Terms of sale

Azienda Agricola Ota Ilija, having its office at Bagnoli della Rosandra 357, 34018 Trieste, VAT number 01221110321, e-mail info@otaoliveoil.com, PEC otailija@pec.it, hereinafter defined as “Seller”.

WHEREAS

a.       Ota Ilija is a farm which produces and markets extravirgin olive oil.

b.      The Seller is managing a distance selling service through the following website https://www.otaoliveoil.com/ (hereinafter the “Site”).

c.       The Seller market its Products to both traders and consumers.

d.      All purchases made on this Site by a Buyer is governed by these Terms of sale.

e.       The brand and logo relating to the Site and the Products are the exclusive property of Seller and protected under copyright laws.

This preamble to this agreement shall constitute an integral part hereof. In this contract, any term used where singular shall include the plural and vice-versa, and any term in the masculine shall include the feminine and neuter. If there is an inconsistency between any of the provisions of this English language version and the Italian version, the provisions of the Italian language version shall prevail.

1.       Definitions

In these Terms of sale, the following expressions have the following meanings:

a) “Contract” or “Terms of sale” means a distance selling contract for the purchase and sale of Goods, entered by and between Seller and Buyer with the use of internet.

b) “Seller” Azienda Agricola Ota Ilija, having its office at Bagnoli della Rosandra 357, 34018 Trieste, C.F. TOALJI91A22L424A, VAT Number 01221110321, R.E.A. Ts – 133705, one of the Parties of this contract, which runs the Site and sells its Products to Buyers.

c) “Products” or “Goods” means the goods sold by Seller through the Site and displayed on the online catalogue.

d) “Buyer” means a customer who is authorized to access the Site in order to purchase Products, in the manner indicated in these Terms of sale.

e) “Consumer” means any natural person who, when purchasing a Product on this Site, is acting for purposes which are outside his trade, business, craft or profession.

f) “Trader” means any natural person or any legal person, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession in relation to contracts.

g) “Parties” refers to both Seller and Buyer.

h) “Site” refers to the following website https://www.otaoliveoil.com which it is possible to make online purchases.

2.       Object of the contract

2.1 These Terms of sale, concerns the online ordering and sale of Goods. Under this Contract, the Seller sells, and the Buyer purchases, remotely, the Products displayed in the virtual catalogue.

2.2 The Products sold under this Contract are all the Goods selected by the Buyer and added to the virtual shopping cart. Buyer will need to follow the different technical steps required to conclude the online Contract.

2.3 The Products on sale are illustrated on the specific web page of the Seller's Site.

3.      Execution of the Contract

3.1 Buyers will select the Products among those listed on the online catalogue. Before submitting its order, Buyer will view the total Product price, including VAT or any other taxes, shipping costs. Before submitting the order, Buyer have the possibility of review and amend all the information.

3.2 Once Buyers have completed their selection, they will submit an order by pressing the payment button and agreeing to the execution of these Terms of sale and to proceed with the payment. Buyer is aware that by pressing the payment button, it agrees to pay the Product and authorizes the Seller to charge its credit card once the order is confirmed.

3.3 When a user places a purchasing order through the Site, the Seller will send an e-mail acknowledging receipt of order, containing a summary of the order received from the Buyer and confirming the order’s acceptance. After that, the Buyer will receive an e-mail containing information about the shipment of the Product. The Contract entered into via the Site is considered concluded and effective once the Buyer receives an order confirmation from the Buyer.

3.5 Payment methods will be displayed on the Site.

3.6 All purchase order will be forwarded by the Buyer to the Seller by following technical steps required to place an order.

3.7 Before submitting a purchase order, Buyer must read these Terms of sale carefully. By submitting an order, Buyer acknowledges that he or she fully understands them and agree to be bound by them.

3.8 Buyers may only purchase Goods through the Site if they are at least 18 years of age.

4. Products delivery.

4.1 The Seller will, by courier or postal service, ship the purchased Products to the address indicated by the Buyer in the online order request form. Unless agreed otherwise, the Products will be delivered without undue delay and in any case no later than 30 calendar days after the date on which the Contract is formed. Delivery dates may vary according to the availability of Products, Products’ features, delivery location.

4.2 Upon receipt of the Product, Buyer has a duty to check without undue delay if the delivery packaging is damaged. Any damage to the packaging must be reported immediately to the carrier by specifying in writing on the delivery note “accepted subject to checking” and providing a brief description of the damages on the delivery note.

4.3 Seller will not be responsible for any delay or non-delivery due to force majeure, unforeseeable circumstances or unavailability of the Customer to collect the Products.

4.4 Responsibility for the risk in the Goods will pass to the Buyer once Products are handed over to the courier for delivery.

4.5 It is understood that in the event of non-delivery due to absence of the Buyer, the courier will leave a delivery note and it will be a Buyer’s duty to take the necessary steps in order to contact the carrier and schedule a new delivery or to collect the Product at the warehouse. Failure to receive the Product or to collects it within the time frame set buy the Buyer or the courier , Buyer will be totally responsible for any damage occurring to the Product, whereas both the Seller and the courier waive any liability in this respect.

4.6 Seller will not be liable for any failure or delay in delivering the Products where that failure or delay results from any cause that is beyond its reasonable control, including strikes, accidents, explosions, earthquakes, epidemic, floods.

5. Parties obligations

5.1 Buyer assumes full responsibility for the accuracy and truthfulness of the data entered in the electronic purchase form. Buyer must ensure that the data provided is correct and complete or promptly notify the Seller of any changes.

5.2 When submitting an order, Buyers will be able to store a copy of this contract and agrees to do so in accordance with the provisions of Article 12 of Italian Legislative Decree 70/2003.

5.3 If Buyer requests delivery outside of Italy, it will be responsible for all customs duties and fees. For this reason, Buyer shall check local laws if the Product will be subject to customs duties and fees before ordering. Seller disclaims any liability in this respect.

For this reason, Buyer shall check all customs requirements for the ordered Goods applicable in the specific country of delivery.

6. Right of cancellation

6.1 Consumers have the right to return a Product in exchange for a refund within 14 calendar days from the day of collection, without incurring in any penalty charge, except for the direct cost of returning the Product. Delivery charges will be paid by the Buyer.

6.2 In case of cancellation, Buyer must return the Product intact, un-opened and in the original packaging Please note that in order to return the Product, the bottle or container must be intact, un-opened as the law allows Seller to rule out any cancellation right for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery or for the supply of goods which are liable to deteriorate or expire rapidly.

6.3 In order to cancel their order, Buyers must send a request by PEC (Certified electronic e-mail) at the following address: otailija@pec.it or by certified mail with delivery confirmation at the following address:

Azienda Agricola Ota Ilija

Bagnoli della Rosandra 357, 34018 Trieste.

Buyer can also use the following Cancellation Form published on the Site homepage. Buyer may also use an ordinary e-mail address, however for the cancellation to be effective, Buyer shall receive a response from the Seller acknowledging that he/she has receive the cancellation request.

6.4 In case of cancellation, Buyer must return the Product intact, un-opened and in the original packaging without undue delay and in any case no later than 14 calendar days after he/she communicated its will to cancel the order.

6.5 Seller will accept the returned Product only after checking that the Products have been returned in their original state and in their original packaging. Following cancellation, Seller shall refund the Buyer the amount paid for the Product within 14 calendar days of the day on which Seller receive the Products back or from the day on which Buyer gives evidence that the Products were shipped., whichever occurs earlier.

6.6 If user is a Trader and not a Consumer, cancellation right shall not apply, and user cannot cancel its purchasing.

7. Warranties

7.1 If Buyer is a consumer according to Italian Legislative Decree 206/2005 as subsequently amended and European Union Directive 2011/83/UE, all Products sold are covered by a 2 years legal guarantee of conformity. Any defect must be reported no later than 2 months following discovery thereof, under penalty of expiration. There is no lack of conformity if at the time of the conclusion of the Contract, the Consumer was aware of the defect or could not ignore it.

7.2 Where a user is Trader, legal warranty under Legislative Decree 206/2005 shall not apply.

7.3 All requests for warranty must be notified by PEC (Certified electronic e-mail) or by registered mail. Buyer will then confirm its willingness to process the request, or the reasons that prevent it from doing so.

7.4 The warranty does not cover defects resulting from normal wear and tear, incorrect or improper use of the Product, or for causes out of the Seller’s control. The Seller is not responsible for any defects or deterioration of the Product arising from improper storage or for any defects arising after expiring date indicated on its label. No guarantee will be given for damages that the Buyer could have avoided by using ordinary diligence (e.g. incorrect product storage).

8. Amendments

This Contract, including its payment and delivery terms, may be amended by the Seller at any time. Any amendment to the Terms of sale shall be effective for any future purchase.

9. Applicable law and competent court

9.1 These Terms of sale and the relationship between Buyer and Seller shall be governed by and construed in accordance with the law of Italy. Any dispute, controversy, proceedings or claim between Seller and Buyer relating to these Terms of sale shall be subject to the jurisdiction of the courts of Trieste, Italy.

9.2 If Buyer is a consumer according to Italian Legislative Decree 206/2005 as subsequently amended and European Union Directive 2011/83/UE, any disputes concerning these Terms of sale shall be subject to the jurisdiction of the courts where the Consumer is resident.

9.3 Pursuant to EU-Regulation N. 524/2013 of the European Parliament and of the Council the Seller provides the following link to the European Commission platform for online dispute resolution: http://ec.europa.eu/consumers/odr/