Terms and conditions of sale

Terms and Conditions
for Sale

Premise
The offer of this online shop is proposed by the company D'Orazio Srl in compliance with the current regulations on electronic commerce and distance contracts.

Company data
D'Orazio Srl
Olive Tree Street, 1
70014 Conversano (BA)
Tel: +39 080 4955442
VAT number 07478250728
Email: info@frantoiodorazio.it

The Customer declares to have read all the above information and general conditions of sale before placing the order.

General Conditions of Sale

These general conditions of sale (the “General Conditions”) govern the methods and conditions of sale of the products marketed by D'Orazio Srl (the “Products”).

All contracts for the sale of Products by D'Orazio Srl to third parties (the "Customers") are governed by these General Conditions, which form an integral and substantial part of every proposal, order, and purchase order confirmation for the Products. The conditions of sale applicable to orders are those in effect on the date of the order.

1. Products: prices and features

Unless otherwise indicated, the prices of the Products published on the website by D'Orazio Srl are expressed in Euros and are inclusive of VAT.
The price guaranteed to the buyer is the one published on the Site at the time the order is placed. The price set at the time of purchase is fixed and final.
The prices of the Products published from time to time by D'Orazio Srl on the site cancel and replace the previous ones and are subject to the actual availability of the Products.
Product images are indicative and non-binding.
The Customer is responsible for choosing the Products ordered.

2. Orders – invoicing

Each order for Products sent to D'Orazio Srl constitutes a contractual proposal from the Customer. Processing of the order by D'Orazio Srl constitutes confirmation and acceptance of the order.
The tax documentation relating to the Products ordered will be issued by D'Orazio Srl upon shipment of the Products to the Customer.
An invoice will be issued by D'Orazio Srl. The Customer must provide the exact information required for invoicing and specify the invoice's shipping address.

3. Order fulfillment

The order will be fulfilled within the timeframes specified on the Site.
Deliveries typically take place within 7 working days for Italy and 15 working days for European destinations for all Products indicated as “available”.
In the event of failure by D'Orazio Srl to fulfill the order (if this is due to unavailability of the Products ordered by the Customer), D'Orazio Srl will inform the Customer as soon as possible regarding the expected delivery times for the supply of the missing Product.
If the Customer does not intend to wait this time, in any case no longer than 30 working days, D'Orazio Srl will refund any sums already paid by the Customer for the unfulfilled supply.
In the event of a stock shortage or unavailability of the ordered Product, D'Orazio Srl undertakes to inform the Customer as soon as possible and to specify a deadline for availability.
The Customer will confirm his choice by email, that is, to wait for the Product to be available or to request a refund.

4. Order acceptance

The contract will be concluded only upon confirmation of the order by D'Orazio Srl.

The Customer will receive an email notification of receipt containing the order confirmation with all the elements constituting the contract (products ordered, prices, delivery dates, shipping costs, etc.).

D'Orazio Srl reserves the right not to confirm an order for any reason relating in particular to a problem with the supply of Products, or to a problem regarding the order received.

5. Delivery of Products

The Products are delivered to the address indicated by the Customer.
Shipments will be made after we receive confirmation of payment; for bank transfers, the credit to our account is valid; for credit card payments, the transaction confirmation from the card provider is valid.
For our shipments we rely on qualified express couriers such as GLS, UPS, DHL and BRT.
Rates for Italy: flat rate €8.00, free shipping for orders over €100.00

Rates for abroad: variable rate (by weight).

Delivery Times

Deliveries generally take place within 7 business days for Italy and 15 business days for European destinations, only for products in stock. The shipping times indicated on the website, while carefully evaluated, are not binding on D'Orazio Srl, which may subsequently confirm or modify them based on its specific needs. Shipping times are expressed in business days.
The shipping time for an order containing items with different delivery times is equal to the longest shipping time for the items in the order. Any delivery delays of less than 30 (thirty) days do not entitle the Customer to refuse delivery of the Products or to claim compensation or damages of any kind.
D'Orazio Srl reserves the right to deliver the Products (even those relating to the same order) in multiple, consecutive deliveries if it deems it appropriate.
Delivery is considered to have taken place 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, will constitute proof of transport and delivery of the goods.

It is important to know that:
Upon delivery, the Customer must verify the contents, conformity, and condition of the Product(s). Therefore, upon delivery, D'Orazio Srl recommends that the Customer verify the condition of the delivered Products before signing the acknowledgement of receipt, and in particular:
– that the number of packages 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 notices any anomalies, he or she must refuse delivery of the products or provide detailed and dated written reservations. These reservations must be confirmed to the carrier by registered mail with return receipt within 3 (three) business days of delivery of the products. A copy will be sent to D'Orazio Srl.
If the courier's document is signed without any reservations, the Customer will not be able to raise any objections regarding the external characteristics of the delivered goods. Any problems regarding the physical integrity, correspondence, or completeness of the Products received must be reported within 3 (three) days of delivery.
D'Orazio Srl reserves the right, at its sole discretion, to deliver the ordered Products using a courier of its choice.
Unless otherwise stated, all deliveries are made to kerbside.
Special delivery terms and conditions must be previously agreed upon between the Customer and D'Orazio Srl and accepted in writing by D'Orazio Srl.

6. Collection of products in case of customer absence

If the recipient is absent during delivery, the carrier will leave a notice at the delivery address indicated by the Customer. The Products must be collected at the address and according to the methods indicated by the carrier.
In the event of failure to collect the Products within the deadline established by the carrier, the Products will be returned to D'Orazio 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 relating to the Product, the Customer undertakes to return the Product or Products concerned to D'Orazio Srl within 7 (seven) days of receipt, provided that they are returned with the packaging closed, in their original condition and packaging with the accompanying documents.

Once the Product has been received in the correct form and manner, D'Orazio Srl will resend, at its own expense, the Product initially ordered.

7. Force majeure

In addition to those normally considered by case law, the following cases are explicitly considered as cases of force majeure:
– total or partial strikes, internal or external to the company, blockages of means of transport or supplies for any reason, government or legal restrictions, computer failures, blockages of telecommunications including networks and in particular the Internet.

In the event of force majeure, the execution of the order will initially be suspended by law.

If after a period of 3 (three) months the parties note that the case of force majeure persists, the order will be automatically cancelled, unless otherwise agreed by both parties.

8. Right of withdrawal

8.1 Pursuant to art. 5 of Legislative Decree no. 185 of 22 May 1999, the Customer (if he or she qualifies as a "consumer" pursuant to art. 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 penalty and without specifying the reason, within 10 (ten) working days of receiving the Products.

8.2 The right of withdrawal referred to in the previous article 8.1 must be exercised by the Customer, under penalty of forfeiture, by sending a registered letter with return receipt to D'Orazio Srl, via dell'Ulivo, 1 – 70014 Conversano (BA), ITALY, within 10 (ten) working days of receipt of the Products.

8.3 All returns (which must be perfectly intact and accompanied by the original packaging) must be authorized by Customer Service ( amministrazione@frantoiodorazio.it ). Once the return has been authorized, the Customer may return the Product to the following address: D'Orazio Srl

D'Orazio Srl, Via dell'Ulivo, 1 – 70014 Conversano (BA), ITALY. Packages with postage due will not be accepted.

8.4 Once the Products have been received and their integrity has been verified, D'Orazio Srl will, as soon as possible, credit the Customer for the cost of the returned Products (as indicated on the invoice), withholding the amount of the shipping costs, which will remain the Customer's responsibility.

8.5 The right of withdrawal referred to in the previous article 8.1 cannot be exercised by the Customer if the purchased Products have been opened by the Customer himself or if the items being sold were ordered and produced expressly to the customer's order.

8.6 In the event of damage to the returned goods during transport, D'Orazio Srl will notify the Customer of the incident (within 5 working days of receiving the goods in its warehouses), allowing the Customer to promptly file a complaint with the courier of their choice and obtain a refund for the value of the goods (if insured). In this case, the Product will be made available to the Customer for return, simultaneously canceling the withdrawal request.

8.7 D'Orazio Srl is not responsible in any way for damage or theft/loss of goods returned via uninsured shipments.
During the withdrawal period referred to in Article 15, the Customer is responsible for the item as custodian. If the Product is damaged or destroyed while in the Customer's custody, the right of withdrawal will lapse.

9. Payment

Payment for the order/order fee is due from the time of the order.
The Customer undertakes to pay the agreed price for the Product ordered on the Site (price of the Products and transport) as well as to pay or have paid, if necessary, and this directly to the courier or transporter, the VAT or other taxes relating to the importation of the Products into the countries where delivery will take place.
Accepted payment methods are: credit card, PayPal, advance bank transfer, or cash on delivery (for an additional €7.00).

The Customer guarantees to D'Orazio Srl that he/she has any necessary authorizations to use the credit card/Paypal payment method when placing the order.

If the bank transfer is not received within 10 days of order confirmation, D'Orazio Srl reserves the right to cancel the order. Bank details are provided at the time of ordering.

For all countries where customs duties are applicable, these are the responsibility of the buyer. Payment of these duties is a prerequisite for delivery of the product ordered and purchased on the site.

10. Failure to pay – Retention of title

The ordered Products remain the property of D'Orazio Srl until final and full payment of their price (pursuant to Art. 1523 et seq. of the Civil Code).
D'Orazio Srl reserves the right to claim the Products ordered in the event of non-payment.

11. Complaints

Complaints regarding non-compliance of the Product(s) delivered with the order must be sent in writing directly to D'Orazio Srl, immediately after receipt of the goods.
The Customer must keep the original packaging and the delivery document.

12. Personal information

Computerized processing of information, including the management of site users' email addresses, is carried out in accordance with the provisions of the law.
The personal information requested from the Customer is essential for processing and forwarding orders, creating invoices and any warranty contracts.
For this purpose, this information may be communicated to D'Orazio Srl's contractual partners.

The Customer may object to such communication and, pursuant to the law, exercises the right to access, modify, correct, and delete data concerning him or her by contacting D'Orazio Srl, Via dell'Ulivo 1, 70014 Conversano (BA), ITALY. To prevent any attempted fraud, D'Orazio Srl may ask you for proof of your identity and address.

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. Failure to renounce

For D'Orazio Srl, the failure to assert a breach by the Customer with respect to any of its obligations cannot be interpreted as a waiver of the obligation in question and of the possibility of asserting this breach at a later time.

15. Entirety of the contract

These general conditions of sale constitute the entirety of the parties' obligations.
No other general or specific conditions communicated by the Customer may be included in or excluded from these general conditions.

16. Intellectual property

D'Orazio Srl owns the intellectual property rights of the Site and the right to distribute the elements contained in the online store's catalog. Consequently, the partial or total reproduction, on any medium, of the elements that make up the Site and the catalog, their use, or their transfer to third parties, are strictly prohibited.

17. Nullity

If one or more provisions of these general conditions are considered invalid or declared as such pursuant to a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will retain all their force and value.

18. Competent court

In the event of a dispute 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 22 May 1999 no. 185), any dispute in any way connected to these General Conditions will be devolved to the exclusive jurisdiction of the Court of Bari.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Customer declares to have carefully read, understood and specifically accept the following clauses of the General Conditions of Sale of D'Orazio Srl: 1-2-3-4-5-6-7-8-8.1-8.2-8.3-9-9.1-9.2-9.3-9.4-9.5-10-11-12-13-14-15-16-17-18.