1. GENERAL INFORMATION
These General Conditions of Sale (GCS) govern the retail sale of food products under the "Olio Pomes" brand carried out in Italy by Eupolii Srl and aimed at customers who purchase products from the site by mail order. For more information on how to purchase, you can consult the "Services" page or the "FAQ" section of the site.
Eupolii Srl invites the Customer to read these GCS, which can be reached from the footer of the site and are made available to the Customer, as well as on the site.
For purchases of products outside Italy and to find out the foreign countries in which it is possible to make purchases, Eupolii Srl invites the Customers to choose the country of interest on the site and to consult the relative Conditions of Sale.
In the interpretation of the General Conditions of Sale, the following terms must be understood in the sense indicated below:
Seller: Eupolii Srl via Nino Sansone 49 – 72017 Ostuni (BR)
Site: the website www.oliopomes.it
Correspondence: postal delivery of the purchased product.
Merchandise/Products: “Olio Pomes” branded food products.
Consumer: natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
Professional: natural or legal person who carries out a commercial, entrepreneurial, craft or professional activity.
Customer/s: Consumer who is of legal age and/or Professional who purchases the goods and to whom these GCS will apply indifferently.
3. OBJECT OF THE CONTRACT
The presentation of the products on the site and in the paper catalogs represents an offer to the public and is aimed at natural persons of legal age and legal persons, excluding those who trade them in the exercise of an entrepreneurial, commercial, craft or professional activity .
The characteristics of the products are indicated and described on the site and in the printed catalogues.
The images inserted on the site and/or in the paper catalogs describing the products have an illustrative purpose, are purely indicative and do not constitute a contractual element.
The sending of the order will be considered as a contractual purchase proposal addressed by the Customer to Eupolii Srl for the selected products, each considered individually.
The Customer accepts that together with sending the order, he/she could receive, at the email address possibly indicated, a notice of taking charge of the order containing its summary, the agreed price and all the information required by law and, subsequently, via email or via sms (if the customer has provided us with these contact details) the messages containing the notice of shipment and scheduling of the delivery of the products ordered. Receipt of messages does not constitute acceptance of the purchase offer.
In any case, the customer will receive written confirmation of all the information upon delivery of the goods.
Only upon delivery of the shipment will the remote sales contract (hereinafter, the "Contract") be considered concluded pursuant to art. 50 et seq. of Legislative Decree 6 September 2005, n. 206.
4. APPLICABLE LAW
The Contract is governed by these GCS as well as, as applicable, by the provisions of Legislative Decree 6 September 2005, n. 206 (hereinafter, "Consumer Code") and subsequent amendments. and for sale on the website of Legislative Decree no. 70/2003 and subsequent amendments, where applicable, as well as by the provisions of the Civil Code, for what is not already expressly provided herein.
5. CANCELLATION OF ORDERS
The Customer may cancel the order until it has been prepared for the shipping process. In this case no cost will be charged. Without prejudice to the right of withdrawal under the terms and conditions indicated in the appropriate paragraph 13.
The Customer can proceed with the cancellation by writing to email@example.com
6. PRICES AND SHIPPING COSTS
The prices shown are inclusive of VAT, containers and packaging. There could be price differences between the products listed in the paper catalogs and those presented on the website www.oliopomes.it and/or in the offers reserved for Professionals.
Prices may vary, both up and down. Eupolii Srl invites the Customer to check the price indicated before placing the order.
If, due to misunderstandings or other inconveniences attributable to the functioning of the computer systems, a price different from the actual one is indicated by mistake, Eupolii Srl will promptly contact the Customer to check whether he still wishes to purchase the product at the correct price or cancel the order. .
Delivery to the address indicated by the Customer is included in the displayed price.
7. TERMS OF PAYMENT
The payment methods for the order that the Customer can use, regardless of the channel through which the purchase is made, are:
- Electronic tools to be indicated when ordering: Credit Cards, PayPal, Amazon Pay, Apple Pay (only from Apple devices). Eupolii Srl uses the Banca Sella banking gateway for all electronic payments. Credit cards issued by any bank can be used, provided they belong to authorized circuits. With the use of these tools, the payment manager may request a payment authorization from the issuing bank to verify the validity of the payment method, for which the Customer's bank may block the amount equal to the amount of the order until the transaction will not be processed or until the authorization expires. In the event of anomalies or irregularities resulting from the authorization and/or payment, Eupolii Srl reserves the right not to accept the order and/or to terminate any concluded contract without the Customer having the right to compensation for any damages or to assert other claims.
- Bank transfer only for Legal Persons/Professionals (B2B customers)
Eupolii Srl is exempt from the obligation to issue an invoice to Consumers according to article 22 of Presidential Decree n. 633/72, the art. 2, lit. oo), of the Presidential Decree of 21 December 1996 n. 696 and article 1, paragraph 1, lett. a) of the Ministerial Decree of 10 May 2019. However, there is an obligation towards the Professional.
Customers who purchase through the site and need an invoice must request it when ordering.
9. CUSTOMER'S OBLIGATIONS AND RESPONSIBILITIES
The Customer undertakes to release the information necessary for the delivery of the goods in a complete, truthful and correct manner during the order phase and not to place orders in such a way as to cause or could cause interruptions, damages or malfunctions to the activities of Eupolii Srl, or for fraudulent purposes, or in any case to commit illegal activities, or to disturb or damage Eupolii Srl or third parties. In such cases, the order may be cancelled, the personal account of the person who placed the order blocked and possibly the competent authorities may be informed.
The Customer registered on the site undertakes to diligently keep the site access credentials and is solely responsible for all the activities carried out in the name of his account.
The Customer is solely responsible for the declarations made during registration on the site, or when ordering and for any errors reported in the information necessary for the correct delivery of the goods. Therefore, Eupolii Srl is not responsible for non-delivery of the purchased goods caused by errors by the Customer in indicating the shipping address.
10. METHOD OF DELIVERY
Eupolii Srl delivers directly to the address indicated by the Customer at the time of the order; the ordered goods therefore travel completely at the risk of Eupolii Srl
The verification of the integrity of the shipment of the goods is the responsibility of the Customer upon delivery of the same. The Customer will therefore have to check the integrity of the packages and the quantitative and qualitative correspondence of the products.
In the event of any damage or shortages, the Customer must promptly notify the courier. In such cases, Eupolii Srl invites the Customer to refuse the delivery.
Acceptance of the goods without the Customer having made a complaint or reservation to the courier which must be noted in the transport document is equivalent to acknowledgment of the conformity of the delivery of the goods purchased in terms of quantity and quality. Without prejudice to the right of withdrawal under the terms and conditions indicated in the appropriate paragraph 13.
Depending on the destination area of the goods, deliveries may take place within a period of time which varies, barring setbacks, from 2 to 15 days from receipt of the order. Eupolii Srl asks the Customer to consider that the estimated times for sending and delivering the products are purely indicative and cannot be totally relied upon. In the case of bank transfer, the shipment will take place as soon as the crediting to the current account of Eupolii Srl has been verified. For this reason, it may take a few more working days.
Couriers are not authorized to leave purchased goods unattended. Therefore, when ordering, the Customer is requested to make notes on the delivery preferences.
11. DELIVERY AREAS
Eupolii Srl carries out deliveries throughout the national territory making use, for most regions, of its own distribution system.
12. UNAVAILABILITY OF PRODUCTS
If the products ordered are temporarily unavailable, Eupolii Srl will promptly inform the Customer, without prejudice to the latter's right to renounce the order.
In the event of a negative outcome of the product availability check, the Customer will receive immediate communication by e-mail or - if he has not released an e-mail - by telephone which will be followed by the cancellation of the payment authorization or, if occurred, the full refund of any price already paid by the Customer by bank transfer to the IBAN code which will be communicated by the Customer.
13. RIGHT OF WITHDRAWAL AND "SATISFIED OR REFUNDED" SOLUTION
The Customer has the right to withdraw from the contract and proceed with the return of the goods, provided they are intact and in the same condition in which they were delivered (unless the product was not to his liking), without having to provide any reason or incur any cost within a maximum of 14 working days starting from the date of delivery of the goods. If the Customer is not satisfied with the products received, he can report the problem according to the methods indicated in the "FAQ" by notifying Eupolii Srl or by calling the telephone number 0831 331807 or writing to the address firstname.lastname@example.org. than requested by the Customer, Eupolii Srl guarantees the return according to the "satisfied or refunded" formula. Therefore, in such cases it will replace the product or refund the amount paid.
If a trusted person has been appointed by the Customer to collect the order, the right of withdrawal starts from the day of delivery of the product to the designated person. Eupolii Srl will make the refund by bank transfer to the IBAN code which will be communicated by the Customer.
14. LEGAL GUARANTEE OF CONFORMITY
All products purchased enjoy the legal guarantee.
Eupolii Srl applies the legal guarantee of conformity provided for by articles 128-135 septies of the Consumer Code to the sale of the Products to the Customer. Eupolii Srl is responsible towards the Customer for any lack of conformity of the products sold existing at the time of delivery of the products themselves and which occurs within the term of two years from delivery, except for the shorter term than the date of the minimum term of shelf life or expiry date indicated on the product. The lack of conformity must be reported by the Customer within 2 months from the date on which he discovered the defect. Unless proven otherwise, it is assumed that the lack of conformity that occurs within 1 year of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product (for example because it is perishable or because it expires later short) or with the nature of the lack of conformity (for example, for slight deterioration resulting from wear). In any case, damages and/or anomalies that have been procured by the Customer and do not derive from a lack of conformity are excluded from the legal guarantee. The direct action to assert the defects of the products sold is prescribed in 26 months from the delivery of the products themselves.
In the cases referred to in the previous point, the Customer has the right to restore, without charge, the conformity of the product by replacement, or to a proportional reduction in the price or the termination of the contract according to the provisions of the Consumer Code.
The report of any defects and non-conformities must be sent by the Customer to the contact details of Eupolii Srl indicated in paragraph 13 or on the website, with an indication of the defect and/or non-conformity found, as well as the relative documentation proving the date of purchase. Once this notification has been received, Eupolii Srl will contact the Customer for the use on his part of the legal guarantee within a reasonable time, taking into account the type of product, the nature of the defect and the possibility of replacing it. If the lack of conformity can be remedied by replacement, Eupolii Srl will promptly notify the Customer of the methods and timing for the collection of the goods, which will take place, in any case, at no cost to the Customer.
Without prejudice to complaints of non-compliance, for any report, complaint or request for information, you can directly contact the address: email@example.com possibly quoting the order number assigned at the conclusion of the order indicated in the order confirmation sent by e-mail, if received.
Eupolii Srl informs the Customer that the European Commission provides a platform for alternative out-of-court dispute resolution, accessible on the website http://ec.europa.eu/odr. Through the ODR platform, the Customer can send a complaint by activating the online dispute resolution procedure. The Seller's e-mail address to be included in the complaint is: firstname.lastname@example.org. If the attempt at amicable settlement fails, the dispute will be referred to the Judicial Authority of the Court of residence or domicile of the Customer which has exclusive and mandatory territorial jurisdiction.
16. PROTECTION OF MINORS
Minors under the age of 18 are not authorized, unless supervised by an adult family member, to place orders using the online order form.
Eupolii Srl assumes no responsibility for any untrue declarations on age that may be made during the purchase of the products.
17. INTELLECTUAL PROPERTY
Eupolii Srl has all the broadest intellectual property rights on the Site, on the "Olio Pomes" brand and on the contents and materials published therein (domain names, trademarks, texts, images, etc.).
It is not permitted to systematically extract and/or reuse, modify, transfer even with mining tools, robots or Artificial Intelligence, parts of the material and/or contents of the Site and/or paper catalogs without the prior and express written consent of Eupolii Ltd.
18. APPLICABLE LAW AND JURISDICTION
These GCS are regulated and must be interpreted in accordance with Italian law.
The language in which the Contract is concluded is Italian. In case of conflict between any versions of the General Conditions prepared in a language other than Italian (intended for other territorial areas) and accepted by the Customer, the meaning and interpretation of these GCS prevail in any case.
For any controversy deriving from the interpretation of these GCS or from their execution or concerning the termination of this remote sales contract pursuant to art. 63 of the Consumer Code, the mandatory territorial jurisdiction lies with the judge of the place of residence or domicile of the Customer, if located in Italy.
19. CHANGES OR CHANGES TO TERMS
Eupolii Srl reserves the right to modify the Site, the catalogs and these General Conditions of Sale at any time to offer new products or services, or to comply with provisions of the law or regulations.
The Customer will be subject to the policies and terms of the GCS in force from time to time when ordering the products, unless any modifications are required by the applicable law or by the competent authorities (in the latter case, the modifications must also apply to the previously placed orders).
Should a provision of these GCS be wholly or partially invalid, void and/or ineffective, or for any reason unenforceable, the remaining provisions of the GCS will remain valid and effective in any case.
For anything not expressly provided for in these GCS, the provisions of Italian law in force apply.
20. PROTECTION OF PERSONAL DATA