Preamble
The offer of this online shop is proposed by the company Pellegrino 1890 srl in accordance with the current regulations on electronic commerce and distance contracts
Company data:
Pellegrino 1890 srl
Registered office: Via Contrada Martinelli,11
Head office: Contrada La Spineta
76123 – Andria – BT
P.I. 07911550726
REA BA-590680
Tel: +39.0883.569770
E-mail: info@oliopellegrino.it
The Customer declares to have read all the above information and general conditions of sale before placing the order.
General Terms and Conditions of Sale
These general conditions of sale (the "General Conditions") govern the terms and conditions of sale of products sold by Pellegrino 1890 srl (the "Products").
All contracts for the sale of Products by Pellegrino 1890 srl to third parties (the "Clients") are regulated by these General Conditions, which form an integral and substantial part of every proposal, order and purchase order confirmation of the Products themselves. 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 the Pellegrino 1890 srl website are expressed in Euro and must be considered inclusive of VAT.
The price guaranteed to the purchaser is that published on the Site at the time the order is sent. The price established at the time of purchase is fixed and definitive.
Product prices published from time to time by Pellegrino 1890 srl on the Site cancel and replace previous prices and are subject to the actual availability of the Products.
Product images are indicative and not binding.
The Customer is responsible for the choice of Products ordered
2. Orders - Invoicing
Each order of products sent to Pellegrino 1890 srl constitutes a contractual proposal from the Client. Fulfillment of the order by Pellegrino 1890 srl is equivalent to confirmation and acceptance of the same.
Fiscal documentation relating to the ordered Products will be issued by Pellegrino 1890 srl at the time of delivery of the Products to the Customer.
An invoice will be issued by Pellegrino 1890 srl, the Customer must indicate the exact data necessary for invoicing and specify the shipping address of the invoice.
3. Order Execution
The order will be executed within the terms specified on the Site.
As a rule, deliveries take place within 24/72 hours for Italy for all Products indicated as "available".
In the event of non-execution of the order by Pellegrino 1890 srl (if this is due to unavailability of the Products ordered by the Client), Pellegrino 1890 srl will inform the Client as soon as possible of the expected delivery time for the missing Product. If the Client does not intend to wait this time, in any case not longer than 30 working days, Pellegrino 1890 srl will reimburse any sums already paid by the Client for the unfulfilled supply.
Should the stock(s) be out of stock or the ordered Product be unavailable, Pellegrino 1890 srl undertakes to inform the Customer as soon as possible and specify a deadline for availability.
The Customer will confirm his or her choice by e-mail, i.e. to wait for availability of the Product or ask for a refund.
4. Order Acceptance
The contract will be concluded only when the order is confirmed by Pellegrino 1890 srl
The Client will receive a notification of receipt by fax, post or email containing the confirmation of the order with all the constituent elements of the contract (products ordered, prices, delivery dates, shipping costs, ...)
Pellegrino 1890 srl reserves the right not to confirm an order for any reason relating in particular to a product supply problem, or a problem with the order received.
5. Delivery of Products
The Products are delivered to the address indicated by the Customer.
Shipments shall take place upon receipt of confirmation of payment: for a bank transfer, the crediting to our current account shall be deemed valid, for payment by credit card, the confirmation of the transaction by the circuit.
For our shipments we rely on the service of qualified express couriers such as GLS and NTI.
Delivery Time
Deliveries normally take place within 24/72 hours only for products in stock. Although the delivery times indicated on the site are carefully evaluated, they must be considered non-binding for Pellegrino 1890 srl, which can subsequently confirm or modify them, depending on its own actual needs. Shipping times are indicated in working days.
The delivery time of an order containing items with different delivery times is equal to the longer delivery time of the items in the order. Any delays in delivery of less than 30 (thirty) days do not entitle the Customer to refuse delivery of the Products, nor to claim compensation or indemnity of any kind.
Pellegrino 1890 srl has the right to make deliveries of Products (even for the same order) in several successive deliveries, should it deem it appropriate.
The delivery is considered as 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 Client must check the content, conformity and state of the Product(s). Therefore, upon delivery, Pellegrino 1890 srl recommends the Client to proceed to verify the state of the Products delivered before signing the receipt notice, and in particular
- that the number of packages being delivered corresponds to that indicated in the transport document attached to the shipment
- that the packaging is intact, not damaged, not wet or in any way altered, and to check the integrity of the contents.
If the Customer finds any anomalies, he must refuse the delivery of the products or put his reservations, detailed and dated, in writing. These reservations must be confirmed to the carrier by registered letter with return receipt within 3 (three) working days after delivery of the Products. A copy will be addressed to Pellegrino 1890 srl.
If the courier's document is signed without affixing any "reserve", the Customer may not make any objection regarding the external characteristics of what has been delivered. Any problems concerning the physical integrity, correspondence or completeness of the Products received must be reported within 3 (three) days from delivery.
Pellegrino 1890 srl has the right, at its own discretion, to make delivery of the Products ordered by a courier chosen by it.
Unless otherwise indicated, all deliveries are made at street level.
Special delivery terms and conditions must be agreed in advance between the Client and Pellegrino 1890 srl and accepted in writing by Pellegrino 1890 srl.
6. Withdrawal of Products in the Event of Absence of the Client
In case of absence of the recipient during delivery, the carrier will leave a notice at the delivery address indicated by the Customer. The Products shall be collected at the address and in the manner indicated by the carrier.
In case of failure to collect the Products within the term established by the carrier, the Products will be returned to Pellegrino 1890 srl, which reserves the right to refund the price of the Products, leaving the shipping costs to be paid by the Customer.
In the event of an error inherent to the Product, the Customer agrees to return the Product or Products concerned to Pellegrino 1890 srl within 7 (seven) days from receipt, on condition that they are returned in their unopened package, in their original condition and packaging with accompanying documents.
Once the Product has been received in the correct form and manner, Pellegrino 1890 srl will send back, at its own expense, the Product originally ordered.
7. Force majeure
The following are explicitly considered as cases of force majeure, in addition to those normally considered by case law
- total or partial strikes, internal or external to the company, blockage of means of transport or supply for any reason whatsoever, governmental or legal restrictions, computer breakdowns, blockage of telecommunications including networks and in particular the internet.
In the event of force majeure, the execution of the order shall initially be suspended as of right.If, after a period of 3 (three) months has elapsed, the parties ascertain the persistence of the case of force majeure, the order shall automatically be cancelled, unless otherwise agreed by both parties.
If, after a period of 3 (three) months has elapsed, the parties ascertain the persistence of the case of force majeure, the order shall automatically be cancelled, unless otherwise agreed by both parties.
Right of Withdrawal
8.1 Pursuant to Article 5 of Legislative Decree No. 185 of 22 May 1999, the Customer (if he/she qualifies as a "consumer" pursuant to Article 1 letter b) of Legislative Decree No. 185 of 22 May 1999) has the right to withdraw from the contract and return the Products ordered, without any penalty and without specifying the reason, within 10 (ten) working days from receipt of the Products.
8.2 The right of withdrawal must be exercised by the Client, under penalty of forfeiture, by sending a registered letter with return receipt to Pellegrino 1890 srl - via Contrada Martinelli 11 - 76123 Andria (bt), within 10 (ten) working days from receipt of the Products.
8.3 All returns (which must be perfectly intact and accompanied by the original packaging) must be authorised by Customer Service (mtpellegrino@oliopellegrino.it). Once the return has been authorised, the Client may return the Product to the following address: Pellegrino 1890 srl - Contrada La Spineta - 76123 Andria (bt). C.O.D. packages will not be accepted
8.4 Once the Products have been received (and their integrity has been verified) Pellegrino 1890 srl will, as soon as possible, credit the Client with the cost of the returned Products (as indicated on the invoice), withholding the amount of shipping costs that will remain definitively borne by the Client
8.5 In the case of damage to the goods during their return transport, Pellegrino 1890 srl will inform the Client of what has happened (within 5 working days of receipt of the goods in their warehouses), to allow them to make a timely complaint to the courier of their choice and obtain reimbursement of the value of the goods (if insured); in this case, the Product will be made available to the Client for its return, at the same time cancelling the request for withdrawal.
In the case of damage to the goods during their return transport, Pellegrino 1890 srl will inform the Client of what has happened (within 5 working days of receipt of the goods in their warehouses), to allow them to make a timely complaint to the courier of their choice and obtain reimbursement of the value of the goods (if insured); in this case, the Product will be made available to the Client for its return, at the same time cancelling the request for withdrawal.
Pellegrino 1890 srl is not responsible in any way for damage or theft/loss of goods returned by uninsured shipments
During the withdrawal period mentioned in Article 15, the Client is responsible for the item as custodian. In the event of damage or destruction of the Product during the custody of the Customer, the right of withdrawal shall be forfeited
9. Payment
Payment for the order/order is due from the moment the order is placed.
The Customer undertakes to pay the agreed price for the Product ordered on the Site (price of the Products and transport).
The Customer shall settle the order
- by credit card as proposed on the Website.
The Customer guarantees Pellegrino 1890 srl that they have the necessary authorisation to use the card payment method when placing the order.
- or by bank transfer in favour of Pellegrino 1890 srl.
Should Pellegrino 1890 srl fail to receive the bank transfer within 10 days of confirmation of the order, Pellegrino 1890 srl reserves the right to cancel the order. Bank details are provided at the time the order is placed.
- or through Paypal.
The Customer guarantees Pellegrino 1890 srl that he/she has the necessary authorisation to use the Paypal payment method when placing an order.
10. Failure to Pay - Retention of Ownership
The ordered Products remain the property of Pellegrino 1890 srl until final payment in full of their price (pursuant to Art. 1523 and following of the CC.). Pellegrino 1890 srl reserves the right to claim the Products ordered in case of non-payment.
In this hypothesis and at the request of Pellegrino 1890 srl, the Customer undertakes to return any unpaid Products, at its own expense.
11. Complaints
Pellegrino 1890 srl guarantees that the products sold conform to the usual use of the same (Legislative Decree 206/2005 articles 128 to 135)
Complaints for non-conformity of the Product(s) delivered with the order must be received in writing directly by Pellegrino 1890 srl, immediately after receipt of the goods.
12. Nominative information
The computerised processing of information, including the management of e-mail addresses of users of the site, is carried out in accordance with statutory provisions.
The nominative information requested from the Customer is indispensable for the processing and forwarding of orders, the creation of invoices and any guarantee contracts.
For this purpose, this information may be communicated to contractual partners of Pellegrino 1890 srl.
The Client may object to such communication and in accordance with the law has the right to access, modify, rectify and delete data concerning him/her by contacting Pellegrino 1890 srl - via Contrada Martinelli 11 - 76123 - Andria (bt)
In order to avoid any attempt at fraud, Pellegrino 1890 srl may ask you for proof of your identity and 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. Non-waiver
For Pellegrino 1890 srl, a failure by the Client to enforce any of its obligations shall not be interpreted as a waiver of the obligation in question and of the possibility of enforcing this failure at a later date.
15. Integrity of the Contract
These general terms and conditions constitute the entirety of the parties' obligations.
No other general or particular conditions communicated by the Customer may be included in or depart from these general conditions.
16. Intellectual Property
Pellegrino 1890 srl is the owner of the intellectual property rights of the Site and the right to disseminate the elements contained in the online shop catalogue. Consequently, the partial or total reproduction, on any type of medium, of the elements that make up the Site and the catalogue, their use, as well as their transfer to third parties are formally prohibited.
7. Invalidity
Should one or more provisions of these general terms and conditions be deemed invalid or declared invalid by application of a law, regulation or following a final decision by a competent court, the other provisions shall retain all their force and effect.
18. Competent Jurisdiction
In the event of litigation and in the absence of an amicable agreement reached between the parties, without prejudice to the possible applicability of mandatory provisions of law for the protection of consumers (as defined pursuant to art. 1 letter b) of Legislative Decree no. 185 of 22 May 1999), any dispute in any way connected to these General Conditions shall be referred to the exclusive jurisdiction of the Court of Trani.
Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the Customer declares to have carefully read and understood and to specifically accept the following clauses of the General Conditions of Sale Pellegrino 1890 srl: 1-2-3-4-5-6-7-8.1-8.2-8.3-9-10-11-12-13-14-15-16-17-18.
