The following General Terms and Conditions of Sale regulate the offer and sale of products on the website www.farchioni1780.com ("Site") between FARCHIONI OLII SPA, P.IVA 00522110543 registration Registro Imprese n. 114989 di (hereinafter: "Farchioni" or "Company") - and the final consumer (hereinafter: "Customer").
2. General information
As a result of the orders formulated by the Customer and duly received and accepted by the Company with this contract "Farchioni" transfers or undertakes to transfer the ownership of said goods to the Customer and the latter pays or undertakes to pay the price thereof.
The purchase of goods may be made through the following methods:
The products to be purchased are presented on the Internet site, via e-mail, in printed or electronic catalogs, via paper mail, via telephone, via television channel. "Farchioni" serves the final consumer, who receives the products for sale. Subjects with VAT number who wish to have invoice must make a request for it, indicating all the data at the time of ordering.
E-commerce activity is aimed exclusively at end users of age. Therefore, in order to proceed with the purchase, it is necessary to declare that you are of legal age.
The products will remain the property of "Farchioni" until the customer has paid the purchase price, any shipping costs and any other additional costs, as indicated in the purchase order and in the manner set out in the following point.
3. How to order - sales contract
The order can be placed through the channels indicated in point 2 above.
In particular, in the case of using the channel represented by the Website, the customer selects products or offers that are automatically placed in the shopping cart. To confirm his purchases, the customer accesses the cart session by clicking the "CART" button and fills in the order form that appears on the screen and whose contents (products or errors) can be changed by the customer at any time before the order is concluded. Along with the contents of the shopping cart, the customer will display the relevant amount to be paid, which will be automatically updated if the customer changes the selected products or quantities.
By clicking on the relevant button, the customer will continue and fill in the form with the necessary information for invoicing (if required), payment and delivery.
Before final confirmation, the shopping cart will be displayed again with the relevant amount to be paid.
The sales contract will be considered finalized only when the customer has accepted the terms and conditions of the contract by clicking on the "MAKE ORDER" button. If the customer does not proceed to confirm acceptance of the sales contract by selecting the "MAKE ORDER" button, the sales contract will not be deemed to have been completed. No payment will be due and the customer will not receive the selected products. "Farchioni" however, will send the customer an email summarizing the order and its status, in accordance with art. 13 of Legislative Decree 70/2003, containing the following information: a summary of the general and particular conditions applicable to the contract, information relating to the essential characteristics of the good or service, a detailed indication of the price and means of payment, a detailed indication of withdrawal, delivery costs and taxes applied.
If the product presented on the site is no longer available or on sale after sending the purchase order and the simultaneous payment, "Farchioni" will promptly notify the customer of the unavailability of the product and will contact the customer to agree alternatively:
1) replacement with another product of equal value, after sending the "replacement confirmation" form duly signed;
2) refund of the price paid, to which "Farchioni" will provide within 5 (five) days.
It is not possible to replace the purchased product with another without additional costs.
In case of promotional offers, the customer may purchase one or more individual offers.
4. Product descriptions, features and prices
The products are presented and described on the site, in specific online offers and in sales emails that may contain specific links.
The prices of the goods presented are expressed in euros and include VAT. The duration, if any, of promotions and offers is indicated in correspondence with the product or offer to which it refers, as well as the prices applied.
Exclusive offers or "flash sales" of products posted on the site or sent via email have a limited duration always indicated and are valid until stocks last. The expiration date of the offers is indicated on the site and communicated to the customer if registered.
Any additional charge, where applicable, is reported in correspondence with the product to which it is applied.
The replacement of an out-of-stock item within a promotional offer will be made with an alternative item of the same value; in the case of the exhaustion of an entire package or of most of the products ordered, "Farchioni" will contact the customer.
5. Shipping costs
A shipping fee is required and the amount varies depending on the number of bottles, weight or destination of the goods. The amount of shipping costs is always indicated and visible at the time of the purchase process.
The shipping costs and any other additional costs, including VAT and expressed in Euro (€), will be expressly and separately indicated in the order form before the User proceeds to its transmission, as well as in the e-mail of acceptance of the order by "Farchioni". The price of the products published on the Website may be changed without notice, it being understood that the price charged to the User shall be the one indicated on the product sheet at the time the order is sent by the User.
For bulky packages or for particular value of the goods transported, a packing fee may be required, the amount of which varies according to the product to be delivered and, in any case, is clearly indicated in the documentation - paper or electronic - that allows the order to be finalized.
6. Payment Methods
The following are accepted: (i) CartaSì, MasterCard, Visa credit cards.
It is specified that "Farchioni" shall not impose on Clients, in relation to the aforementioned payment cards, charges for their use, or in the cases expressly established and communicated, charges that exceed those incurred by "Farchioni" itself. The payment card issuing institution shall re-credit the Customer for payments in the event of charging in excess of the agreed price or in the event of fraudulent use of its payment card by "Farchioni" or a third party. The payment card issuing institution shall have the right to debit "Farchioni" with the sums re-credited to the customer.
If for any cause or reason the customer's payment is refused, "Farchioni" shall refuse the customer's relevant purchase order, notifying the customer by e-mail.
The debit of the amount due, as resulting from the purchase order sent by the customer and accepted by "Farchioni", is made at the end of the purchase procedure only after verification of the data of the credit card used by the customer and the issuing of the debit authorization by the company issuing the credit card used by the customer.
7. Delivery terms and liability
The order fulfillment flow is carefully managed and time consuming. "Farchioni" undertakes to deliver the goods ordered for deliveries in Italy within 5 (five) working days and 10 (ten) working days for deliveries outside Italy for orders concluded with electronic payment (Credit Card).
Delivery is understood to have been made when the goods ordered come into the possession of the customer or of the person he has delegated to collect them. In the event that these terms cannot be met (e.g.: products not in stock), "Farchioni undertakes to notify the customer through the mode that allows the greatest timeliness to warn him and indicate when the goods can be delivered.
8. Damaged goods at the time of delivery
In the event that damaged, broken or stained parcels from the possible spillage of product were delivered by the courier, the customer is obliged to reject the shipment, expressly stating on the courier delivery form the relevant reason. "Farchioni" will be responsible for the return of the shipment through the courier.
In the event that shipment is of several packages and not all of them are damaged, the customer has the right to refuse delivery and reject the shipment of the damaged package only, by signing the courier's delivery form "With Reserve" and indicating the number of damaged and returned packages. "Farchioni" will be responsible for the return of the shipment through the courier, at no additional cost to the customer.
The damaged product will be replaced by "Farchioni" at no cost to the customer, within 15 (fifteen) working days from delivery. If the product to be replaced is out of stock, the customer will be contacted promptly by "Farchioni" to agree alternatively on the replacement with another product of equal value, after sending the "replacement confirmation" form duly signed, the refund of the price paid, to which "Farchioni" will provide within 5 (five) working days.
The shipping costs for the return to "Farchioni" of the damaged package, for the return to the customer of the replacement products and any costs for the refund of the price are borne by "Farchioni".
9. Defective products and non-conforming products
In the event that the customer finds a defect in the product(s) delivered to him/her, the customer is required to promptly notify by filling out the contact form, reporting the problem found and specifying first and last name, order number, detailed description of the defect found, attaching accompanying photographs, as well as to make the product deemed defective available to "Farchioni".
"Farchioni" will verify the defects complained of by the customer, which, if found, will entitle the customer to replacement of the product or products, subject to notification to the customer's e-mail address.
"Farchioni" will replace the defective product or products at its own expense and bear the costs of the return. In the event that the products initially requested by the customer are out of stock, "Farchioni" shall refund the amount paid by the User, as soon as possible and in any case within 3 (three) days from the receipt of the authorization notice from "Farchioni".
Should the User receive from the courier a package damaged or stained by the spillage of product from any damaged bottles, "Farchioni" shall invite the customer to reject the shipment. In such a case, "Farchioni" will take care of the return of the shipment. All costs for the return of the damaged package and the subsequent costs for the possible resending of the product, as soon as possible, are of course borne by "Farchioni".
10. Unsolicited supplies
Unless the Customer's consent, to be expressed before or at the time of the conclusion of the contract, "Farchioni" will not perform any supply other than that agreed upon, even if of equivalent or higher value and quality.
If the Customer receives an unsolicited supply, he must notify Farchioni Customer Service, Tel. +39 074292951 so that "Farchioni" will withdraw said supply and reimburse the Customer for any sum already paid.
11. Right of withdrawal
Although art. 52, d. lgs 21/2014 allows the Customer to exercise the right of withdrawal (i.e. the right to return the goods, for whatever reason and without giving justifications and without any charge to him) after n. 14 (fourteen) days from the delivery of the goods, "Farchioni" grants the Customer the broader term of n. 30 (thirty) days from the delivery of the goods. Therefore, the Customer may exercise the right of withdrawal within n. 30 (thirty) days from taking possession of the ordered goods, simply by giving notice to "Farchioni". In accordance with the provisions of Article 59, lett. c), d), e) of the Consumer Code, the Customer Consumer may not exercise the right of withdrawal for: custom-made or clearly personalized products; products that are likely to deteriorate or alter rapidly; sealed products that are not suitable to be
returned for hygienic reasons or related to the protection of health and have been opened after delivery.
The right of withdrawal can be exercised by submitting any explicit statement of your decision to withdraw from the contract, via contact form, or by regular mail (Farchioni Olii spa, Via Madonna del Puglia, 1 06035 Gualdo Cattaneo - Perugia - Italy - Courtesy Attention Farchioni Customer Service.)
To exercise the right of withdrawal, the customer can download the withdrawal form.
12. Exclusion of liability in case of force majeure
Under no circumstances may "Farchioni" be held liable for non-performance of any of its obligations under these General Terms and Conditions of Sale in the event that the non-performance is caused by unforeseeable circumstances and/or force majeure, including but not limited to natural disasters, acts of terrorism, network malfunctions and/or blackouts.
13. Suspension of service
"Farchioni" reserves the right to temporarily suspend, without any prior notice, the operation of the Site for the time strictly necessary for the technical interventions necessary and/or appropriate to improve the quality of the services offered.
"Farchioni" may, at any time, interrupt access to the service offered on the Site to the User, if justified reasons (security or confidentiality violations or for undue use of the Site) occur, giving timely notice to the User in such case.
14. Legal warranty
Objects and accessories that may accompany the offerings are guaranteed for No. 2 (two) years for any defect in manufacture or operation. Excluded from the warranty are damages due to wear and tear, improper use or improper maintenance.
The legal guarantee of conformity protects the Customer in case of purchase of defective products, which malfunction or do not respond to the use declared by "Farchioni" or the manufacturer of the good or for which that good is generally intended. The Customer may enforce its rights under the legal guarantee of conformity by directly contacting the manufacturer of the good, even if different from "Farchioni". In the presence of a conformity defect, the Customer has the right, at its option, to repair or replacement of the defective good, without charge, unless the remedy requested is impossible or excessively onerous compared to the other. If replacement or repair is not possible, the Customer is still entitled to a price reduction or to have back an amount, commensurate with the value of the good, against the return to "Farchioni" of the defective product. The legal warranty lasts n. 2 (two) years from the delivery of the good and must be asserted by the Customer within n. 2 (two) months from the discovery of the defect.
For any civil dispute between "Farchioni" and the Client dependent on the regulatory interpretation and conditions presented herein, the jurisdiction is that of the Court of Spoleto.
16. Closing standards
These General Terms and Conditions of Sale are governed by Italian law and in particular by Legislative Decree no. 206 of 6 September 2005, on the Consumer Code, with specific reference to the regulations on distance contracts and by Legislative Decree no. 70 of 9 April 2003 concerning electronic commerce, where applicable.
The General Terms and Conditions of Sale may be periodically modified according to the development of the market, as well as in compliance with any legislative updates and changes. Any updates and changes will be regularly published on the Site and "Farchioni" invites the customer to periodically check such updates and changes.
17. Sale of alcoholic products prohibited to those under 18 years of age
According to the Law 08 November 2012 that implemented the Decree Law 13 September 2012 No. 158 the sale of alcoholic products is prohibited to minors of age, therefore the user declares that he/she is of legal age according to the legislation applicable to him/her. The user also declares that, whoever will receive the alcoholic product, will be of legal age according to the legislation applicable to the latter.