General Sales Conditions
Art. 1 – General Provisions
- These General Sales Conditions are applied exclusively to the sale of Extra Virgin Olive Oil with the
Olio Mimì brand , achieved on the website www.oliomimi.com, in compliance with the civil code ,
the legislative decree n. 70/03, the Consumer Code ( Legislative Decree n. 206/05) and subsequent
- The sale is achieved by the Donato Conserva Agricultural Company, based in MODUGNO (BARI –
ITALIA) at Via Imbriani 44, VAT Number 07295110725, registered at Bari Chamber of Commerce :
number REA BA-548585, telephone +39.080.5327751 – Fax: +39.080.5367809 – mobile phone +39.346.3944870 / +39.348.7663710 – e-mail email@example.com – PEC firstname.lastname@example.org.
- By browsing this area the user enters the Olio Mimì site using the url https://www.oliomimi.com, (hereafter referred to as the “site”). The transmission of a purchase order from the site includes the acceptance of the general sales conditions and personal data protection policies adopted by the site itself, the user is invited to print, read and accept.
- Olio Mimì reserves the right to modify these general terms unilaterally without notice.
- It is possible to use the site and then access the products supplied and purchase them also in English language.
Art. 2 – Object
- These General Sales Conditions regulate exclusively the sale of Extra Virgin Olive Oil under the Olio Mimì brand , with the characteristics expressly reported in the product catalog on the site.
- These General Sales Conditions do not regulate the supply of services or the sale of products by parties other than Olio Mimì, which may be present on the same site through links, banners, or others hypertext links for which Olio Mimì is not responsible.
Art. 3 – Contract Termination
- To purchase Olio Mimì products on the website www.oliomimi.com, the user selects the products from the “catalog” existing on the site; adds them to the cart and proceed to “CHECKOUT” by entering the required user data in the concerned areas for the ordering, delivery and invoicing; selects the shipping and payment methods among those proposed. The order will be forwarded to Olio Mimì by pressing the “PLACE ORDER ” button, after the accepting of these general sales conditions and after confirming that by pressing the “PLACE ORDER ” button, the user will be obliged to pay for the goods purchased. In case of an error regarding the goods of the order , the user can cancel the order before payment.
- After sending the order, the user proceeds with the payment. In case of payment by bank transfer, the order confirmation email will report that the order will be pending until payment is received.
- Olio Mimì, after checking the user data provided are correct, sends an e-mail to the user e-mail address provided, regarding the order confirmation, payment, any change in the order status, communication of order cancellation . Olio Mimì is not responsible for the failure to receive the emails for facts due to the user.
- The order contains the characteristics of the purchased product, price including taxes and transport costs, payments and delivery methods referring to these General Sales Conditions, to the right of withdrawal, the methods and times for returning the purchased products and the refund in case of withdrawal.
- Orders are stored on the website www.oliomimi.com. The user, by entering the personal area using the credentials provided when registering on the site, will be able to modify his own data, send communications and/or complaints, view the story and the orders status, cancel pending orders awaiting for payment.
Art. 4 – Registered Users
- By achieving the registration procedures, the user will follow the instructions on the site and provide his own data correctly and thruthfully.
- The confirmation will in any case exempt Olio Mimì from any responsibility for the data provided by the user. The user will promptly inform Olio Mimì of any change of his own data at any time provided.
- If the user sends wrong or incomplete data, or even in case of a dispute by interested parties in the payments fulfilled, Olio Mimì will have the right to stop the service until the correct or complete data is provided , and the related disputes are resolved.
- During the first request for a profile activation by the user, Olio Mimì will give the same username and a password. The latter reccognizes these identifiers represent the system for validating the user’s access to the Services and the only system suitable to identify the user, and that the actions made through such access will be attributed to him with a binding effect.
- The user will keep his access data secret , protect them with care and attention and not transfer them, even temporarily, to third parties.
Art. 5 – Products availability
- The products availability for sale on the website www.oliomimi.com refers to the current availability of the product at the time of the order.
- If the purchased product is not fully or partially available , the user will promptly be informed, so that to choose whether to replace the missing product, wait for the product to become available again, modify or cancel the order.
- If the user asks for the total order cancellation, Olio Mimì will refund the amount paid within 14 days from the moment in which Olio Mimì became aware of the user’s decision to cancel the order. The refund will be made through the same payment method used by the user during the purchase, unless the user has differently agreed.
- If the user asks for a partial order cancellation, Olio Mimì will refund only the price of the products not purchased within the 14 days from the moment in which Olio Mimì became aware of the user’s decision to cancel the order. The refund will be made through the same payment method used by the user during the purchase, unless the user has differently agreed.
Art. 6 – Payment methods and Prices
- The price of the products will be that indicated from time to time in the product catalog on the site.
- The prices of the products for sale on the site include VAT; they can change at any time. The change do not refer orders with the confirmation already sent.
- In case of a mistake in the price offered, Olio Mimì will notify the user with the order confirmation at the right amount or cancellation. In any case Olio Mimì is not forced to supply what is sold at a lower price wrongly reported.
- Once the desired products have been selected , they will be added to the cart. It will be sufficient to follow the purchase instructions , by entering and verifying the information requested at every stage of the process. The order details can be modified before payment.
- Payment can be done exclusively through the payment methods reported on the site.
Art. 7 – Delivery
- Olio Mimì carries out shipments all over Italy in the ways reported on the site and are indicated to the user at the moment of the order.
- The delivery will be made by the courier at the address indicated by the user at the moment of the order.
- For the Italian territory, the delivery is made , under the conditions indicated by the courier, approximately in 48-72 hours from the order confirmation, but may change depending on the shipping method selected by the user ; in any case, the delivery will take place within a maximum term of thirty days from order confirmation.
- Regarding deliveries abroad (European Union or non European Union Countries) the delivery will be made approximately in 14 working days from the order confirmation, in any case, within the maximum term of thirty days from the order confirmation.
- The delivery takes place from Monday to Friday. Saturday, Sunday and public holidays excluded.
- Shipping costs are clearly reported when the purchase order is placed.
Art. 8 – Transfer of risk
- For the consumer user, the risks related to the purchased products will be on the user charge from the moment the goods are deliverd to the user or to a third party designed by him. The ownership of the products can be considered complete when the full payment of all amount due, includiong shipping costs, has been received.
- For the non-consumer user, the risk concerning the products will be on the user charge upon delivery to the courier.
Art. 9 – Warranty and commercial compliance
- If the user is a consumer, in compliance with art. 132 of the Consumer Code (Legislative Decree n. 206/05), the seller is responsible when the lack of conformity occurs within two years from the delivery of the goods.
- The consumer user loses his rights referring legal guarantee if he doesn’t report the lack of conformity in writing to the seller within two months from the date on which he discovered the defect.
- If the user is not a consumer, the seller is responsible (art. 1490 of the Civil Code) when the lack of conformity occurs within one year form the delivery of the goods. The non-consumer user loses his rights referring legal guarantee if he doesn’t report the lack of conformity to the seller in writing within eight days from the date he discovered the defect (art. 1495 of the Civil Code).
Art. 10 – Right of Withdrawal
- The user who entered into the contract as a consumer has got the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days in compliance with art. 57 of the Consumer Code (Legislative Decree 206/2005) starting from the date of product receipt. In case of multiple purchases made by the user with a single order with separate deliveries, the term of 14 days starts from the date of receipt of the last product.
- The user who would exercise the withdrawal right should send by writing the decision to withdraw from the order to Olio Mimì using one of the following ways : by registered letter with return recipt to AZIENDA AGRICOLA DONATO CONSERVA – Via Imbriani 44 – 70026 MODUGNO (BARI); by fax to the number +39.080.5367809; by e-mail to email@example.com; by PEC to firstname.lastname@example.org.
- Alternatively, the user can send this standard withdrawal form referred to Annex I section B, Legislative Decree 21/2014, by email to email@example.com.
Download the form to fill in
- In case of withdrawal by the consumer the goods must be resent to AZIENDA AGRICOLA DONATO CONSERVA Contrada Gravinella S.N. 70026 MODUGNO at the user’s expenses, intact, sealed, in the original packaging, complete in all its parts with the tax documentation attached.
- The right to withdrawal is however subject to the following conditions: a) The withdrawal applies to the product purchased in its entirety, hence the user cannot exercise the withdrawal on a part of the product purchased; b) the shipping costs for the returning goods are charged to the user ; c) the user is responsible for the shipment until Olio Mimì has received the returned goods ; d) Olio Mimì is not responsible in any way for damages, theft, loss of goods returned by uninsured shipments; e)in case of damage of the returned goods during the returning trip; f) the user cannot exercise in any way the right of withdrawal for perishable goods with an expiring date less than or equal to 10 days.
In case , as referred to letters e) and f), Olio Mimì will notify the user at the email address indicated by the user within 5 working days from the receipt of the goods at their headquarters, to allow the user to submit the complaint to the courier he selected to obtain the refund of the goods if insured. In this case , the product will be made available to the user for its return while the withdrawal request is cancelled.
- Withdrawal is excluded in the case of goods as in art. 59 of Legislative Decree n. 21/2014, (just to specify without detailing, the products marketed on the site that are most likely to be subject to this exclusion , namely : art. 59 letter c) supply of goods made to measure or clearly personalized; art. 59 letter d) supply of goods that risk to deteriorate during the transport or expire rapidly; art. 59 letter e) supply of sealed goods which cannot be returned for hygienic reasons or related to health protection and have been opened after delivery; art. 59 letter f) supply of goods which, after the delivery are by their nature, inseparably mixed with other goods). In case of withdrawl exclusion the products, if already received by Olio Mimì, will be returned to the user charged with the shipping costs.
- Beside the right to verify compliance with the conditions and the existence of withdrawal right, Olio Mimì will refund the amount of the products subject to withdrawal within a maximum term of 14 days starting from the receipt of goods, as stated in art. 56 comma 3 of the Consumer Code (Legislative Decree 206/2005).
- Olio Mimì will refund using the same payment method selected by the user during the purchase, unless the user has differently agreed. In case of payment made by bank transfer and if the user intends to exercise his right to withdrawal , he must inform by writing in one of the ways selected from those reported in point 3 of this article, the bank details : IBAN, SWIFT and BIC necessary for the refund achievement; the refund will remain pending until the concerned communication will be received by Olio Mimì.
- As a result of exercising the withdrawal right, Olio Mimì will return the amounts including delivery costs, with the exclusion of any additional costs resulting from the selected delivery method different from the ordinary one offered.
- The right of withdrawal cannot be used in case of purchase by a non-consumer.
Art. 11 – Data Processing
- User data is processed in accordance with the provision of legislation about personal data protection, as detailed in the appropriate section containing the information in compliance with EU Regulation 2016/679 and legislative decree 196/03.
Art. 12 – Complaints – Dispute resolution, applicable law and competent court
- These General Sales Conditions are governed by the Italian Law and its interpretation. Hence, the interpretation, execution, and resolution of the General Sales Conditions are subject exclusively to the Italian Law. In case of a consumer user , any other mandatory rule prevailing in the country of the user regular residence is reserved.
- Any communication and/or complaint about the purchased products should be sent in writing by email to firstname.lastname@example.org or by means of the form in the reserved area to which the user will have access by entering the credentials received during the registration.
- For disputes resolution, resulting from this contract the user holding the status of Consumer resident in Europe, can contact the online platform https://ec.europa.eu/consumers/odr, which provides an alternative dispute resolution tool . This tool can be used by the consumer resident in Europe to resolve in a non judicial way any dispute regarding online sales contracts.
- Whatever is the result of the non judicial resolution procedure, for disputes resulting from this contract the possibility to be governed by the Italian Ordinary Judicial Authority is reserved.
- If the user qualifies as a consumer , any disputes should be resolved by the Court of the place of his domicile or residence. In case of user non consumer, the competent forum is the Court of Bari.
Art. 13 – Safeguard clause
If one of the clauses of these General Sales Conditions is null for any reason, this will in no case compromise the validity and the compliance with the other provisions contained in these General Sales Conditions.