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General Sales Conditions

Art. 1 – General Provisions

1.1 These General Sales Conditions are applied exclusively to the sale of Organic Extra Virgin Olive Oil branded Olio CAMI, achieved on the website www.cami.bio, in compliance with the civil code, the legislative decree n.70/03, the Consumer Code (Legislative Decree n.206/05) and subsequent amendments.

1.2 The sale is made by the individual company La Pepita di Gasparri Camillo, legally based in Rome (Italy) at Via Bruxelles n.34, VAT Number: 07295110725, Registered at the Rome Chamber of Commerce number REA: RM-1512426, Telephone +39.080.9187882 – Mobile phone: +39.392.1102952 – Email: info@cami.bio – PEC: camillo.gasparri@pec.it.

1.3 By browsing this area the user enters the Olio CAMI website using the url https://www.cami.bio, hereafter referred to as the “website”. The transmission of a purchase order from the website includes the acceptance of the general sales conditions and personal data protection policies adopted by the site itself, the user is invited to print, read and accept.

1.4 Olio CAMI reserves the right to modify these general terms unilaterally without notice.

1.5 It is possible to use the website and then access the products supplied and purchase them also in English language.

 

Art. 2 – Object

2.1 These General Sales Conditions regulate exclusively the sale of Organic Extra Virgin Olive Oil branded Olio CAMI, with the characteristics expressly reported on the website.

2.2 These General Terms and Conditions form an integral and essential part of any offer, order, or confirmation of an order for the purchase of products branded Olio CAMI.

2.3 These General Sales Conditions do not regulate the supply of services or the sale of products by parties other than Olio CAMI, which may be present on the same site through links, banners, or other hypertext links for which Olio CAMI is not responsible.

 

Art. 3 – Contract Termination

3.1 To purchase Olio CAMI products on the website www.cami.bio, the user selects the products from the “catalog” existing on the site; adds them to the cart and proceed to “ChechOut” by entering the required user data in the concerned areas for the ordering, delivery and invoicing; selects the payment methods among those proposed. The order will be forwarded to Olio CAMI after the accepting of these general sales conditions and after confirming that by pressing the “Place Order” button, the user will be obliged to pay for the goods purchased. In case of an error regarding the goods of the order, the user can cancel the order before payment.

3.2 After sending the order, the user proceeds with the payment. In case of payment by bank transfer, the order confirmation email will report that the order will be pending until payment is received.

3.3 Olio CAMI, after checking if the user data provided are correct, sends an email to the address provided by the user, regarding the order confirmation, payment, any change in the order status, communication of order cancellation. Olio CAMI is not responsible for the failure to receive the emails for facts due to the user.

3.4 The order contains the characteristics of the purchased product, price including taxes and transport costs, payments and delivery methods and referring to these General Sales Conditions.

3.5 Orders are stored on the website www.cami.bio. The user, by entering the personal area using the credentials provided when registering on the site, will be able to modify his own data, send communications and/or complaints, view the story and the orders status, cancel pending orders awaiting for payment.

 

Art. 4 – Registered Users

4.1 By completing the registration procedures, the user will follow the instructions on the website and provide his own data correctly and truthfully.

4.2 The confirmation will in any case exempt Olio CAMI from any responsibility for the data provided by the user. The user will promptly inform Olio CAMI of any change of his own data at any time provided.

4.3 If the user sends wrong or incomplete data, or even in case of a dispute by interested parties in the payments fulfilled, Olio CAMI will have the right to stop the service until the correct or complete data is provided, and the related disputes are resolved.

4.4 During the first request for a profile activation by the user, Olio CAMI will give the same username and a password. The latter recognizes these identifiers represent the system for validating the user’s access to the Services and the only system suitable to identify the user, and that the actions made through such access will be attributed to him with a binding effect.

4.5 The user will keep his access data secret, protect them with care and attention and not transfer them, even temporarily, to third parties.

 

Art. 5 – Products availability

5.1 The availability of products for sale on the website www.cami.bio refers to the current availability of the product at the time of the order.

5.2 If the purchased product is not fully or partially available, the user will promptly be informed, so that to choose whether to replace the missing product, wait for the product to become available again, modify or cancel the order.

5.3 If the user asks for the total order cancellation, Olio CAMI will refund the amount paid within 30 days from the moment in which Olio CAMI became aware of the user’s decision to cancel the order. The refund will be made through the same payment method used by the user during the purchase, unless the user has differently agreed.

5.4 If the user asks for a partial order cancellation, Olio CAMI will refund only the price of the products not purchased within the 30 days from the moment in which Olio CAMI became aware of the user’s decision to cancel the order. The refund will be made through the same payment method used by the user during the purchase, unless the user has differently agreed.

 

Art. 6 – Payment methods and Prices

6.1 The price of the products will be the one indicated on the website www.cami.bio;

6.2 The prices of products published on the website cancel and replace any previous prices and are subject to actual availability of the Products.The changes do not refer to orders with the confirmation already sent.  

6.3 The prices of the products for sale on the website are expressed in Euros and include VAT;

6.4 Pictures of products are indicative and subject to change.

6.5 In case of an error on the price offered, Olio CAMI will notify the user allowing him to confirm the order at the right amount or its cancellation. In any case Olio CAMI is not obliged to supply what was sold at a lower price wrongly reported.

6.6 The Customer is responsible for choosing the products ordered. Once the desired products have been selected, they will be added to the cart. It will be sufficient to follow the purchase instructions, by entering and verifying the information requested at every stage of the process. The order details can be modified before payment.

6.7 Payment can be done exclusively through the payment methods reported on the website and is due from the moment of the order.

6.8 The Customer agrees to pay the agreed price for the product ordered on the website (product price and transport costs) as well to pay, if necessary, VAT or other taxes and duties relating to the import of products in the countries where the delivery will take place.

 

Art. 7 – Delivery

7.1 Olio CAMI carries out shipments all over Italy in the ways reported on the website and are indicated to the user at the moment of the order and as follow:

Rates for Italy: flat fee of € 15,00, free shipping for orders above € 198,00;

Rates for EU: flat fee of € 30,00, free shipping for orders above € 198,00;

Rates for UK and Switzerland: flat fee of € 75,00, free shipping for orders above € 250,00;

Rates for Australia, USA e Canada and non EU Countries: Variable fees, based on weight;

7.2 The delivery will be made by the courier at the address indicated by the user at the moment of the order.

7.3 For the Italian territory, the delivery is made, under the conditions indicated by the courier, approximately within 7 working days from the order confirmation, but it could also be subject to changes; in any case, the delivery will take place within a maximum term of 30 days from order confirmation.

7.4 Regarding deliveries abroad (EU or non EU Countries) the delivery will be made approximately within 15 working days from the order confirmation and, in any case, within the maximum term of 30 days from the order confirmation.

7.5 – Any delivery delay of less than 30 (thirty) days shall not entitle the Customer to refuse delivery of products, nor claim compensation or any damages of any kind. 

7.6 – The delivery takes place from Monday to Friday. Saturday, Sunday and public holidays excluded.

7.7 The delivery is considered completed once the product is delivered to the Customer. The delivery note issued by the carrier shall constitute proof of transport and release of the goods. 

7.8 Shipping costs are clearly reported when the purchase order is placed.

 

Art. 8 – Transfer of risk

8.1 For the consumer user, the risks related to the purchased products will be on the user from the moment the goods are delivered to the user or to a third party designed by him. The ownership of the products can be considered complete when the full payment of all amounts due, including shipping costs, has been received.

8.2 For the non-consumer user, the risk concerning the products will be on the user upon delivery to the courier.

 

Art. 9 – Warranty and commercial compliance

9.1 If the user is a consumer, in compliance with art.132 of the Consumer Code (Legislative Decree n 206/05), the seller is responsible when the lack of conformity occurs within 2 years from the delivery of the goods.

9.2 The consumer user loses his legal guarantee rights if he doesn’t report the lack of conformity in writing to the seller within 2 months from the date on which he discovered the defect.

9.3 If the user is not a consumer, the seller is responsible (art.1490 of the Civil Code) when the lack of conformity occurs within 1 year from the delivery of the goods. The non-consumer user loses his legal guarantee rights if he doesn’t report the lack of conformity to the seller in writing within 8 days from the date he discovered the defect (art. 1495 of the Civil Code).

 

Art. 10 – Right of Withdrawal

10.1 The user who entered into the contract as a consumer has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days in compliance with art.57 of the Consumer Code (Legislative Decree 206/2005) starting from the date of receipt of the product. In case of multiple purchases made by the user with a single order with separate deliveries, the term of 14 days starts from the date of receipt of the last product.

10.2 The user who would exercise the withdrawal right will need to send by writing the decision to withdraw from the order to Olio CAMI using one of the following ways: by e-mail to info@cami.bio; by PEC to camillo.gasparri@pec.it.

10.3 In case of withdrawal by the consumer all goods will need to be sent back to La Pepita di Gasparri Camillo, Piazza Massari n.14, 70122 Bari (BA) Italy, at the user’s expenses, intact, sealed, in the original packaging, complete in all its parts with and with the relative tax documentation attached.

10.4 The right to withdrawal is however subject to the following conditions: a) the withdrawal applies to the product purchased in its entirety, hence the user cannot exercise the withdrawal on a part of the product purchased; b) the shipping costs for the returning the goods will be borne by the user; c) the user is responsible for the shipment until Olio CAMI has received the returned goods; d) Olio CAMI is not responsible in any way for damages, theft, loss of goods returned by uninsured shipments; e) in case of damage of the returned goods during the returning trip; f) the user cannot exercise in any way the right of withdrawal for perishable goods with an expiring date less than or equal to 10 days. In case, as referred to letters e) and f), Olio CAMI will notify the user, at the email provided by the user, within 5 working days from the receipt of the goods, to allow the user to submit the complaint to the courier he selected to obtain the refund of the goods, if insured. In this case, the product will be made available to the user for its return while the withdrawal request is canceled.

10.5 Withdrawal is excluded in the case of goods indicated in art.59 of Legislative Decree n.21/2014, (by way of example but not exhaustively) are mentioned the products present on the website that are most likely to be subject to this exclusion, such as: art.59 letter c) supply of goods tailor-made or clearly personalized; art. 59 letter d) supply of goods that risk to deteriorate during the transport or expire rapidly; art. 59 letter e) supply of sealed goods which cannot be returned for hygienic reasons or related to health protection and have been opened after delivery; art. 59 letter f) supply of goods which, after the delivery are by their nature, inseparably mixed with other goods). In case of withdrawal exclusion the products, if already received by Olio CAMI, will be returned to the user with the relative shipping costs charged.

10.6 Beside the right to verify compliance with the conditions and the existence of withdrawal right, Olio CAMI will refund the amount of the products subject to withdrawal within a maximum term of 30 days starting from the receipt of goods, as stated in art.56 comma 3 of the Consumer Code (Legislative Decree 206/2005).

10.7 Olio CAMI will refund using the same payment method selected by the user during the purchase, unless the user has differently agreed. In case of payment made by bank transfer and if the user intends to exercise his right to withdrawal, he must inform by writing, in one of the ways selected from those reported in point 2 of this article, the bank details: IBAN, SWIFT and BIC necessary to complete the refund; the refund will remain pending until the concerned communication will be received by Olio CAMI.

10.8 As a result of exercising the withdrawal right, Olio CAMI will return the amounts including delivery costs, with the exclusion of any additional costs resulting from the selected delivery method different from the ordinary one offered.

10.9 The right of withdrawal cannot be applied in case of purchase made by a non-consumer.

 

Art. 11 – Data Processing

11.1 User data is processed in accordance with the provision of legislation about personal data protection, as detailed in the appropriate section containing the information in compliance with EU Regulation 2016/679 and legislative decree 196/03.

 

Art. 12 – Intellectual property

12.1 The individual company La Pepita di Gasparri Camillo owns the intellectual property rights of the website and the right to distribute the items contained in the catalogue of the online store. Consequently, the total or partial reproduction, on any media, of the items that make up the website and catalogue, as well as their use and their sale to third parties, is strictly prohibited.

 

Art. 13 – Complaints – Dispute resolution, applicable law and competent court

13.1 These General Sales Conditions are governed by the Italian Law and its interpretation. Hence, the interpretation, execution, and resolution of the General Sales Conditions are subject exclusively to the Italian Law. In case of a consumer user, any other mandatory rule prevailing in the country of the user residence, is reserved.

13.2 Any communication and/or complaint on the purchased products should be sent in writing by email to info@cami.bio.

13.3 In the event of litigation and in the absence of an amicable settlement reached between the parties, without prejudice to the possible applicability of mandatory provisions of law for the protection of consumers (as defined under Art.1 letter b) of Legislative Decree n.185 of 22 May 1999, any dispute related to these General Terms and Conditions shall be referred to the exclusive jurisdiction of the Court of Bari.

 

Art. 14 – Safeguard clause

14.1 If one of the clauses of these General Sales Conditions is null for any reason, this will in no case compromise the validity and the compliance with the other provisions contained in these General Sales Conditions.