Terms of service
This information is provided for the website www.oleificioguccione.it (Site) owned by Oleificio Guccione di Divita Vito e Giuseppe sas, located at Contrada Ponte Biviere snc, Chiaramonte Gulfi 97012 (RG) VAT number 01511350884, Cam.Com. Registration number REA: RG 125458. The products purchased on the Site are offered and sold by Oleificio Guccione di Divita Vito e Giuseppe sas, hereinafter referred to as Oleificio Guccione or Seller, and can be contacted via email at firstname.lastname@example.org.
Article 1 Scope
1.1 These General Sales Conditions apply to all sales made by the Seller on the Site.
1.2 If it is possible on the Site, the inclusion of your tax code when making a purchase implies that you are acting as a Consumer within the meaning of Article 3, paragraph 1, letter a) of the Consumer Code (Legislative Decree September 6, 2005, No. 206). Please note that a Consumer is a natural person who is acting for purposes unrelated to any entrepreneurial, commercial, professional, or artisanal activity that may be carried out. If, on the other hand, it is possible to enter a VAT number (yours or that of a legal entity), this implies a purchase as a "Professional" within the meaning of Article 3, paragraph 1, letter c) of the Consumer Code. A Professional is a natural or legal person who acts in the exercise of their own entrepreneurial, commercial, artisanal, or professional activity, or an intermediary acting on their behalf. The implications of purchasing as a Consumer rather than a Professional will be described further in this document.
1.3 The terms mentioned are to be understood as working days, excluding Saturdays, Sundays, and national holidays. The images and descriptions on the Site are purely indicative. Colors may differ from the actual ones due to the settings of the computer systems or computers used to view them.
1.4 The General Sales Conditions may be modified at any time. Any changes and/or new conditions will be effective from the moment they are published on the Site. Therefore, you are invited to regularly access the Site and consult the most updated version of the General Sales Conditions before making any purchase.
1.5 The applicable General Sales Conditions are those in force at the time of sending the purchase order.
1.6 These General Sales Conditions do not govern the sale of products and/or services by parties other than the Seller that may be present on the Site through links, banners, or other hyperlinks.
1.7 Before engaging in commercial transactions with such parties, it is necessary to verify their sales conditions.
1.8 The Seller is not responsible for the provision of services and/or the sale of products by such parties.
1.9 The Seller does not perform any control and/or monitoring on websites accessible through such links. Therefore, the Seller is not responsible for the content of such sites or for any errors, omissions, or violations of the law by them.
1.10 You are required to carefully read these General Sales Conditions as well as all other information provided by the Seller on the Site, including during the purchase process.
1.11 The Seller shall not be liable under any circumstances to you or any third party for any indirect, incidental, special, or consequential damages. This includes, for example, any loss of profit or other indirect loss resulting from the use of the Site or the inability to use it. The Seller cannot guarantee or assert: (i) that the Site is free from viruses or programs that may damage data; (ii) that the information contained on the Site is accurate, complete, and up to date.
1.12 Unless otherwise agreed with the Seller, it is not possible to place orders by email on the Site. The Seller does not accept orders by phone unless otherwise agreed with the customer.
1.13 All elements of the Site are the property of the Seller or third parties. Without the specific written consent of the Seller, it is prohibited to reproduce, in whole or in part and by any means, distribute, publish, transmit, modify, or sell all or part of the content of the Site.
Art. 2 Purchases on the Site
2.1 To make purchases on the Site, you must follow the procedure provided on the Site itself by entering the required information. The sales contract is concluded when the order reaches the Seller's server.
2.2 You agree to immediately inform the Seller if you suspect or become aware of any misuse or unauthorized disclosure of any information you have entered on the Site.
2.3 You warrant that the personal information provided is complete and accurate, and you agree to indemnify and hold the Seller harmless from any damage, compensation obligation, and/or penalty arising from or in any way connected to the violation of this warranty. You agree to immediately inform the Seller if you suspect or become aware of any misuse or unauthorized disclosure of the access credentials to the Site.
2.4 The Seller reserves the right to refuse orders from users who have previously violated these General Sales Conditions or any legal provisions.
2.5 To place orders on the Site, it is necessary to read and accept these General Sales Conditions by selecting the appropriate checkbox on the purchase process pages. Failure to accept these General Sales Conditions will prevent you from making purchases on the Site.
2.6 The Site allows for the purchase of alcoholic products. The Seller, on the Site or during the purchase process, reserves the right to carry out appropriate checks to verify that the buyer is over 18 years of age. In fact, according to Italian law, the purchase of alcoholic products is prohibited for individuals under 18 years of age.
2.7 On the Site and in communications with customers relating to the Site, the Seller reserves the right to act under its own trade name. Therefore, when the Seller's trade name is used on the Site and/or in communications with customers or when the first-person plural ("We") is used, it refers not only to the Site but also to the Seller.
2.8 Food products are sold on the Site. Before purchasing any food product offered for sale on the Site, please inform the Seller if you have any allergies, intolerances, or food sensitivities. If you fail to make this communication, the Seller is in no way responsible for any damage you may have suffered from purchasing food products on the Site.
2.9 After the purchase, you will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) Seller's details; (ii) characteristics of the purchased product; (iii) purchase price and any taxes; (iv) any additional costs; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) payment method used.
2.10 The colors of the products displayed on the Site are indicative and may vary depending on the resolution of the user's device. The Seller assumes no responsibility if the color of the product differs from what is expected by the user. Users are advised to contact the Seller if they have any doubts about the color of one or more products displayed on the Site.
Art. 3 Product Availability
3.1 The products offered on the Site are limited in quantity. Therefore, it may happen, also due to the possibility that multiple users purchase the same product simultaneously, that the ordered product is no longer available after the transmission of the purchase order.
3.2 Information regarding product availability is provided on the Site.
3.3 You will be informed in case of unavailability of the ordered product. In this case, you will be entitled to terminate the purchase contract. However, please consider that before requesting the termination of the contract, the Seller reserves the right to take the following measures:
- If restocking is not possible, the Seller will provide a different product of equivalent or higher value, subject to payment of the difference, and upon your express acceptance.
- If restocking is possible, the Seller may offer an extended delivery period, indicating the new delivery date.
- The Seller may offer a discount voucher to be used for purchases on the Site. The amount of the discount voucher, the validity period, and any limitations will be communicated by the Seller.
3.4 If a refund is requested for the amount paid for the purchase of products that were later found to be unavailable, the Seller will issue the refund within a maximum of 10 days.
3.5 In case you exercise the right of termination, the contract is terminated. If the payment of the total amount due, including the product price, shipping costs if applicable, and any other additional costs as indicated in the order (Total Amount Due), has already been made, the Seller will refund the Total Amount Due in accordance with the provisions of the "Payment Methods" article below.
3.6 Each product is accompanied by an informative page illustrating its main characteristics (Product Sheet). The images and descriptions on the Site aim to reproduce the product features as accurately as possible. However, the colors of the products may differ from the actual ones due to the settings of the user's computer systems or computers used for viewing. The product images shown on the Product Sheet may also differ in size or in relation to any accessories. These images should be understood as indicative and subject to tolerances. For the purpose of the purchase contract, the product description contained in the order form submitted by the user will prevail. Wine products contain sulfites resulting from the production process itself. However, in some cases, it is possible that no added sulfites are present, and this situation is duly indicated in the Product Sheet.
Art. 4 Prices
4.1 The prices displayed on the Site include VAT.
4.2 Additionally, the prices on the Site do not include the waste electrical and electronic equipment (WEEE) contribution as the products sold are not subject to related regulations.
4.3 The Seller reserves the right to modify the prices of the products at any time without prior notice. However, the price charged to you will be the one indicated on the Site at the time of placing the order, and any subsequent variations (increase or decrease) will not be taken into account.
4.4 The shipping costs for the products are your responsibility for orders below or equal to a specific amount (as indicated on the Site), while shipping is free for higher amounts.
4.5 The Seller will ship the products only after receiving confirmation of payment authorization or after the total amount due has been credited. The ownership of the products will be transferred to you upon shipment, which is considered as the moment of delivery of the product to the carrier. However, the risk of loss or damage to the products, not attributable to the Seller, will be transferred to you when you or a third party designated by you and other than the carrier physically takes possession of the products.
4.6 The purchase contract is conditional upon the non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be subsequently canceled.
4.7 In the event of an error in the price of a product indicated on the Site, the Seller reserves the right to communicate the correct price to the customer even after the conclusion of the purchase order. In this scenario, the customer has the option to accept the new price or terminate the purchase contract. The Seller may also cancel the purchase of the product in such cases. The Seller may also cancel the sale in case of an error in product availability.
4.8 The purchase of gift vouchers does not affect the payment threshold that entitles the user to free shipping of the products once exceeded.
Art. 5 Payment Methods
5.1 This article describes the available payment methods on the Site. Users can find more information in the "Payments" section on the Site, which can be accessed directly from the footer of the Site. The accepted payment methods are: Debit/Credit Cards (VISA, MasterCard, Shopify Payments), Apple Pay, Google Pay, Satispay.
5.2 On the Site, you can make purchases using payment cards. The charge will only be made after (i) the verification of the payment card details used for the payment and (ii) the authorization for the charge is issued by the payment card issuer. In compliance with Directive 2015/2366/EU on payment services in the internal market (PSD2), please note that you may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution responsible for managing the online payment transaction. The authentication criteria refer to the user's identity (to satisfy this criterion, the user must be registered on the Site at the time of the purchase transaction) and the concurrent knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the above-described process may result in the inability to complete the purchase on the Site. The confidential payment card data (card number, cardholder name, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through the Seller's servers. Therefore, the Seller never has access to and does not store, even if you choose to save such data on the Site, the payment card data used for the purchase of the products. The accepted payment cards can be viewed in the footer of the Site and/or during the purchase process.
5.3 Bank transfer is available as a payment method on the Site.
Beneficiary: Oleificio Guccione sas
IBAN: IT 07 L 05036 84440 CC007109035
Reason for Payment: Indicate the order number (ID ORDER)
In the case of payment by bank transfer, the delivery times indicated on the Product Sheet and/or the Site will commence from the date of receipt of the transfer by the Seller and not from the date of order transmission, as is the case when other payment methods are chosen.
Unless otherwise agreed, the Services will only be provided after the receipt of the Total Amount Due via bank transfer.
Please indicate the following information in the transfer reason:
- The order reference number
- The order date
- The name and surname of the order holder if different from the account holder from which the transfer originates.
From the order submission, you must arrange for payment within 2 working days. Failure to do so will result in the Seller's right to cancel the order on the following (1) working day.
5.4 Cash on delivery is not available on the Site, unless otherwise agreed with the Seller.
5.5 If the value of a discount code is lower than the order value, the remaining amount can be completed using the payment methods provided on the Site. Each discount code can only be used for one purchase. In no case can discount vouchers be converted into cash.
5.6 Any alternative payment methods will be described in this article or on the Site.
On the Site, it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as the payment method, you will be redirected to the website www.paypal.com, where you will proceed with the payment according to the procedure provided and governed by PayPal and the terms and conditions of the agreement between you and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Seller. Therefore, the Seller is unable to access or store in any way the payment card data associated with your PayPal account or the data of any other payment instrument connected to that account.
Payment through the Site can also be made using the "Satispay" payment solution. If you choose to pay with Satispay, you will make the payment for the products through the dedicated application ("Satispay App") according to the procedure provided and governed by Satispay Europe S.A. ("Satispay") and the terms and conditions of the agreement between you and Satispay. In the case of payment via Satispay, the Total Amount Due will be charged by
Art. 6 Product Delivery
6.1 Product delivery is available in Italy, Europe, and a selection of foreign countries. You can check the possibility of shipping to a specific country directly during the checkout process, where the shipping fee will be calculated based on the selected geographical area, volume, and weight of the order.
6.2 The delivery obligation is fulfilled by transferring the material availability or control of the product to you.
6.3 Delivery time for the products from the order dispatch: 7 days.
6.4 The term mentioned in Art. 6.3 is indicative and not binding. Therefore, the Seller reserves the right to deliver the products within 30 days from the order dispatch. It is your responsibility to check the conditions of the delivered product. While the risk of loss or damage to the product, not attributable to the Seller, is transferred when you or a third party designated by you and other than the carrier physically takes possession of the product, the Seller recommends that you verify the number of products received and ensure that the packaging is intact, undamaged, not wet, or otherwise altered, including the sealing materials. For your own interest, you are advised to indicate any anomalies on the carrier's transport document and accept the package with specific reservations. In the case of obvious signs of tampering or alteration of the packaging, it is advisable to promptly notify the Seller.
6.5 Regarding the possibility of requesting delivery to a "pick-up point," the Seller informs you that you have the option to pick up the product at a designated pick-up point, based on the options and methods available on the Site and/or during the purchase process, provided this option is available for the selected product. You will be promptly notified when the product is ready for pick-up at your chosen pick-up point. Unless otherwise agreed, if you fail to fulfill the obligation to pick up the product, the purchase contract will be considered terminated. As a result, the order will be canceled, and the Seller will proceed with the refund of the Total Amount Due paid by you, minus the shipping costs. Merely not picking up the product cannot be considered as exercising the right of withdrawal, if applicable, and does not entitle you to a full refund of the amounts paid for the product purchase.
6.6 Upon receipt of the order, you must check the condition of the delivered/collected product. While the risk of loss or damage to the products, not attributable to Oleificio Guccione, is transferred to you when you or a third party designated by you and other than the carrier physically takes possession of the product, it is recommended that you verify the number of products received and ensure that the packaging is intact, undamaged, not wet, or otherwise altered, including the sealing materials. For your own interest, you are advised to indicate any anomalies on the carrier's transport document with SPECIFIC RESERVATION.
Receiving the products without reservations does not allow you to take legal action against the courier and/or Oleificio Guccione in case of loss or damage to the products, except when the loss or damage is due to the courier's willful misconduct or gross negligence, and except for partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is discovered and no later than eight days after receipt. In the case of obvious signs of tampering or alteration of the packaging, you are also recommended to promptly notify email@example.com. However, the rules regarding the right of withdrawal and legal warranty still apply in any case.
Art. 7 Right of Withdrawal
7.1 Please carefully review this article, which governs the right of withdrawal.
7.2 The right of withdrawal is the right of the Consumer to dissolve the purchase contract without being obliged to provide a reason. If you have purchased as a Professional, the right of withdrawal does not apply, except as otherwise agreed with the Seller. Any exceptions to the right of withdrawal are specified in this Article 7. If there are no exceptions to the right of withdrawal, this Article 7 applies in full.
Custom-packaged or clearly personalized goods are sold on the Site. If you act as a Consumer, the following rules regarding the right of withdrawal do not apply by specific legal provision. Otherwise, the Seller would be unable to resell a product specifically made for you.
The products sold on the Site are perishable or expire rapidly. For this reason, the rules regarding the right of withdrawal do not apply since otherwise, the Seller would be unable to resell products that are no longer usable by buyers.
Sealed goods that are not suitable for return due to health or hygiene reasons are sold on the Site. If these goods have been opened after delivery, you lose the right of withdrawal. Therefore, the following rules regarding the right of withdrawal do not apply.
7.3 If you are a Consumer (and unless exceptions apply), you have the right to withdraw from the purchase contract of the product without providing any reason and without incurring costs other than those provided in this article within fourteen calendar days (Withdrawal Period). To exercise the right of withdrawal, you must inform the Seller, before the expiration of the Withdrawal Period, of your decision to withdraw. For this purpose, you can write to the Seller using the contact details provided in the Introduction, or use the contact form, if available on the Site. You have exercised your right of withdrawal within the Withdrawal Period if the communication regarding the exercise of the right of withdrawal is sent by you before the expiration of the Withdrawal Period. Unless otherwise agreed, the direct costs of returning the products are borne by the Consumer, as well as the responsibility for their transport. In the case of exercising the right of withdrawal, the product must be delivered to the Seller's address or the different address communicated by the Seller. The Withdrawal Period expires after 14 days:
- In the case of an order relating to a single product, from the day on which you or a third party other than the carrier and designated by you physically acquire possession of the products;
- In the case of a Multiple Order with separate deliveries, from the day on which you or a third party other than the carrier and designated by you physically acquire possession of the last product; or
- In the case of an order for the delivery of a product consisting of multiple lots or pieces, from the day on which you or a third party other than the carrier and designated by you physically acquire possession of the last lot or piece.
7.4 If the withdrawal is applicable, the Seller will proceed with the refund of the Total Amount Due, including any delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment method used for the initial transaction. If the products have been shipped using a carrier of your choice and at your expense, the Seller may withhold the refund until the products are received or until you provide evidence of having returned the products, whichever occurs first. The Consumer is solely responsible for any decrease in the value of the goods resulting from handling of the product other than what is necessary to establish the nature, characteristics, and functioning of the product. The product must be kept, handled, and inspected with due diligence and returned intact, complete in all its parts, perfectly functional, accompanied by all accessories and instruction sheets, with identification tags, labels, and disposable seals, if any, still attached and intact and not
Art. 8 Legal Warranty of Conformity
8.1 The Legal Warranty of Conformity is applicable to Consumers. Therefore, it only applies to users who have made a purchase on the Site for purposes unrelated to their business, commercial, artisanal, or professional activities, if any.
8.2 The Seller is liable to the Consumer for any lack of conformity of the product that manifests within two years from its delivery. The action to enforce defects not fraudulently concealed by the Seller is, in any case, time-barred within twenty-six months from the delivery of the goods.
8.3 Unless proven otherwise, it is presumed that any lack of conformity that manifests within twelve months from the delivery of the product already existed at that time, unless such a hypothesis is incompatible with the nature of the product or the nature of the lack of conformity. Starting from the twelfth month following the delivery of the product, it will be the Consumer's responsibility to prove that the lack of conformity already existed at the time of delivery.
8.4 In the event of a lack of conformity of the product, the Consumer has the right to have the conformity restored, or to receive a proportionate price reduction, or to terminate the contract according to the conditions established by Article 135-bis and following of the Consumer Code.
8.5 The Seller is not responsible for any damages of any nature arising from the improper use and/or non-compliance with the instructions provided by the manufacturer, as well as damages resulting from force majeure or unforeseeable circumstances.
8.6 If you have made the purchase as a Professional, the previous paragraphs of this article do not apply. In this case, the legal warranty is governed by Articles 1490 and following of the Civil Code; in particular, the term to report any defects is 8 days from the discovery, and the action is time-barred within 1 year from the delivery.
Art. 9 Manufacturer's Warranty
The Manufacturer's Warranty is an additional warranty in addition to the Legal Warranty of Conformity that may be provided by the Seller for the Products. Except as indicated on the Site, the Products sold on the Site are not covered by the Manufacturer's Warranty. However, you can still exercise your rights under the Legal Warranty of Conformity as governed by the previous article.
Art. 10 Applicable Law and Jurisdiction; Out-of-Court Dispute Resolution - Alternative Dispute Resolution/Online Dispute Resolution
10.1 Purchase contracts concluded through the Site are governed by Italian law.
10.2 The application of more favorable and mandatory provisions provided by the law of the country where Consumer users have their habitual residence is reserved.
10.3 It is noted that, in the case of Consumer users, for any disputes relating to the application, execution, and interpretation of this document, the competent court is the one where the user resides or has elected domicile.
10.4 In the case of professional users, for any disputes relating to the application, execution, and interpretation of this document, the competent court is the one where the Seller is located, as provided in the Introduction.
10.5 The Seller informs the user who qualifies as a Consumer that, if they have submitted a complaint directly to the Seller, which has not been resolved, the Seller will provide information regarding the Alternative Dispute Resolution bodies for out-of-court resolution of disputes arising from a contract concluded under these General Terms and Conditions of Sale (ADR bodies), specifying whether or not they intend to use these bodies to resolve the dispute.
10.6 The Seller also informs the user who qualifies as a Consumer that a European platform for online dispute resolution for consumer disputes (the so-called ODR platform) has been established. The ODR platform is available at the following address: http://ec.europa.eu/consumers/odr. Through the ODR platform, the Consumer user can consult the list of ADR bodies, find the link to each body's website, and initiate an online dispute resolution procedure in which they are involved.
10.7 In any case, the Consumer user has the right to bring a legal action before the competent ordinary court for any disputes arising from these General Terms and Conditions of Sale, regardless of the outcome of the out-of-court dispute resolution procedure relating to consumer relations, using the procedures provided for in Part V, Title II-bis of the Consumer Code.
If you reside in a European Union member state other than Italy, you can also access the European procedure established for small claims disputes, according to Regulation (EC) No. 861/2007 of the Council of 11 July 2007, for any disputes relating to the application, execution, and interpretation of these General Terms and Conditions of Sale, provided that the value of the dispute does not exceed, excluding interests, rights, and costs, EUR 5,000. The text of the regulation can be found on the website http://www.eur-lex.europa.eu.
Art. 11 Customer Service
11.1 You can request information, send communications, seek assistance, or file complaints by contacting the Seller using the contact details provided in the Introduction, or by using the contact form, if available on the Site.
11.2 The Seller will respond within an indicative period of 5 days.
Art. 12 Miscellaneous
12.1 This document fully governs the relationship between you and the Seller. However, the rights and obligations provided by the applicable law are always reserved.
12.1 The customer confirms that if an invoice is required, it must be requested during the order process by entering all the necessary information in the NOTES field. For the issuance of the invoice, the information provided by the customer will be valid, and the customer declares and guarantees that they are true, undertaking to indemnify and hold the Seller harmless from any damages, including sanctions imposed by competent authorities, that may arise if the information provided is false. The Seller reserves the right to contact you in case of missing information that blocks the invoicing process.