Terms of service
Terms and conditions of service
- 1 These General Conditions for Online Sale online (hereinafter "GCS") govern the contract (hereinafter the "CONTRACT") for the sale of products (hereinafter the "PRODUCT" or the "PRODUCTS") on the website www.olivieri1882.com (hereinafter the "WEBSITE"), owned by the company 1882 S.r.l., with registered office and administrative headquarters in Arzignano, at Via Stadio n.. 3613, VAT and Tax ID Code. 03964530244 (hereinafter also "THE SELLER") and purchased electronically by the users of the WEBSITE (hereinafter the "CUSTOMER").
- 2 These General Terms and Conditions of Sale apply to the offer of Products, as defined below, to consumers (meaning consumers, pursuant to clause 3, co. 1, lett. a, of the Legislative Decree. 6 September 2005 no. 206, individuals acting for purposes not related to their commercial or professional activity), as well as the submission and acceptance of online purchase orders between the Seller and a consumer. Therefore, the rules set forth in Legislative Decree no. 206/2005, c.d. Consumer Code and in Legislative Decree no. 70/2003 on electronic commerce.
- 3 The submission of an order for the purchase by the CUSTOMER of one or more products on the WEBSITE implies the acceptance of these GCS by the CUSTOMER. The Seller invites you to carefully read these General Conditions of Sale before making any purchase through the Website.
- 4 In these General Terms and Conditions of Sale, the following terms shall have the meanings specified below:
- Contract: contract of sale having as its purpose a Product, which is concluded between the consumer and the Seller through a sales system organized on the Website, to which these conditions apply.
- Customer: the final consumer, i.e. the natural person who acts for purposes not related to his/her commercial or professional activity and is authorized to operate on the Website in order to purchase Products, according to the methods indicated in these General Conditions of Sale.
- Order Confirmation: final summary of the details relating to the Contract, sent to the Customer via e-mail once payment has been made and the preparation of the order for shipment by the Seller has begun (as regulated by these General Conditions of Sale). Receipt of the Order Confirmation by the Customer constitutes the moment in which the Contract is perfected. In detail, this document contains the list of the Products actually purchased together with their main characteristics, including the Price. It will also contain all the information relating to shipping details, costs and the required shipping method. The total cost of the order (with and without VAT) and the main payment information will also be indicated. Finally, the document in question will contain references to the General Conditions of Sale, the general conditions for Website and the Seller's tax details (name, legal form, registered office, entry in the register of companies, tax ID code, VAT number and person in charge).
- Order Form: the form present on the website to enter and register data of the Customer who intends to conclude a Contract and which will be sent electronically to the Seller.
- Price: the contractual consideration, including VAT. For shipments in Italy, of an amount equal to or greater than € 28.00, shipping costs are included in the Price, while for foreign countries they are excluded from the Price and calculated at the time of data entry.
- Product/s: the items in the electronic catalogue published on the Website, as described in the relevant product sheets.
- Shipping: phase of treatment and preparation of the products, consequent to the order confirmation, which ends with the delivery of the package to the carrier;
- Delivery: phase starting from the delivery of the package to the carrier in charge of the delivery until the arrival to the recipient;
- Effectiveness and amendments to the GCS
- 1 The GCS applicable to the sale of PRODUCTS are those published on the WEBSITE on the date of the order of the PRODUCTS. The CUSTOMER may easily store the GCS on a durable medium and reproduce them on paper by printing them in accordance with the provisions of the Consumer Code.
- 2 The Seller reserves the right to amend these General Conditions of Sale at any time; any amendments and/or additions will enter into force from the time of their publication on the WEBSITE and will apply to sales made after their publication. The CUSTOMER is therefore obliged to periodically check the publication of the latest GCS.
- 3 Based on the specific nature of the PRODUCTS, some sales campaigns may be subject to special conditions of sale in addition to these GCS. Such special conditions, if any, will be accessible and viewable in the "description" section of the specific showcase through the appropriate link. By purchasing the PRODUCT from these sales campaigns, the CUSTOMER accepts the relevant special conditions in addition to these GCS.
- Sales procedure and payments
- 1 The offer of PRODUCTS presented on the WEBSITE is subject to their actual availability. The Seller reserves the right not to follow up on orders from persons who do not fall within the definition of Customer, or orders that do not conform to its commercial policy. The Seller shall in no case be held responsible for the temporary unavailability of one or more Products.
- 2. Payment can be made by credit card or PayPal. The charge will be made within 12 hours of the CUSTOMER sending the order confirmation.
- 3. The sending of the Order Form is also considered as acceptance of a possible partial delivery, limited to the Products available within those ordered, as well as a waiver to claim 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 Products that are not available according to the procedures described below.
- 4 In the event of multiple orders, as many CONTRACTS are entered into as there are PRODUCTS ordered. The effectiveness of each CONTRACT is subject to the actual availability of the PRODUCT, as specified in the following clause 4.2.
- 5 The essential characteristics of the PRODUCTS, including the price including VAT and shipping costs, can be viewed and known by the CUSTOMER at a time prior to the conclusion of the CONTRACT and the making of payment. In particular, the essential characteristics of the PRODUCTS can be viewed by accessing the data 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 has been received, 1882 srl will send the CUSTOMER a receipt containing a summary of the information relating to the sale and will proceed to process the order with shipment within 5 (five) working days, except for shipments marked as "Easter Shipment" and/or "Christmas Shipment", for which shipping will take place in the period of time indicated at the time of the CUSTOMER's choice of the relevant method.
- 6 The prices indicated on the WEBSITE do not include any taxes, duties or levies applicable in the country of destination of the products and/or services if this is different from Italy. These costs, which differ from country to country, are borne by the CUSTOMER, who is responsible for verifying the amount with the competent customs authorities.
- 7 If the CUSTOMER chooses the "Christmas shipment" option, the Seller assumes the obligation to dispatch the shipment in the time window from 10th to 15th December, but does not assume responsibility for the time of arrival of the products at destination, as this is attributable to the delivery time of the carrier.
- Similarly, 1882 srl cannot guarantee delivery before Easter Sunday in the event that orders are received after the deadline of 20 days beforehand.
- 8 The CUSTOMER understands that due to the national emergency as a result of Covid-19, couriers may not deliver within the usual times.
- SELLER’S Rights and Obligations
- 1 1882 srl, without prejudice to the provisions of the following clause 4.2. It undertakes to ship the PRODUCTS to the address communicated by the CUSTOMER in the purchase order or, if applicable, through the carrier responsible for transporting the PRODUCTS themselves. 1882 srl cannot be held responsible for errors in the shipment due to inaccuracies or incompleteness in the completion of the purchase order by the CUSTOMER, such as, by way of example but not limited to, errors in the indication of the address or telephone number or for any changes to data subsequently made to the CUSTOMER. 1882 srl cannot be held responsible for delays in delivery attributable to the CUSTOMER. Delivery is made by express courier; P.O. Boxes are not considered valid addresses for delivery purposes.
- 2 1882 srl reserves the right to notify the CUSTOMER, within 15 days of purchase, at the email address associated with the CUSTOMER, of the possible unavailability of one or more of the PRODUCTS purchased. In this case,1882 srl will refund (to the payment card or bank account or Pay Pal as used to make the purchase) the price.
- Exclusively upon proposal of 1882 srl and previous agreement with the CUSTOMER, 1882 srl may send a different PRODUCT to the one ordered, but of equivalent value.
- 3 The prices of PRODUCTS sold on the WEBSITE are inclusive of VAT and are prices charged to the public by the individual merchant. 1882 srl reserves the right to make changes to them at any time. Any changes to the prices of the PRODUCTS will not, however, effective to the CUSTOMER who has already placed an order.
- 4 The Seller undertakes to do everything necessary to respect the delivery times, but cannot in any case be held responsible for damage or inconvenience caused by possible delays in delivery attributable to the carrier.
- Rights and obligations of the CLIENT
- 1 The CUSTOMER is the only person 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 in the data entered in the "My Account" section of the WEBSITE.
- 2 TheCUSTOMER, upon confirmation of the purchase order:
- a) confirms that he/she has read, understood and accepted the GCS;
- b) confirms the truthfulness of the data inserted and that he/she is of age;
- 3 The CUSTOMER agrees, once the purchase process on the WEBSITE is completed, both to save an electronic copy and to print out the CONTRACT and the GCS in order to preserve same, as indicated in the previous clause 2.1.
- 4 A summary of the order and the products purchased will be sent to the CUSTOMER by e-mail automatically at the conclusion of the purchase order. The transmission of the Order Form implies unconditional acceptance by the CUSTOMER and the commitment to observe, in relations with the Seller, these General Conditions of Sale. The Contract is concluded when the Customer receives the Order Confirmation. The Price may be subject to updates until the final submission of the Order Form. Submission of the Order Form implies confirmation and acceptance of the Price.
- 5 Upon delivery of the PRODUCTS to the CUSTOMER by the carrier responsible for their transport, the CUSTOMER shall check, in the presence of the carrier:
- a) that the quantity and type of PRODUCTS ordered corresponds to what is indicated in the transport document;
- b) that the packaging used for the transport is intact, not damaged, wet or otherwise altered, even only in the closing materials;
- c) that the quantity and type of PRODUCTS delivered correspond to the actual order.
- Any anomalies or discrepancies with respect to the order must be reported immediately to the carrier upon receipt of the products, making a special note in the transport document. At the time of delivery by the carrier of the purchased Product, the CUSTOMER is required to check that the number of packages delivered corresponds to that indicated in the transport document and that the packaging is intact, undamaged, or wet or otherwise altered, including the sealing materials (adhesive tape or metal strapping).
- 5 Once the courier's document has been signed without reservation, the CUSTOMER may not object in any way to the external characteristics of the goods delivered and the risk of loss of or damage to the Products shall be transferred to all effects to the CUSTOMER.
- 6. In the event that the products received are damaged, incomplete or inaccurate, the CUSTOMER must photograph the package, both outside and inside keeping visible, label, number, batch and product, failing which the Seller will not be able to consider the complaint. Likewise, no claim relating 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, shall be investigated by the Seller.
- 6 For support or complaints about the products purchased, the customer can contact 1882 srl at the addresses listed on the website under "Contact". It is understood that any damage, delay or inconvenience deriving from or attributable to the incorrectness or untruthfulness of the personal data entered during the purchase procedure, or in any case subsequently modified, cannot in any case be attributed to the Seller.
- 7. Due to the terms established by article 3.6., the Customer is informed that in case of choosing the "Christmas shipment" type, the Seller assumes the obligation to dispatch the order in the time window from 10th to 15th December, while he is not responsible for possible delays in delivery attributable to the carrier.
- Use of the WEBSITE
- 1 1882 srl does not assume any responsibility for the problems caused to the CUSTOMER by the use of the WEBSITE and the technologies used as they do not depend on its own will, such as, by way of example:
- a) errors, delays or inability to access the WEBSITE by the CUSTOMER during the execution of the sale procedure;
- b) errors, delays or inability to receive, by the customer, communications made by 1882 srl in relation to the sale of products.
- Cancellation and modification of the Order
7.1 It is not possible to cancel an order once the Order Confirmation has been received and the shipment has been processed. In the event of a change in the order by the CUSTOMER, the latter is aware that the seller may not be able to guarantee the same delivery times.
7.2. the Seller is not obliged to reimburse the CUSTOMER for goods that the latter refuses to collect and returns to the sender. Should the CUSTOMER request the refused product again, he/she will be responsible for the costs of returning it to the sender as well as the costs of the new delivery.
- Right of withdrawal
- 1 Pursuant to 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 in the manner indicated in this article, but subject to the exceptions set out in art. 59 of the Consumer Code (as detailed in section 8.5). The CUSTOMER is therefore aware of the fact that for the type of product purchased on this Website the right of withdrawal never applies, as indicated in paragraph 8.5 letter c).
- 2 The CUSTOMER may exercise the right of withdrawal by informing 1882 srl before the expiry of the withdrawal period through an explicit declaration of the decision to withdraw from the CONTRACT to be sent by post (as evidenced by the postmark) to 1882 srl, via Alberti 13, Arzignano(VI) 36071, specifying name and surname, order number, order date and date of receipt of the PRODUCT. 1882 srl will notify any confirmation of the impossibility to exercise the withdrawal in the cases provided for in clause. 7.5.
- For your convenience, you can download the withdrawal form pursuant to lett.h paragraph 1, Lgs. decree February 21, 2014, no. 21
- 3 In case of exercising the right of withdrawal, the CUSTOMER must return the PRODUCT to 1882 srl. To this end, it should be noted that:
- - the term for the return of the PRODUCT is 14 (fourteen) days from the date of communication to 1882 srl of the intention to withdraw from the CONTRACT. For the purposes of calculating the time limit, the PRODUCT is deemed to be returned at the time it is delivered to the post office or other accepting carrier;
- - the substantial integrity of the PRODUCT to be returned is an essential condition for the exercise of the right of withdrawal;
- - the costs of returning the goods (including shipping, packaging and packing) to 1882 srl are charged to the CUSTOMER, who must send the PRODUCT duly packed and packaged; 1882 srl does not accept damaged returns, but only if intact and in normal condition, kept with the use of normal diligence. The CUSTOMER must place a copy of the transport document inside the packaging box.
- 4 If the CUSTOMER exercises the right of withdrawal in accordance with the provisions of these GCS, 1882 srl will refund the amount paid by the CUSTOMER for the purchase of the PRODUCTS.
- The refund will be made 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 through the same method of payment used by the consumer. 1882 srl will retain the refund due to the CUSTOMER for the return until receipt of the PRODUCTS. The CUSTOMER is only liable for the 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 refuses to accept any responsibility for any delays in the refund, which depend on the bank, PayPal or the type of card used for payment.
- 5 Pursuant to Clause. 59 co. 1 Legislative Decree. 6 September 2005 no. 206 (Consumer Code), you cannot exercise the right of withdrawal, among others, in the following cases:
- - for tailor-made or clearly customized PRODUCTS;
- - for PRODUCTS which, by their nature, cannot be returned because of the risk of deterioration or rapid expiry;
- - for PRODUCTS that are not suitable for return for hygienic or health protection reasons and that have been opened after delivery;
- The right of withdrawal applies to the PRODUCT purchased in its entirety; therefore, if the PRODUCT is made up of several components or parts, the right of withdrawal cannot be exercised only on part of the purchased PRODUCT.
8.6 The right of withdrawal shall be deemed to have been exercised correctly if the following conditions are also fully met:
- the email requesting the right of withdrawal contains the order code;
- the Products relating to the order for which the right of withdrawal is exercised are sent to the Seller in a single shipment. The Seller, in fact, reserves the right not to accept products of the same order, returned and shipped at different times.
- 1 The images and videos of presentation of the PRODUCTS accompanying the descriptive information are published on the WEBSITE as an example and are merely representative, taking into account that the quality of the images (for example in terms of exact display of colours) may depend on software and computer tools used by the CUSTOMER at the time of connection to the WEBSITE. However, the images and colours of the Products offered for sale may not correspond to the real ones due to the effect of the Internet browser and monitor used by the CUSTOMER. It is therefore understood that the Seller shall not be liable for any inaccuracies due to the malfunction of the device used by the CUSTOMER. The Seller reserves the right to change 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 written on the label on the packaging of the Products. In any case, if there are any differences, the label and the instructions for use of the Product supplied with it shall always prevail.
- 2 In case of conformity defects of Products sold by 1882 srl the customer must immediately contact the Customer Service. The legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code apply to the sale of products.
10.1 The return procedure is only opened following a request to exercise the right of withdrawal by the CUSTOMER. In any case, the Seller will verify the actual existence of the conditions necessary for the opening of a return procedure.
10.2 Following the opening of a return procedure, the Seller will send an email containing a description of how to return the Product.
10.3 The shipping costs for returning the Product to the warehouse indicated by the Seller shall be borne by the CUSTOMER. The Seller offers the possibility of collecting the product via an express courier, directly at the address indicated by the CUSTOMER. The cost varies according to the Product being returned and the relative amount is communicated before the online return procedure is finalized. The cost will be deducted from the total reimbursement amount.
10.4 The shipment, until the certificate of receipt at the warehouse indicated by the Seller, is under the full responsibility of the CUSTOMER. Upon arrival at the address indicated by the Seller, the Product will be examined to assess any damage or tampering not resulting from transport. If the packaging and/or the original packaging are damaged, the Seller will deduct from the refund due a percentage equal to the respective loss of value of the Product. for product disputes.
10.5 The returned package must contain a copy of the Order Confirmation sent to the email address indicated by the CUSTOMER or of the waybill present on the package at the moment of receipt.
- Applicable law and jurisdiction
- 1 These GCS, their validity, interpretation and execution are governed by Italian law.
- 2 In the case of civil proceedings where the purchaser is an individual acting for purposes which are outside his trade or profession, the mandatory jurisdiction shall lie with the courts for the place of residence or domicile of the consumer, if situated within the territory of the State. In all other cases, the Court of Vicenza shall have exclusive jurisdiction.
- Changes and updates
The Seller reserves the right to modify these General Sales Terms and Conditions at any time, also in consideration of possible regulatory changes; any new rules will be effective from the moment of their publication on the Websiite and will apply to sales made after their publication.
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, as well as 33 and following of the Consumer Code, the Customer expressly declares to have read, understood and expressly accepted the following articles of these General Conditions of Sale:
Clause 3 sales procedure and payments;
Clause 4 seller's rights and obligations;
Clause 5 rights and obligations of the Customer;
Clause 7 Cancellation and changes to the order;
Clause 8 Right of withdrawal;
Clause 9 Products;
Clause 10 Returns;
Clause 11. Applicable law and dispute resolution;
Clause 12 Amendments and updates