GENERAL TERMS AND CONDITIONS OF SALE
The following General Conditions of Sale discipline the offering and sale of products on the website www.farchioni1780.com (“Website”) between FARCHIONI OLII SPA, VAT code 00522110543, Companies Register no. 114989 (hereafter “Farchioni” or “Company”) and the end consumer (hereafter “Customer”).
2. General information
On the basis of the orders placed by the Customer and duly received and accepted by the Company, under this contract “Farchioni” transfers or undertakes to transfer ownership of said goods to the Customer and the latter pays or undertakes to pay the price for them. Goods may be purchased in the following ways:
Products to be purchased are presented on the website (Internet), via e-mail, in printed and digital catalogues, by post (paper), phone and TV. “Farchioni” serves the end consumer, who receives the products on sale. Purchasers with a VAT code who want an invoice must state such intention and provide all the data upon placing the order. e-commerce activities are carried out exclusively with end users of legal drinking age. To make a purchase it is therefore necessary to specify to be of legal drinking age. Products will remain the property of “Farchioni” until the customer pays the purchase price and any shipment expenses or extra costs, as indicated in the purchase order and in the manner set forth in the following section.
3. How to order – contract of sale
Orders may be made via the channels indicated in section 2 above. In the case of the Website, the customer selects the products or offers, which are automatically put in the cart. To confirm their purchases, the customer accesses the cart session by clicking the “cart” button and filling in the order form that appears on the screen and whose content (products or errors) can be modified by the customer at any time before closing the order. Together with the content of the cart, the customer will see the amount to pay, which will be automatically updated if the customer changes the selected products or quantities. By clicking on the relevant button the customer proceeds to fill in the form with the information needed for invoicing (if requested), payment and delivery. Before final confirmation, the cart with the relative amount to pay will be displayed again. The contract of sale will only be deemed finalized when the customer has accepted the conditions of sale provided for by the contract by clicking the “I confirm the order” button. If the customer does not confirm acceptance of the contract of sale by clicking the “I confirm the order” button, the contract of sale will not be deemed finalized. No payment will be due and the customer will not receive the products selected. ”Farchioni” will in any case send the customer an email summarising the order and its status (pursuant to art. 13, legislative decree 70/2003) containing the following information: a list of the general and particular conditions applicable to the contract, information on the key characteristics of the goods or service, detailed indications of the price and payment methods, a detailed indication of right of withdrawal, delivery costs and applied taxes. If the product presented on the website is no longer available or on sale after transmission of the purchase order and simultaneous payment, “Farchioni” will promptly inform the customer of the unavailability of the product and contact the customer to agree on an alternative: 1) replacement with another product of the same value, subject to the sending of the duly signed “confirm replacement” form, or 2) refunding of the price paid, which “Farchioni” will do within 5 (five) days. It is not possible to replace a purchased product with another one without extra costs. In the case of promotional offers the customer may purchase one or more single items on offer.
4. Description of products, characteristics and prices
Products are presented and described on the website, in specific offers online and in promotional emails which may contain links. The prices of the goods presented are stated in euros and include VAT. The duration of any promotions or offers is indicated next to the product or offer to which it refers, as are the prices applied. Exclusive offers or “flash sales” of products published on the website or sent by email are of limited duration (which is always indicated) and are valid until stocks are exhausted. The date of expiry of the offers is indicated on the website and communicated to the customer if registered. Any accessory expenses, if provided for, are indicated next to the product to which they are applied. An article within a promotional offer that has gone out of stock will be replaced with an alternative article of the same value. If a whole pack or most of the products ordered go out of stock, ”Farchioni” will contact the customer.
5. Shipment expenses
A contribution towards shipment is required and the amount varies with the number of bottles and the weight or the destination of the goods. The amount of shipment expenses is always indicated and visible during the purchase process. Shipment expenses and any other extra costs (including VAT) will be expressly and separately indicated in the order form (in euros/€) before the User transmits it and in the e-mail of acceptance of the order by “Farchioni”. The price of the products published on the Website may be modified without notice but the price debited to the User will be as was indicated on the product sheet when the User transmitted the order. In the case of bulky or particularly valuable packs, the customer may be required to pay a packaging charge, the amount of which varies with the product to deliver and is in any case clearly indicated in the documentation – paper or digital – that makes it possible to close the order.
6. Means of payment
Means accepted: (i) CartaSì, MasterCard and Visa credit cards, (ii) PayPal. “Farchioni” will not make any charge on Customers for using the aforementioned payment cards or, in certain expressly established and communicated cases, any tariffs in excess of those sustained by “Farchioni” itself. The payment card issuer credits payments back to the Customer in the case of debiting in excess of the agreed price or fraudulent use of the Customer’s payment card by “Farchioni” or a 3rd party. The payment card issuer is entitled to debit any amounts credited back to the customer to “Farchioni”. If the customer’s payment is rejected for any reason, “Farchioni” will reject the relative customer purchase order and notify the customer thereof by e-mail. The debiting of the amount due as per the purchase order transmitted by the customer and accepted by “Farchioni” is carried out at the end of the purchase procedure but only after verification of the data on the credit card used by the customer and issue of authorization to debit on the part of the issuer of the credit card used by the customer.
7. Terms of delivery and responsibility
The order processing flow is managed with care and tit is not istantaneous. ”Farchioni” undertakes to deliver ordered goods in Italy within 5 (five) business days and 10 (ten) business days abroad for orders closed with digital payment (credit card, Paypal). Delivery is deemed made when the ordered goods come into the possession of the customer or person assigned by the customer to withdraw them. If said terms cannot be met (eg. the products aren’t in stock), “Farchioni” undertakes to inform the customer in the quickest possible way and state when the goods can be delivered.
8. Goods damaged on delivery
If goods delivered by the carrier are damaged, broken or stained by leakage of product, the customer must reject the shipment and specify the reasons on the carrier’s delivery form. “Farchioni” will bear the carrier’s cost of returning the shipment. If a shipment contains a number of items not all of which are damaged, the customer is entitled to refuse to accept the delivery or in any case reject the shipment of only the damaged pack and sign the carrier’s delivery form with the wording “with reservation” and indicate the number of damaged and returned items. “Farchioni will bear the carrier’s cost of returning the shipment without any extra charge to the customer. “Farchioni” will replace damaged products with no cost to the customer within 15 (fifteen) business days of delivery. Should the product to replace be out of stock, “Farchioni” will promptly inform the customer and agree to replace it with another product of the same value, subject to transmission of the duly signed “confirm replacement” form, or refund the price paid, which “Farchioni” will do within 5 (five) business days. Shipment expenses for returning the damaged pack to “Farchioni”, delivery of the replacement goods to the customer and any price refund costs are charged to “Farchioni”.
9. Defective products and non-compliant products
If the customer finds a defect in the product or products delivered to them, the customer must promptly report the event to the email address firstname.lastname@example.org, in a message specifying the problem found, name and surname, order number and detailed description of the defect found, and attaching photographs, and put the allegedly defective product at “Farchioni’s” disposal. “Farchioni” will verify the defects reported by the customer, which, if ascertained, will entitle the customer to replacement of the product or products following a notice of authorization sent to the customer’s e-mail address. Within 3 (three) days of receipt of said written authorization from “Farchioni”, the customer must send the products back to “Farchioni”, if possible in their original packaging and using the carrier indicated by “Farchioni” in the authorization notice. “Farchioni” replaces the defective product or products at its own expense and pays the cost of returning the goods. If the products initially requested by the customer have gone out of stock, “Farchioni” will refund the amount paid by the User as soon as possible and in any case within 3 (three) days of receipt of the notice of authorization from “Farchioni”. If the User receives from the carrier a pack damaged or stained by leakage from damaged bottles, “Farchioni” invites the customer to reject the shipment. In this case, ”Farchioni” handles the return of the shipment. All the expenses for the return of the damaged pack and subsequent expenses for a new delivery of the product as quickly as possible will obviously be sustained by “Farchioni”.
10. Unrequested supplies
“Farchioni” will not deliver any supplies other than those agreed to, even if of equivalent or higher value or quality unless the Customer gives their consent prior to or upon closing the contract. If the customer receives an unrequested supply, they must notify Farchioni ‘s Customer Service (tel. +39 074292951) so that “Farchioni” can arrange for withdrawal of said supply and refunding of any amounts already paid.
11. Right of withdrawal
Although art. 52, legislative decree 21/2014 entitles the Customer to exercise their right of withdrawal (ie. the right to return the goods for any reason, without stating why and without incurring any charges) within 14 (fourteen) days from delivery of the goods, “Farchioni” allows the Customer 30 (thirty) days from delivery of the goods. The customer may therefore exercise their right of withdrawal – by simply informing “Farchioni” of the fact – within 30 (thirty) days of coming into possession of the ordered goods. In compliance with the provisions of article 59, lett. c), d), e) of the Consumer Code, the Consumer Customer can not exercise the right of withdrawal for: Products made to measure or clearly personalized; Products that risk to deteriorate or alter rapidly; Sealed products that do not lend themselves to being returned for hygienic reasons or related to health protection and have been opened after delivery. Right of withdrawal may be exercised by submitting any kind of explicit declaration of their decision to withdraw from the contract, via e-mail to email@example.com, or ordinary post (Farchioni Olii spa, Via Madonna del Puglia, 1 06035 Gualdo Cattaneo – Perugia – Italia – Cortese Attenzione Servizio Customers Farchioni). To exercise right of withdrawal the customer can use the following template (reproduced here as required by current law).
12. Exclusion of responsibility in events of force majeure
“Farchioni” may under no circumstances be held liable for non-fulfilment of any of its obligations under these General Conditions of Sale if non-fulfilment is caused by chance and/or force majeure, including, by way of mere example, natural catastrophes, acts of terrorism, power supply malfunctioning and/or blackouts.
13. Suspension of service
“Farchioni” reserves the right to temporarily suspend operation of its Website without giving any notice for as long as strictly necessary for the technical intervention necessary and/or advisable for the purpose of improving the quality of the services offered. “Farchioni” may at any time block a User’s access to the service offered on the Website on the grounds of just causes (security or breach of confidentiality or improper use of the Website) and in such cases must promptly inform the User.
14. Legal guarantee
Objects and accessories that may accompany offers are guaranteed for 2 (two) years for any manufacturing or functional defects. Damage due to wear, improper use or incorrect maintenance is excluded from the guarantee. The legal guarantee of conformity protects the customer in cases of purchases of defective products that do not work properly or correspond to the use declared by “Farchioni” or the manufacturer of the goods or to the use for which the goods are normally intended. The customer may exercise their rights regarding legal guarantee of conformity by directly addressing the manufacturer of the goods, even if other than “Farchioni”. If there is a defect of conformity, the customer is entitled to repair or replacement of the defective goods at their discretion and without any charge being applied, except if the remedy requested is impossible or excessively expensive compared to the other different remedies. If replacement or repair is not possible, the customer is in any case entitled to a reduction of the price or a refund in line with the value of the goods against return of the defective product to “Farchioni”. The legal guarantee runs for 2 (two) years from delivery of the goods and must be invoked by the Customer within 2 (two) months of discovering the defect.
All civil law disputes between “Farchioni” and the customer arising from interpretation of the law or from these Conditions will be referred to the Court of Spoleto.
16. Applicable law
These General Conditions of Sale are subject to Italian law and in particular legislative decree 206 (6 September 2005) on consumer rights (with specific reference to the law on distance selling contracts) and legislative decree 70 (9 April 2003) on e-commerce, as applicable. The General Conditions of Sale may be periodically modified in line with market developments and new legislation. All updates and modifications will be published on the Website and “Farchioni” invites customers to periodically consult such updates and modifications.