Conditions of Sale

The object of these General Terms and Conditions of Sale (hereinafter "General Terms and Conditions") is the distance sale of products (hereinafter "Products" or "Product") through the e-commerce website www.frantoiopaganelli.it (hereinafter "Site") managed by the company Paganelli (hereinafter "Paganelli") as identified below:

Paganelli Benito Oil Mill
Via Felsine 369
47822 Santarcangelo di Romagna (RN)
VAT NUMBER: 00068790401

Distance sales contracts concluded through the Site are governed, in addition to these General Terms and Conditions, by Legislative Decree 206/2005 et seq. (hereinafter the 'Consumer Code') and by Legislative Decree 70/2003 (hereinafter the 'E-Commerce Decree').
The sales service is reserved for consumers (hereinafter referred to as 'Customers' or 'Client') as defined in Article 3 of the Consumer Code, i.e. natural persons acting for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out. These General Terms and Conditions form an integral and substantial part of the contracts stipulated and concluded through the Site and, pursuant to Article 12 of the Electronic Commerce Decree, may be viewed, stored and reproduced through the following link. These General Terms and Conditions may be changed at any time, subject to the conditions for contracts already concluded, the new conditions will be available on the Site.
For enquiries, disputes and complaints you can use the contact details on the Contact page.

Site Subscriptions

Access to the Site does not require registration on the part of the Customer. In order to proceed with purchase orders, the Customer must provide, in a correct, truthful and complete manner, all the data requested in the "Customer Data" form; such data shall be processed in compliance with the privacy regulations pursuant to Legislative Decree 196/2003.
The Customer is solely responsible for access to the Site using his or her credentials and undertakes to keep them confidential in order to prevent any abuse by third parties.

Product Information

The characteristics of the Products are set out in the information sheets published on the Site. The images contained in the information sheets are merely illustrative in nature and do not refer to the actual external characteristics of the Product. The indications on the label are the responsibility of the company Frantoio Paganelli Benito, which is solely responsible for their correctness and truthfulness. The Products present on the Site are limited in number, therefore Paganelli reserves the right to accept purchase orders according to actual availability.

Price of Products

The prices of the Products are expressed in Euros and are inclusive of taxes and duties; however, they do not include any taxes, duties and duties applicable by the country of destination of the Products, if this is different from Italy, which are to be borne by the Customer. The price of the Products does not include delivery charges, which will be indicated separately before the order is placed and which shall be borne by the Customer.

Ordering Products

On the Site, it is possible to order Products from the general catalogue and its sections divided into collections.
To order the Products, the Customer shall fill in an order form in electronic format and send it to Paganelli following the instructions on the Site:
- has the option of selecting one or more products which he will place in a virtual shopping cart that can be viewed and edited until the order is placed;
- must provide a valid e-mail address and shipping information; this information will be viewable and editable until the order is placed;
- must read and accept the General Terms and Conditions, the conditions for exercising the right of withdrawal, and the privacy policy.
By proceeding with the order until the placing of the order, the Customer declares: that he/she wishes to purchase the ordered Products; that he/she is aware of and accepts the price, delivery and payment conditions set out in the order procedure and in these General Terms and Conditions.

Order receipt confirmation

The placing of the order constitutes a purchase proposal addressed by the Customer to Paganelli. Following the forwarding of the order, the Customer will receive an e-mail confirmation of receipt of the order containing a summary of the general and particular conditions applicable to the contract, information relating to the characteristics of the Products with an indication of the price, means of payment, withdrawal, delivery costs and applicable taxes and duties. The confirmation of receipt of the order shall also contain the Customer's data, the accuracy of which the Customer is obliged to check and, if necessary, promptly request to correct.
Paganelli reserves the right not to accept, even partially, purchase orders received. In particular, the order shall not be accepted if the Products have become unavailable in the meantime and if the Customer has not paid the total cost of the order using the payment methods proposed on the Site. In the event of non-acceptance of the order, Paganelli shall inform the Customer, within 30 days starting from the day following the day on which the Customer forwarded the order, of the impossibility of accepting the order and shall refund any sums already paid by the Customer. The order shall be filed in the Site's database for the time necessary to process it. The Customer registered on the Site, accessing his area with his access credentials, will be able to view the orders forwarded and accepted.

Payment Methods

The Customer may pay for the Products, the related taxes and duties, and the delivery costs by means of the payment methods made available on the Site.
In the case of payment by bank transfer, Paganelli reserves the right to accept the purchase order, subject to availability of the Products, only after receipt of the credit on the bank account.
If, for whatever reason, it proves impossible to debit the amounts due by the Customer, the Customer's purchase proposal will automatically be cancelled. Paganelli uses third party instruments for payment processing and does not come into contact with payment data in any way. Any data may subsequently be requested for the management, for example, of refunds in the event of non-acceptance of the order or following the exercise of the right of withdrawal.
For each order placed on the Site, Paganelli shall issue an invoice which will be sent by e-mail or post to the order holder, pursuant to Presidential Decree 445/2000 and Legislative Decree 52/2004. The invoice shall be issued on the basis of the information provided by the Customer when placing the order. No change in the invoice shall be possible after it has been issued.

Shipping and delivery

Shipping and delivery costs are charged to the Customer, the amount including VAT referred to the order is specified during the purchase process and reported in the Order Receipt Confirmation. The products are shipped by Courier, therefore no responsibility can be attributed to Paganelli in relation to events or circumstances that may delay or hinder shipment and delivery attributable to the Courier or to force majeure. This is without prejudice to the Customer's right to withdraw from the contract.
The delivery time is differentiated according to the commercial formula under which the Products have been ordered; subject to acceptance by Paganelli of the Customer's purchase proposal, the delivery time is estimated as follows:
- 8-10 working days from the closing date of the commercial campaign;
In any case, Paganelli shall transmit the shipping notice by e-mail to the address indicated by the Customer in which the tracking number will be indicated for verification of the delivery status from the Courier's site.
Deliveries shall be made at the address indicated by the Customer during working days and hours. Upon delivery of the Products by the Courier, the Customer is required to check that the number of packages corresponds to that indicated in the accompanying document and that the packaging is intact. Any damage to the package and/or Products or the mismatch in the number of packages must be immediately contested by means of a written control reservation on the Courier's proof of delivery.
Paganelli cannot be held liable for delivery errors due to inaccuracies or incompleteness in the compilation of the purchase order by the Customer, nor for any damage that may occur to the Products after delivery
In the event of non-delivery due to the absence of the addressee, the Products shall be returned to Paganelli, which shall contact the Customer to agree on a new delivery, with the Customer bearing any further delivery costs.
The delivery time starts from the notice of dispatch and is estimated as follows:
Sicily, Calabria, Sardinia and remote locations 10-15 working days. For the rest of Italy 8-10 working days. Abroad 10-15 working days.

Right of withdrawal

Pursuant to Article 52 of the Consumer Code, the Customer may withdraw from the contract for any reason, without explanation and without penalty within 14 days from the date of receipt of the Products or, in the case of delivery of a good consisting of multiple lots or pieces, from the day on which the Customer or a third party other than the carrier and designated by the Customer acquires physical possession of the last lot or pieces.
The Customer is obliged to inform Paganelli of his decision to exercise the right to withdraw from the contract by means of an explicit declaration to be sent within the prescribed time limit; to this end, the Customer may
(a) use the model withdrawal form in Annex I, Part B of the Consumer Code or
(b) submit any other explicit statement of its decision to withdraw from the contract.
Notice of the decision to exercise the right to withdraw from the contract shall be sent by registered letter with return receipt to the registered office of Frantoio Paganelli or by e-mail to info@oliopaganelli.it.
Following the exercise of the right of withdrawal in the manner set forth above, the Customer is obliged to return the Products to Paganelli without undue delay and in any case within 14 (fourteen) days from the date on which he communicated his decision to withdraw from the contract. A copy of the order receipt must be attached to the returned Products.
The Customer is only responsible for the diminished value of the products, therefore, the Products subject to withdrawal must be returned in good condition and in the original packaging complete in all its parts, in any case, Paganelli may refuse to accept the withdrawal for food products that have been consumed even partially.
Pursuant to Art. 59 of the Consumer Code, the right of withdrawal is excluded:
- made-to-measure or clearly customised goods;
- goods in danger of deteriorating or expiring rapidly;
- sealed goods that are not suitable for return for hygienic or health protection reasons and have been opened after delivery.
The direct cost of returning the Products shall be borne by the Customer.
The shipment of the Products subject to withdrawal, until receipt at our warehouse, is under the full responsibility of the Customer. Paganelli is not liable in any way for damage or theft/loss of Products returned by uninsured shipments.
 
Paganelli shall reimburse the payments received from the Customer, inclusive of delivery costs (with the exception of the additional costs deriving from the possible choice of a type of delivery other than the least expensive type of standard delivery offered by Paganelli), without undue delay and in any case within 14 (fourteen) days from the day on which it is informed of the Customer's decision to withdraw from the contract in accordance with the above procedures.
Paganelli performs the refund using the same means of payment used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise and provided that Paganelli does not incur any costs as a consequence of the refund.
Paganelli reserves the right to withhold reimbursement until it has received the Products or until the Customer has proved that he has returned the Products, whichever is sooner.
 

Warranty

The Customer who purchases as a Consumer has the right to guarantee that the products comply with the legal characteristics of what is declared on the label. Conformity defects in accordance with the conditions established by law, not due to the correct storage recommended on the label, provided that Paganelli is notified of the defects found, according to the same procedures provided for the exercise of the right of withdrawal, within 12 months from their discovery. In order to exercise the right of guarantee, the Consumer shall return the Product in its original packaging, accompanied by the invoice or other accompanying documentation. Paganelli shall provide for the replacement of the Product with an identical one or, in case of exhaustion, with one of equivalent commercial value, alternatively it shall reimburse the consumer the sum spent for the non-compliant product for causes to be totally attributed to Paganelli. The costs for the return of the non-conforming product and those for shipping the product in
replacement remain the responsibility of Paganelli.

Suspension of service

Paganelli reserves the right to suspend or interrupt the service, either temporarily or permanently, without prior notice; it is also Paganelli's right to modify the functions and features of the Site and the service.
 

Intellectual Property

Textual and graphic contents published on the Site are the property of Paganelli and of the other owners of the rights (manufacturing companies as regards company and product images). Any improper exploitation of intellectual property is therefore forbidden.
 

Applicable law and jurisdiction

The distance selling contract, referred to in these General Terms and Conditions, is governed by Italian law and in particular by Legislative Decree no. 206/2005 as amended and supplemented with reference to the regulations on distance contracts and by Legislative Decree no. 70/2003.
The territorial jurisdiction for the resolution of any disputes arising from the conclusion of distance sales is, in the event that the Customer is a Consumer, that of the court of reference of the Municipality of residence or domicile of the Consumer, in all other cases the competent court is that of Rimini.
 

Online dispute resolution

The European Commission has set up an online platform for alternative dispute resolution. This tool can be used by the European consumer to settle out of court any disputes relating to and/or arising from contracts for the sale of goods and services concluded online.
The platform is available at http://ec.europa.eu/consumers/odr/
 

Processing of personal data

For information on the use of personal data, Users may refer to the privacy policy published on the site.