Terms of service

 

1 Premises

 

    • 1.1The following General Terms and Conditions of Sale online (hereinafter "GTC") govern the contract (hereinafter the "CONTRACT") for the sale of products (hereinafter the "PRODUCT" or "PRODUCTS") available on the website www.olivieri1882.com (hereinafter the "SITE"), owned by the company 1882 S.r.l., with legal and administrative headquarters in Arzignano at Via Stadio n. 36\13, VAT number and Tax Code 03964530244 (hereinafter also "THE SELLER") and purchased online by users of the SITE (hereinafter the "CUSTOMER").
    • 1.2These General Terms and Conditions of Sale apply to the offer of Products, as defined below, to consumers (consumers being understood, pursuant to art. 3, para. 1, lett. a, of Legislative Decree 6 September 2005 no. 206, as natural persons acting for purposes not related to any commercial or professional activity possibly carried out), as well as to the submission and acceptance of online purchase orders between the Seller and a consumer. Therefore, the regulations contained in Legislative Decree no. 206/2005, known as the Consumer Code, and in Legislative Decree no. 70/2003 on electronic commerce apply.
    • 1.3The forwarding of a purchase order for one or more PRODUCTS from the SITE by the CUSTOMER implies the acceptance of these T&C by the CUSTOMER. The Seller invites to carefully read these General Terms and Conditions of Sale before proceeding with any purchase through the Site.
    • 1.4In these General Terms and Conditions of Sale, the following terms have the meanings specified below:
    • ContractThe sales contract concerning a Product, which is concluded between the consumer and the Seller through a sales system organized on the Site, to which these conditions apply.
    • CustomerThe end consumer, i.e. the individual who acts for purposes not related to any commercial or professional activity that may be carried out and is authorized to operate on the Site in order to purchase the Products, according to the methods indicated in these General Terms and Conditions of Sale.
    • ConfirmNo text providedOrderFinal summary of the details related to the Contract, sent to the Customer via email once the payment has been made and the Seller has started preparing the order for shipment (in accordance with the current General Terms and Conditions of Sale). The reception of the Order Confirmation by the Customer constitutes the moment when the Contract is finalized. Specifically, this document contains the list of the Products actually purchased along with their main characteristics, including the Price. It will also include all information related to shipping details, costs, and the requested shipping method. Additionally, the total cost of the order (with and without VAT) and the main information regarding the payment made will be indicated. Finally, the document in question will contain references to the General Terms and Conditions of Sale, the general terms of use of the Website, and the Seller's tax information (name, legal form, registered office, registration in the business register, tax code, VAT number, and responsible person).
    • Module dNo text providedOrderThe form on the website for entering and registering the data of the Customer who intends to conclude a Contract and which will be sent electronically to the Seller.
    • PriceThe contractual consideration, including VAT. For shipments in Italy, with an amount equal to or greater than € 25.00, shipping costs are included in the Price, while for abroad they are excluded from the Price and determined at the time of data entry.
    • ProductsThe items in the electronic catalog published on the website, as described in their respective product sheets.
    • Shipping:After the order confirmation, the products are processed and prepared, and this phase ends with the delivery of the package to the carrier.
    • Delivery:The phase starting from the delivery of the package to the carrier responsible for the delivery until it reaches the recipient;

     

    Effective and modification of the General Terms and Conditions

     

    • 2.1The General Terms and Conditions applicable to the sale of PRODUCTS are those published on the WEBSITE at the time of ordering the PRODUCTS. The CUSTOMER can easily store on durable media and reproduce on paper support through printing these General Terms and Conditions, in compliance with the Consumer Code.
    • 2.2The Seller reserves the right to modify these General Terms and Conditions of Sale at any time, any changes and/or additions will be effective from the moment of their publication on the WEBSITE and will apply to sales made from their publication. The CUSTOMER is therefore required to periodically check the publication of the most updated GTC.
    • 2.3Some sales campaigns, depending on the specificity of the PRODUCTS, may be subject to special sales conditions in addition to these T&Cs. Such special conditions, if provided, will be accessible and viewable in the "description" section of the specific storefront through a specific link. By purchasing the PRODUCT from these sales campaigns, the CUSTOMER agrees, in addition to these T&Cs, to the relevant special conditions.

     

    3 Sales procedure and payments

     

    • 3.1The offer of the PRODUCTS presented on the SITE is subject to their actual availability. The Seller reserves the right not to follow up on orders from individuals who do not fall within the definition of Customer, or in any case on orders that do not comply with their commercial policy. The Seller cannot in any case be held responsible for the temporary unavailability of one or more Products.
    • 3.2Payment can be made by credit card or PayPal. The charge will be made within 12 hours after the CUSTOMER sends the order confirmation.
    • 3.3Sending the Order Form also constitutes acceptance of any partial delivery, limited to the Products available within those ordered, as well as a waiver of any claims for compensation or indemnity for this reason. If the CUSTOMER has already paid for the complete order, the Seller will refund the portion of the Price corresponding to the unavailable Products according to the methods described below.
    • 3.4In case of multiple orders, as many CONTRACTS will be considered as the number of PRODUCTS ordered. The effectiveness of each CONTRACT is subject to the actual availability of the PRODUCT, as specified in the following art. 4.2.
    • 3.5The essential characteristics of the PRODUCTS, including the price including VAT and shipping costs, are visible and known to the CUSTOMER before the conclusion of the CONTRACT and the payment. In particular, the essential characteristics of the PRODUCTS can be viewed by accessing the technical sheet of the PRODUCT itself where 1882 srl, in addition to the description and characteristics of the PRODUCT, will also publish, if possible, photographs and/or videos for the sole purpose of providing a representation of the PRODUCT. Once the purchase order is received, 1882 srl will send the CUSTOMER a receipt containing a summary of the information related to the sale and will proceed with the order fulfillment with shipping within 5 (five) working days, except for shipments marked as "Easter Shipping" and/or "Christmas Shipping", for which the shipment will take place within the time period indicated at the time of the CUSTOMER's choice of the respective method.
    • 3.6The prices indicated on the WEBSITE do not include any taxes, duties, and applicable taxes in the country of destination of the products and/or services where this is different from Italy. These costs, varying from country to country, are the responsibility of the CUSTOMER, who is required to verify the amount with the competent customs authorities.
    • 3.7In case the "Christmas Shipping" option is chosen by the CUSTOMER, the seller undertakes to start the shipment within the time frame from December 10th to 15th, but does not assume responsibility for the arrival times of the products at their destination, as this is attributable to the carrier's delivery times.
    • Similarly, 1882 srl cannot guarantee delivery for Christmas Day if orders are received after the deadline of 20 days before Christmas Day.
    • 3.8The CUSTOMER is aware that, due to the national emergency caused by Covid-19, couriers may not deliver within the usual timeframes.

     

    4 Rights and Obligations of the SELLER

     

    • 4.11882 srl, except as provided in the following article 4.2, undertakes to ship the PRODUCTS to the address communicated by the CUSTOMER in the purchase order or, if specified, through the carrier responsible for the transportation of the PRODUCTS. 1882 srl cannot be held responsible for shipping errors due to inaccuracies or incompleteness in the completion of the purchase order by the CUSTOMER, such as, for example but not limited to, errors in indicating the address or telephone number or for any changes to the data subsequently made by the CUSTOMER. 1882 srl also cannot be held responsible for delivery delays attributable to the CUSTOMER. Delivery is made by express courier; P.O. Boxes are not considered valid addresses for delivery purposes.
    • 4.21882 srl reserves the right to notify the CUSTOMER, within 15 days from the purchase, at the email address associated with the CUSTOMER, of any unavailability of one or more of the purchased PRODUCTS. In this case, 1882 srl will refund (on the payment card or bank account or PayPal indicated by the same for the purchase) the price.
    • Only upon proposal by 1882 srl and prior agreement with the CUSTOMER, 1882 srl may send a PRODUCT different from the one ordered and of equivalent value.
    • 4.3Prices of the PRODUCTS sold on the SITE are inclusive of VAT and are prices practiced to the public by the individual merchant. 1882 srl reserves the right to modify them at any time. Any changes to the prices of the PRODUCTS will not, however, be effective against the CUSTOMER who has already placed an order.
    • 4.4The Seller undertakes to do everything necessary to respect the shipping times, but cannot in any case be held responsible for damages or inconveniences caused by any delivery delays attributable to the carrier.

     

    5 Rights and obligations of the CUSTOMER

     

    • 5.1The CUSTOMER is solely responsible for the truthfulness and correctness of the information and data provided to 1882 srl, and, in case of registration, undertakes to promptly communicate any changes to the data entered in the "My Account" section of the SITE.
    • 5.2The CUSTOMER, upon confirming the purchase order:
    • a) confirmation of having read, understood, and accepted the General Terms and Conditions;
    • Confirm the truthfulness of the entered data and that you are of legal age;
    • c) authorizes 1882 srl to process the personal data communicated at the time of purchase in accordance with the Privacy Policy.
    • 5.3The CUSTOMER undertakes, once the purchase procedure on the WEBSITE is completed, to save an electronic copy and print the CONTRACT and the T&C for the purpose of their storage, as indicated in the previous art. 2.1.
    • 5.4A summary of the order and purchased products will be automatically sent to the CUSTOMER via email upon completion of the purchase order. The transmission of the Order Form implies the CUSTOMER's unconditional acceptance and commitment to observe, in relations with the Seller, the present General Terms and Conditions of Sale. The Contract is concluded when the Customer receives the Order Confirmation. The Price may be subject to updates until the final sending of the Order Form. The submission of the Order Form implies the confirmation and acceptance of the Price.
    • 5.5At the time of delivery of the PRODUCTS to the CUSTOMER by the carrier responsible for their transportation, the CUSTOMER must check, in the presence of the carrier:
    • Ensure that the quantity and type of PRODUCTS ordered match what is indicated in the shipping document;
    • Ensure that the packaging used for transportation is intact, undamaged, wet, or otherwise altered, even in the closure materials;
    • Ensure that the quantity and type of PRODUCTS delivered match what was ordered.
    • Any anomalies or discrepancies with respect to the order must be immediately reported to the carrier at the time of receiving the PRODUCTS, by making a specific note on the transport document. At the time of delivery by the courier of the purchased Product, the CUSTOMER is required to check that the number of packages delivered corresponds to what is indicated on the transport document and that the packaging is intact, not damaged, wet, or otherwise altered, including closure materials (adhesive tape or metal straps).
    • Once the courier document is signed without reservations, the CUSTOMER will not be able to raise any objections regarding the external characteristics of the delivered items, and the risk of loss or damage to the Products will be transferred to the CUSTOMER in all respects.
    • e) In case the received products are damaged, incomplete, or inaccurate, the CUSTOMER must take photos of the package, both outside and inside, keeping visible the label, number, batch, and product, and open a written dispute attaching the photographic material to "ordini@olivieri1882.com" within 3 days from receiving the goods. In the absence of photographic material, the Seller will not be able to consider the dispute. Similarly, the Seller will not examine any dispute related to a product that has been thrown away or consumed, in whole or in part, or stored in an unsuitable place or exposed to contaminating agents.
    • 5.6For support or complaints regarding the PRODUCTS purchased, the CUSTOMER can contact 1882 srl at the contact details indicated on the WEBSITE under "CONTACTS". It is understood that any damage, delay, or inconvenience derived from or attributable to the incorrectness or untruthfulness of the personal data entered during the purchase procedure, or subsequently modified, cannot in any case be attributed to the Seller.
    • 5.7In accordance with the terms established by article 3.6., the Customer is informed that in case of choosing the "Christmas Shipping" option, the seller undertakes to start the shipment within the time frame from December 10th to 17th, while not being responsible for any delivery delays attributable to the carrier.

     

    6. Using the WEBSITE

     

    • 6.11882 srl does not assume any responsibility for problems caused to the CUSTOMER by the use of the SITE and the technologies employed, as they are not dependent on its own will, such as, by way of example:
    • a) errors, delays, or impossibility in accessing the WEBSITE by the CUSTOMER during the sales procedure;
    • b) errors, delays, or impossibility in receiving, by the CUSTOMER, the communications made by 1882 srl in relation to the sale of the PRODUCTS.

     

    Cancellation and modificationsNo text providedOrder

     

    • 7.1It is not possible to cancel an order once the Order Confirmation has been received, therefore after the shipment has been processed. In case of any changes to the order by the CUSTOMER, the latter is informed that the seller may not be able to guarantee the same delivery times.
    • 7.2The Seller is not obliged to refund the CUSTOMER for the goods that the latter refuses to collect and sends back to the sender. In the event that the CUSTOMER requests the rejected product again, they will be responsible for the return costs to the sender as well as the costs of the new delivery.

     

    8 Right of withdrawal

     

    • 80.1In accordance with articles 52 and following of the Consumer Code, the CUSTOMER has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, within the terms and methods indicated in this article, except for the exceptions provided for in article 59 of the Consumer Code (as detailed in point 8.5).The CUSTOMER is therefore informed that for the type of product that can be purchased on this Website, the right of withdrawal never applies, as indicated in point 8.5 letter c).       
    • 8.2The CUSTOMER may exercise the right of withdrawal by informing 1882 srl before the expiration of the withdrawal period through an explicit declaration of the decision to withdraw from the CONTRACT to be sent by post (the postmark will be valid) to 1882 srl, via Alberti 13, Arzignano (VI) 36071, specifying name and surname, order number, order date, and product reception date. 1882 srl will eventually communicate the confirmation of the impossibility to exercise the withdrawal in the cases provided for in art. 7.5.
    • To make it easier, you can download the standard withdrawal form pursuant to art. h, paragraph 1, Legislative Decree 21 February 2014, no. 21
    • 8.3In case of exercising the right of withdrawal, the CUSTOMER is required to return the PRODUCT to 1882 srl. It is specified that:
    • - the deadline for returning the PRODUCT is 14 (fourteen) days from the date of communication to 1882 srl of the intention to withdraw from the CONTRACT. For the purpose of calculating the deadline, the PRODUCT is considered returned when it is delivered to the post office or another accepting carrier;
    • - the substantial integrity of the PRODUCT to be returned is an essential condition for the exercise of the right of withdrawal;
    • - the return costs of the goods (including shipping, packaging, and wrapping costs) to 1882 srl are the responsibility of the CUSTOMER, who must send the PRODUCT properly packaged and wrapped; 1882 srl does not accept damaged returns, only if they are intact and in a normal state of preservation, kept with the use of normal diligence. The CUSTOMER must include a copy of the transport document inside the packaging box.
    • 8.4If the CUSTOMER exercises the right of withdrawal in accordance with the provisions of these GTC, 1882 srl will refund the amounts paid by the CUSTOMER for the purchase of the PRODUCTS.
    • The refund will be processed free of charge, within 14 (fourteen) days from the date on which 1882 srl became aware of the exercise of the right of withdrawal by the CUSTOMER, using the same payment method used by the consumer. 1882 srl will withhold the refund due to the CUSTOMER for the return until the PRODUCTS are received. The CUSTOMER is only responsible for any decrease in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
    • 1882 srl declines any responsibility for any delays in crediting, which depend on the banking institution, PayPal, or the type of card used for payment.
    • 8.5Under Article 59, paragraph 1 of Legislative Decree 6 September 2005, no. 206 (Consumer Code),You cannot exercise the right of withdrawal, among others, in the following cases:
    • - for PRODUCTS packaged to measure or clearly personalized;
    • - for PRODUCTS that, by their nature, cannot be returned due to the risk of deterioration or expiration;
    • - for PRODUCTS that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery;
    • The right of withdrawal applies to the PRODUCT purchased in its entirety; therefore, if the PRODUCT is composed of multiple components or parts, the right of withdrawal cannot be exercised only on part of the purchased PRODUCT.
    • 8.6The right of withdrawal is considered exercised correctly if the following conditions are fully respected as well:
    • The email requesting to exercise the right of withdrawal must contain the order code;
    • The products related to the order for which the right of withdrawal is exercised must be sent to the Seller in a single shipment. The Seller reserves the right not to accept products from the same order, returned and shipped at different times.

     

    9 Products

     

    • 9.1The images and videos presenting the PRODUCTS accompanying the descriptive information are published on the WEBSITE for illustrative purposes only and are merely representative, considering that the quality of the images (for example in terms of accurate color display) may depend on the software and computer tools used by the CUSTOMER at the time of connecting to the WEBSITE. The images and colors of the Products offered for sale may not correspond to the real ones due to the Internet browser and monitor used by the CUSTOMER. It is understood, therefore, that the Seller is not responsible for any inaccuracies due to the malfunction of the device used by the CUSTOMER. The Seller reserves the right to modify the packaging of the Product at any time. The Seller pays the utmost attention to the correspondence between what is described and presented on the Website and what is reported on the label on the Product packaging. In any case, if differences are found, the label and the instructions for use of the Product provided with it will always prevail.
    • 9.2In case of non-conformity defects of Products sold by 1882 srl, the customer must immediately contact Customer Service. The legal guarantees provided for by articles 129, 130, and 132 of the Consumer Code apply to the sale of products.

     

    10 Returns

     

    • 10.1The return procedure is only initiated following a request to exercise the right of withdrawal by the CUSTOMER. In any case, the Seller will verify the actual existence of the necessary conditions for the opening of a return procedure.
    • 10.2Upon opening a return procedure, the Seller will send an email containing the description of the Product return methods.
    • 10.3The shipping costs for returning the Product to the warehouse indicated by the Seller are borne by the CUSTOMER. The Seller offers the possibility to have the product picked up by an express courier, directly at the address indicated by the CUSTOMER. The cost varies depending on the Product being returned, and the amount is communicated before the online return procedure is finalized. The cost will be deducted from the total refund amount.
    • 10.4The shipment, until the certificate of receipt at the warehouse indicated by the Seller, is under the complete responsibility of the CUSTOMER. Upon arrival at the address indicated by the Seller, the Product will be examined to assess any damages or tampering not resulting from transportation. If the original packaging is damaged, the Seller will withhold from the due refund a percentage equal to the respective loss of value of the Product for product disputes.
    • 10.5The return package must necessarily contain a copy of the Order Confirmation sent to the email address provided by the CUSTOMER or the waybill letter present on the package at the time of receipt.

     

     11 Law applicable and jurisdiction

     

    • 11.1The present Terms and Conditions, their validity, interpretation, and execution are governed by Italian law.
    • 11.2For civil disputes in the event that the buyer is a private individual acting for purposes unrelated to the conduct of business or their own professional activity, the exclusive territorial jurisdiction lies with the judge of the place of residence or domicile of the consumer, if located within the territory of the state. In all other cases, exclusive jurisdiction will be that of the Vicenza court.

     

    12 Changes and Updates

     

    The Seller reserves the right to modify these General Terms and Conditions of Sale at any time, also in consideration of any regulatory changes; any new rules will be effective from the moment of their publication on the Website and will apply to sales made from their publication.

     

    Under articles 1341 and 1342 of the Italian Civil Code, as well asIt isArticle 33 and following of the Consumer Code, the Customer expressly declares to have read, understood, and expressly accepted the following articles of these General Terms and Conditions of Sale:

    Article 3 sales procedure and payments;

    art. 4 rights and obligations of the seller;

    Article 5 Customer's rights and obligations;

    Article 7 Cancellation and modificationsNo text providedorder;

    art. 8 Right of withdrawal;

    Article 9 Products;

    Article 10 Returns;

    Article 11. Applicable law and dispute resolution;

    Article 12 Changes and Updates