the possibility of enforcing that breach at a later time.
15. Entire agreement
These general conditions of sale constitute the entirety of the parties’ obligations.
No other general or particular condition communicated by the Customer may be incorporated into or derogate from these general conditions.
16. Intellectual property
Frantoio Sallemi is the holder of the intellectual property rights of the Website and of the right to disseminate the elements contained in the online shop’s catalogue; consequently, the partial or total reproduction, on any type of medium, of the elements that make up the Website and the catalogue, their use as well as their transfer to third parties are strictly prohibited.
17. Invalidity
Should one or more provisions of these general conditions be deemed invalid or declared as such pursuant to a law or regulation, or following a final decision taken by a court of competent jurisdiction, the other provisions shall retain their full force and value.
18. Place of jurisdiction
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 Article 3 of the Italian Consumer Code, Legislative Decree No. 206 of 6 September 2005), any dispute in any way connected with these General Conditions shall be referred to the exclusive jurisdiction of the Court of Ragusa.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Customer declares that they have carefully read, understood and specifically accept the following clauses of the Frantoio Sallemi General Conditions of sale: 1 – 2 – 3 – 4 – 5 – 6 – 7 – 8 (8.1 – 8.2 – 8.3 – 8.4 – 8.5 – 8.6) – 9 – 10 – 11 – 12 – 13 – 14 – 15 – 16 – 17 – 18.


