Foreword
The items available at this online shop are offered by Società Agricola Swiss Olives S.S., in accordance with current regulations on e-commerce and distance contract.
Company data:
Società Agricola Swiss Olives S.S.
Podere 747/a, Via Squadre Basse 2,
Casotto dei Pescatori,
58100 Grosseto, Italy.
Tel. +39 (339) 398 4522
Italian VAT No.: 01651610535
Recipient code: USAL8PV
email: fl@swissolives.ch
The Customer declares that he/she has read all the above information and general terms and conditions of sale before placing the order
General Terms and Conditions of Sale
These general terms and conditions of sale (the “General Terms and Conditions”) govern the terms and conditions of sale of the products sold by Società Agricola Swiss Olives S.S. (the “Products”). All contracts of sale of the Products between Società Agricola Swiss Olives S.S. and third parties (the “Customers”) are governed by these General Terms and Conditions, which form an integral and substantial part of any proposal, order and order confirmation of the same Products. The conditions of sale applicable to orders are those in force on the date of the order itself.
1. Products: prices and characteristics
Unless otherwise indicated, the prices of the Products published on our website are expressed in euros and are inclusive of VAT.
The price guaranteed to the buyer is the price published on the Website at the time the order is placed. The established purchase price is fixed and final.
The prices of the Products published on the Website from time to time by Società Agricola Swiss Olives S.S. cancel and replace the previous ones and are subject to actual availability of the Products.
The images of the products are indicative and not binding.
The Customer is responsible for choosing the Products ordered.
2. Orders – billing
Each order for Products submitted to Società Agricola Swiss Olives S.S. constitutes a contractual proposal of the Customer. The fulfilment of the order by us is equivalent to confirmation and acceptance of the same.
Tax documentation relating to the Products ordered will be issued by Società Agricola Swiss Olives S.S. when the Products are dispatched to the Customer.
An invoice will be issued by us; the Customer must provide accurate data for invoicing and specify the mailing address of the invoice.
3. Fulfilment of the order
The order will be filled in the terms specified on our Website.
Usually deliveries in Europe are made within 10 working days for all Products indicated as “available”.
In the event of non-fulfilment of an order by Società Agricola Swiss Olives S.S. (if the same is due to unavailability of the Products ordered by the Customer), we shall inform the Customer as soon as possible of the scheduled delivery of the out of stock Product to be obtained.
If the Customer does not intend to wait for such time, in any case not exceeding 30 working days, we will refund any sums already paid by the Customer for the supply not carried out.In the event of the Product ordered is out of stock or unavailable, Società Agricola Swiss Olives S.S. undertakes to inform the Customer as soon as possible and provide a deadline for availability.
The Customer will confirm his/her choice by e-mail, i.e. wait until the Product is available, or ask for a refund.
4. Order acceptance
Conclusion of the contract only takes place when the order is confirmed by Società Agricola Swiss Olives S.S.
The Customer will receive an email with a confirmation of receipt of the order with all the details of the contract (products ordered, prices, delivery dates, shipping costs, etc.).
Società Agricola Swiss Olives S.S. reserves the right not to confirm an order for any reason whatsoever relating in particular to a problem with supply of Products, or a problem concerning the order received.
5. Delivery of Products
The Products are delivered to the address provided by the Customer.
Shipments will take place after receiving confirmation of payments; for bank transfer, the credit to our current account is considered as proof, while for payment by credit card, the confirmation of the transaction from the circuit.
For dispatch, we rely on the service of qualified express couriers.
Rates for Europe: the price is indicated in the shopping cart when the order is confirmed.
Delivery time
As a rule, deliveries in Europe of products in stock are made within 10 working days. Although carefully assessed, the shipping terms indicated on our Website are not binding upon Società Agricola Swiss Olives S.S., which may confirm or amend them thereafter to suit on its needs. Dispatch times are indicated in working days.
The dispatch time of an order containing articles with different delivery times is the latest dispatch time of the items ordered. Any delay in delivery of less than 30 (thirty) days shall not entitle the Customer to refuse delivery of the Products, or to claim any compensation or indemnity whatsoever.
If deemed appropriate, Società Agricola Swiss Olives S.S. reserves the right to spread out delivery of the Products (even for the same order) with several deliveries.
The delivery is considered to have been made from the moment the Product is delivered to the Customer.
The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, shall constitute proof of transport and release of the goods.
It is important to know that:
Upon delivery, the Customer must check the content, conformity and condition of the Product(s). Therefore, upon delivery, before signing the receipt, Società Agricola Swiss Olives S.S. recommends that the Customer check the condition of the Products delivered:
– to ensure that the number of packages delivered matches the number indicated on the transport document attached to the dispatch;
– to ensure that the packaging is intact, not damaged, not wet or otherwise altered, and to check that the content is intact.
If the Customer notices any anomalies, he/she must refuse delivery of the products or put his/her reservations in writing, in details and write the date. These reservations must be confirmed to the carrier by registered letter or certified email with acknowledgement of receipt within 3 (three) working days after delivery of the Products. A copy must be sent to Società Agricola Swiss Olives S.S.
If the courier’s document is signed without any “reservation”, the Customer shall not be entitled to make any objection regarding the external characteristics of what has been delivered. Any problems regarding damage to any item, or non-delivery of any item ordered must be reported within 3 (three) days after delivery.
Società Agricola Swiss Olives S.S. has the right, at its sole discretion, to deliver the Products ordered by means of a courier of its choice.
Unless otherwise indicated, all deliveries are made to the street level.
Special delivery terms and conditions must be agreed in advance between the Customer and Società Agricola Swiss Olives S.S. and accepted in writing by the latter.
6. Pick up of products in case of absence of the customer
In case the addressee was absent when delivery was attempted, the carrier will leave a notice of attempted delivery at the address indicated by the Customer. The Products must be collected at the address and in the manner indicated by the carrier.
In the event of non-collection of the Products by the deadline set by the carrier, they will be returned to Società Agricola Swiss Olives S.S., which reserves the right to refund the price of the Products, and charge the Customer for the dispatch costs.
In the event the wrong Product was dispatched, the Customer undertakes to return the Product or Products concerned to Società Agricola Swiss Olives S.S. within 7 (seven) days of receipt, with the package unopened, in their original state and packaging with the accompanying documents.
Once the Product has been received in a suitable condition and manner, Società Agricola Swiss Olives S.S. shall replace the Product initially ordered at its own expense.
7. Force Majeure
In addition to those normally considered by case law, the following cases are explicitly considered to be force majeure events:
– total or partial strikes, internal or external to the company, blocking of means of transport or supply for any reason, government or legal restrictions, computer breakdowns, blocking of telecommunications systems, including networks and in particular the Internet.
-In the event of a force majeure event, fulfilment of the order will be preliminarily suspended.
-If the parties acknowledge the persistence of the force majeure event after a period of 3 (three) months, the order will be automatically cancelled, unless otherwise agreed by both parties.
8. Right of withdrawal
8.1 In accordance with Article 52, paragraphs 1 and 2 of Italian Legislative Decree 206/2005, the Customer (if he/she qualifies as a “consumer” within the meaning of Art. 52, paragraphs 1 and 2 of Legislative Decree 206/2005) has up to 14 (fourteen) days from receipt of the Products to exercise the right to withdraw from the contract and return the Products ordered, without any penalty and without giving any reason.
8.2 The right of withdrawal referred to in Article 8.1 above must be exercised by the Customer, under penalty of forfeiture, by declaring this intention in a registered letter with return receipt sent to Società Agricola Swiss Olives S.S. at the above address, within 14 (fourteen) working days of receipt of the Products.
8.3 All returns (which must be perfectly intact and sent back in the original packaging) must be authorised by Società Agricola Swiss Olives S.S. Customer Service (fl@swissolives.ch). Once the return has been authorised, the Customer may return the Product to the above address. Cash on delivery packages and packaging showing signs of tampering will not be accepted.
8.4 Once the Products have been received (and lack of damage has been verified) Società Agricola Swiss Olives S.S. will issue a credit to the Customer for the cost of the returned Products (as indicated on the invoice) and the dispatch costs as soon as possible. The cost of return of the goods to Società Agricola Swiss Olives S.S. will be charged to the consumer.
8.5 The right of withdrawal referred to in Article 8.1 above may not be exercised by the Customer if the Products purchased consist of bottles of oil that have been opened by the Customer or if the items sold were only ordered and produced for the customer’s order.
In the event that the goods being returned are damaged during transport, Società Agricola Swiss Olives S.S. will inform the Customer of the event (within 5 working days of receipt of the goods in its warehouses), to enable him/her to file a timely complaint against the courier chosen by him/her and to obtain reimbursement of the value of the goods (if insured); in this case, the Product will be made available to the Customer for its return, and at the same time the request for withdrawal will be cancelled.
Società Agricola Swiss Olives S.S. is not liable in any way for damage or theft/loss of goods returned without insurance.
During the withdrawal period referred to in Article 15, the Customer is responsible for the goods as caretaker. In case of damage or destruction of the Product during the withdrawal period, the right of withdrawal will be forfeited.
9. Payment
Payment of the price of the order is due from the moment the order is placed.
The Customer undertakes to pay the agreed price for the Product ordered on the Website (price of the Products and transport) and to pay VAT or other taxes relating to the importation of the Products into the countries where delivery is to take place directly to the courier or carrier or ensure such payment, if necessary.
The accepted forms of payment are: PayPal, Stripe, bank transfer
Bank transfer
Account name: Società Agricola Swiss Olives S.S.
Bank name: BANCA POPOLARE ETICA SOCIETA’
IBAN: IT 98 X 05018 12101 000016827545
BIC / Swift: CCRTIT2T84A
The Customer guarantees to Società Agricola Swiss Olives S.S. that it has the necessary authorisations to use the card payment method when ordering
or bank transfer in favour of Società Agricola Swiss Olives S.S.
If Società Agricola Swiss Olives S.S. does not receive the transfer within 10 days from confirmation of the order, it reserves the right to cancel the order. The bank details are provided when the order is placed.
The Customer guarantees to Società Agricola Swiss Olives S.S. that it has the necessary authorisations to use the PayPal payment method when ordering
For countries where customs duties are levied, these are to be borne by the buyer. Payment of these duties is a necessary condition for the delivery of the product ordered and purchased on the Website.
10. Non-payment – Retention of ownership
The Products ordered remain the property of Società Agricola Swiss Olives S.S. until payment of the price in full (pursuant to Art. 1523 et seq. of the Civil Code).
Società Agricola Swiss Olives S.S. reserves the right to claim ownership of the Products ordered in the event of non-payment.
11. Complaints
Complaints about discrepancies between the Product(s) delivered and the order placed must be sent in writing directly to Società Agricola Swiss Olives S.S., immediately after receipt of the goods.
The Customer must keep the original packaging and delivery document.
12. Personal details
The computerised processing of information, including the management of e-mail addresses of users of the Website, is carried out in accordance with the provisions of law.
The personal details the Customer is prompted to provide is essential for the processing and forwarding of orders, the creation of invoices and any warranty agreements.
For this purpose, this information may be disclosed to the contractual partners of Società Agricola Swiss Olives S.S.
The Customer may object to such disclosure and, in accordance with the law, he/she has the right to access, modify, rectify and erase data concerning him/her by contacting Società Agricola Swiss Olives S.S., at the above address. In order to avoid any attempt at fraud, Società Agricola Swiss Olives S.S. may ask you for proof of your identity and your domicile.
13. Electronic signature
The “validation click” constitutes an electronic signature.
This electronic signature has the same value between the parties as a handwritten signature.
14. No waiver
For Società Agricola Swiss Olives S.S., the fact that it fails to force the Customer to fulfil any of its obligations cannot be interpreted as a waiver of the obligation in question and of the possibility to enforce fulfilment thereafter.
15. Entire contract
These general terms and conditions of sale constitute the entirety of the parties’ obligations.
No other general or particular terms and conditions communicated by the Customer may be included in or derogate from these general terms and conditions.
16. Intellectual property
Società Agricola Swiss Olives S.S. is the owner of the Website’s intellectual property rights and the right to disseminate the elements contained in the online shop catalogue. Consequently, reproduction in part or in whole, on any type of medium, of the elements that make up the Website and the catalogue, their use and their transfer to third parties are formally prohibited.
17. Nullity
Should one or more of the provisions of these general conditions be considered invalid or declared invalid pursuant to a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions shall retain all their force and value.
18. Jurisdiction
In the event of litigation and in the absence of an amicable agreement reached between the parties, without prejudice to possible applicability of mandatory provisions of law for the protection of consumers (as defined under Article 1, letter b) of Legislative Decree No. 185 of 22 May 1999), solely the Court of Grosseto has jurisdiction over any dispute related in any way to these General Terms and Conditions.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Customer declares that he/she has carefully read, understood and specifically accept the following clauses of the General Terms and Conditions of Sale of Società Agricola Swiss Olives S.S: 1, 2, 3, 4, 5, 6, 7, 8, 8.1, 8.2, 8.3, 9, 9.1, 9.2, 9.3, 9.4, 9.5, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19.
