Terms and Conditions of Service

These General Terms and Conditions of Sale (hereafter also “GTC”) govern the terms and conditions of sale of the products marketed by the Company OLIO GAETA (hereafter “the Company” or “the Seller”) on its website (oliogaeta.com) to users (hereafter “Customers”) who intend to purchase the products advertised therein.

These General Terms and Conditions of Sale apply in full to every order and purchase, unless stipulated otherwise which must be expressed and put in writing by the selling company.
These general conditions are reported on the website and each Order Confirmation form indicates how to download them. Therefore, they form an integral and substantial part of every proposal, order and confirmation of the purchase order of the products themselves and they are considered known by all buyers at the time of the order and purchase.

Customer means:

●  both the final “consumer”, i.e. the natural person who purchases “OLIO GAETA” brand products for unrelated purposes to any entrepreneurial, commercial, artisanal or professional activity possibly carried out;

●  and in the capacity of a natural and legal person who makes the purchase of products registered as “OLIO GAETA’’ brand for purposes related to the entrepreneurial, commercial, artisanal or professional activity possibly carried out.

The sending or delivery of any purchase order by the buyer implies full and unreserved acceptance by the buyer of the general conditions of sale set out below, even if not signed by him.
The General Terms and Conditions of Sale applicable to orders are those in force on the date of the order.

Any modifications or amendments to these General Terms and Conditions of Sale will be effective from the moment they are published on the website and will apply only to sales concluded subsequently.

The contract concerns the supply of products offered for sale by the company GAETA TOMMASO under the brand “OLIO GAETA” P.I. 04217370719 with tax domicile in Via Nazario Sauro 2 – Orta Nova (Foggia) – Italy.
E-mail: customercare@oliogaeta.com

The contract products do not include samples of material to be subjected to tests and/or tests, all information rendered in any form or place for the processing of the products.

The online catalogue of the website oliogaeta.com shows the products offered for sale with their

characteristics, photographic images of a purely indicative and non-binding nature and the corresponding prices.
The prices of the products published on the website by the company GAETA TOMMASO under the brand “OLIO GAETA’’ are expressed in Euros and include VAT.

The prices of the products, published and updated from time to time by the Company GAETA TOMMASO under the brand “OLIO GAETA” on the website, cancel and replace the previous ones and they are subject to the actual availability of the products.
The price guaranteed to the buyer is the one published on the site at the time of the purchase.

Each order of the products sent to the seller constitutes a contractual proposal of the customer.
The fulfilment of the order by the seller is equivalent to confirmation and acceptance of the order itself.
The contract is concluded and binding on both parties at the time of confirmation of the order by the selling company.
Following receipt of the order by the seller, the customer will see a web page confirming and summarizing the order or a confirmation email.

The company GAETA TOMMASO – “OLIO GAETA’’ brand reserves the right not to confirm an order and/or to cancel it, at its sole discretion, in the event that it encounters a problem with the received order or there is a problem in the supply of products.
In the event of exhaustion of stock or unavailability of the ordered products, the company GAETA TOMMASO – “OLIO GAETA’’ brand will promptly inform the customer by email, indicating the expected delivery times for the supply of the missing product or, in the worst scenario, the cancellation of the order.

If the customer does not intend to wait the necessary time for the resupply of the product, in any case not exceeding 30 working days, the company GAETA TOMMASO – “OLIO GAETA” brand will refund any sums already paid by the latter for the supply not carried out.
In the event that it is necessary for the company to procure the product, once the relevant communication has been sent, the Customer will be required to confirm his choice by email, i.e. he/she should wait for the availability of the product, add another one or ask for a refund.

Payment by the Customer can only be made by means of the following forms: bank transfer, credit cards and PayPal.
Bank and card details are provided after selecting your chosen payment method.
In the event of non-receipt by the company GAETA TOMMASO – “OLIO GAETA’’ brand of the transfer by the Customer within 10 days following the confirmation of the order, the Company reserves the right to cancel the order.

Any payments or securities made to agents, representatives, employees or collaborators of the Company, or couriers appointed by the previously cited company, will not be considered valid until the relevant sums reach the seller.
In the event of delivery outside Italy, the Customer will be responsible for any additional costs due to duties, taxes or duties in force there.

The ordered products remain the property of the company GAETA TOMMASO under the brand “OLIO GAETA’’ until the final payment of their price in full (in pursuance of Art. 1523 et seq. of the Italian Civil Code and current legislation).

The company GAETA TOMMASO – “OLIO GAETA” brand reserves the right to claim the ordered and possibly shipped products in case of default in payment.

The tax documentation relating to the products ordered will be issued by the seller at the time of shipment of the products themselves.
The invoice will be issued by the company GAETA TOMMASO at the express request of the customer, a natural and/or legal person.

It will be the customer’s responsibility to request the invoice during the purchase phase and communicate the data necessary for invoicing, as well as specify the shipping address of the invoice itself.
If the purchase is made by a VAT holder, the invoice will be issued only following receipt of an email to the customercare@oliogaeta.com address where it should be indicated:

• the VAT number,

• the Tax Code,

• the personal data of the VAT subject with the relative address.

VAT holders are responsible for the correct entry of billing data and are expressly informed that the invoice will be issued within 15 days from the date of payment.

All shipments are entrusted to the service of qualified express couriers such as Bartolini, SDA, UPS, DHL.

Tariffs for expedition abroad: variable according to weight.

Shipments will be made after receipt of bank confirmation of payments.
In particular, payment by bank transfer: the credit to the current account of the selling company is valid; payment by credit card: confirmation of the transaction by the system.

The products will be delivered to the address indicated by the customer.
The order will be processed and shipped within the specified terms on the website oliogaeta.it Deliveries normally take place within 7 working days for Italy and 15 working days for European destinations for all products indicated as “available”.
The shipping times indicated on the site, although carefully evaluated, must be considered non-binding for the seller, which can subsequently confirm or modify them, depending on its actual needs.
The shipping time for an order containing items with different delivery times is equal to the longer shipping time of the items in the order.
The Company GAETA TOMMASO has the right to carry out, if it deems it appropriate, the delivery of the products (even relating to the same order) in several successive deliveries.
Delivery is deemed to have been made when 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, constitutes proof of transport and release of the goods.
For any delays in deliveries of less than 30 (thirty) working days, the customer does not accrue any right, neither to refuse the delivery of the products, nor to claim compensation or indemnity of any kind.

It is important to know that upon delivery of the package, the customer must check the contents, conformity and condition of the ordered product(s) and in particular:
• that the number of packages delivered corresponds to that which is indicated in the transport document attached to the shipment;
• that the packaging is intact, not damaged, nor wet or otherwise altered, and to check the integrity of the contents.

If the customer finds any anomalies, he must refuse the delivery of the products and put in writing his objections, detailed and dated, and send them by registered mail with acknowledgement of receipt, within 5 (five) working days following the delivery of the products, both to the selling company and to the company in charge of transport.

If the courier’s document is signed without affixing any “objection”, the customer may not oppose any complaint about the external characteristics of what has been delivered.
Any problems relating to the physical integrity, correspondence or completeness of the products received must be reported within 5 (five) days of delivery.

Special conditions and terms of delivery must be agreed in advance between the customer and the Selling Company and accepted in writing by the latter.

In the event of the absence of the addressee at the time of delivery, the carrier will leave a notice at the delivery address indicated by the customer.
The products can be collected at the address and following the manner indicated by the carrier.
In the event of failure to collect the products within the established deadline by the carrier, the products will be returned to the selling company, which reserves the right to refund the price of the products, leaving the shipping costs at the expense of the customer.

In the event of an error regarding the shipped product as it does not conform to the purchased one, the customer undertakes to return it to the Selling Company within 7 (seven) days from 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 aforementioned manner, the GAETA TOMMASO Company will send the product originally ordered again at its own expense.

The selling company reserves the right to correct errors, inaccuracies or omissions even after an order has been submitted.
The seller assumes no responsibility for inefficiencies attributable to cases of force majeure (normally considered by law), and to the following events:
• total or partial strikes, internal or external to the company; • blocking of means of transport or supply for any reason;
• governmental or legal restrictions;
• IT failures;
• blocking of telecommunications, including networks, and in particular the Internet.

In the event of force majeure, firstly, the execution of the order will be suspended.
If a period of 3 (three) months has elapsed, the parties ascertain the persistence of the case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both parties.
Except for wilful misconduct or gross negligence of the seller, it is hereby agreed that, should the liability of the company GAETA TOMMASO, for any reason, be ascertained towards the customer (including the case of total or partial non-fulfilment of the obligations assumed by the aforementioned company towards the customer except in the extraordinary cases mentioned above), as a result of the execution of an order, the liability of the Company GAETA TOMMASO cannot be higher than the price of the products purchased by the customer and for which the dispute has arisen.

Except in cases of wilful misconduct or gross negligence, the customer is excluded from any right to compensation for damages or to the recognition of compensation, as well as any contractual or non-contractual liability for direct or indirect damage to persons and/or property, caused by the non-acceptance or processing, even partial, of an order.

In accordance with the provisions of art. 52 et seq. of Legislative Decree 206/2005, the customer, who is a “consumer”, has a period of 14 working days from receipt of the product to withdraw from the contract, without having to provide any reason and without any penalty.
The consumer must express this intention by sending, within 14 working days of receipt of the product, a registered letter with return receipt addressed to:

Company Gaeta Tommaso,
Via Nazario Sauro 2B, 71045 Orta Nova (FG), Puglia, Italy.

Once it has received the communication, the selling company will open a procedure for the management of the returned goods. Furthermore, it should communicate to the customer the instructions on how to return the products.
All returned goods (which have to be perfectly intact and accompanied by the original packaging) must be authorized by Customer Service. Once the return has been authorised, the customer may send the product back to the following address: Company Gaeta Tommaso, Via Nazario Sauro 2B,71045 Orta Nova (FG), Puglia, Italy. Once the products have been received and their integrity has been verified, the Company GAETA TOMMASO will provide, as soon as possible, to credit the customer with the cost of the returned goods (as indicated on the invoice), withholding the amount of shipping costs which will remain definitively at the expense of the customer. The right of withdrawal, in accordance with the provisions of art. 59 of Legislative Decree 206/2005, cannot be exercised by the customer in the event that:
• the Products purchased consist of bottles or cans of olive oil that have been opened by the Customer;
• the items being sold had been ordered and produced expressly on the Customer’s order, therefore clearly personalized goods.

The seller is not liable in any way for damage or theft/loss of returned goods with uninsured shipments. During the withdrawal period mentioned above, the customer is responsible for the object as custodian. In the event of damage or destruction of the product while in the customer’s custody, the customer’s right of withdrawal will lapse. During the transport of the returned goods, if the product itself is damaged, the selling company will notify the customer of the incident within 5 working days of receipt of the goods in its warehouses, to allow him to promptly make a complaint against the courier chosen by him and obtain a refund of the value of the goods (if insured). In this case, the selling company will be forced to return the product to the customer and cancel the withdrawal request.

Complaints for the non-conformity of the products, delivered with the order, must be received in writing directly to the selling company, immediately after receipt of the goods, by e-mail to the address customercare@oliogaeta.com or by registered mail with return receipt to the address:
Company Gaeta Tommaso, Via Nazario Sauro 2B,71045 Orta Nova (FG), Puglia, Italy.

The customer must keep the original packaging and the delivery document.

The computerized processing of information, including the management of the email addresses of the users of the site, is carried out in accordance with the legal provisions. The personal information, requested from the customer, is essential for the processing and forwarding of orders, the creation of invoices and any warranty contracts. To this end, this information may be communicated to the contractual partners of the company GAETA TOMMASO – “OLIO GAETA” brand.

The customer may object to such communication and in accordance with the law avails himself of the right of access, modification, correction and cancellation of data concerning him by contacting the Company Gaeta Tommaso, Via Nazario Sauro 2B, Orta Nova (FG), Puglia, Italy.

The user’s personal data are used by the company GAETA TOMMASO – “OLIO GAETA” brand, which is the data controller, in compliance with the principles of personal data protection established by the GDPR Regulation 2016/679.

15.1 METHODS AND PURPOSES OF DATA PROCESSING
The data will be processed both in paper form and with electronic IT tools according to a mixed method, always in compliance with the rules of confidentiality and security provided for by law. The data will be processed for the following purposes:
• Fulfilment of tax or accounting obligations
• Promotional activities
• Processing, printing, enveloping and mailing of invoices
• Delivery of the product service
• Customer management (contracts, orders, shipments and invoices)

15.2 LEGAL BASIS
The legal basis on which the processing for common data is based, according to Article 6 of the GDPR Regulation, is compliance with legal obligations.
The provision of data is mandatory for all that is required by legal and contractual obligations and, therefore, any refusal to provide them overall or in part may make it impossible to provide the services requested.

15.3 CATEGORIES OF RECIPIENTS
Providing the communications, made in compliance with legal and contractual obligations, all collected and processed data may be communicated exclusively for the specified purposes above to the following categories of recipients:
• Consultants and freelancers, also in associated form
• Non-economic public bodies
• Authorized people
• External Managers
• Law office
• Banks and credit institutions
In addition, certain categories in the management of customer data of authorized people and/or internal and external managers, identified in writing and to whom specific written instructions have been provided regarding the processing of data, may become aware of the same.

15.4 RETENTION PERIOD
The required data for contractual and accounting purposes are kept for the necessary time to carry out the commercial and accounting relationship.
The data of those who do not purchase or use products/services, despite having had previous contact with representatives of the selling company, will be immediately deleted or processed anonymously, unless their retention is otherwise justified and the informed consent of the interested parties relating to a subsequent commercial promotion or market research activity has been validly acquired.
The data will be processed for as long as necessary to carry out the existing business relationship and for a period corresponding to the legal obligations for tax data.

15.5 RIGHTS OF THE DATA SUBJECT
Pursuant to European Regulation 679/2016 (GDPR) and national legislation, the data subject may, in the manner and within the limits provided for by current legislation, exercise the following rights:
• to request confirmation of the existence of personal data concerning him/her (right of access of the data subject, art. 15 of Regulation 679/2016);
• to know its origin;
• to receive intelligible communication;
• to have information about the logic, methods and purposes of the processing;
• to request the updating, rectification, integration, cancellation, transformation into anonymous form, blocking of data processed in violation of the law, including those no longer necessary for the pursuit of the purposes for which they were collected (right to rectification and cancellation, articles 16 and 17 of Regulation 679/2016);
• the right to limit and/or object to the processing of data concerning him/her (art. 18 of Regulation 679/2016);
• the right of revocation;
• the right to data portability (art. 20 of Regulation 679/2016);
• in cases of processing based on consent, to receive the data provided to the Data Controller, in a structured and readable form by a data processor and in a format commonly used by an electronic device;
• the right to lodge a complaint with the Supervisory Authority (right of access of the data subject, art. 15 of Regulation 679/2016).

15.6 DATA CONTROLLER
The Data Controller of the Customer’s personal data is DITTA GAETA TOMMASO, P. IVA 04217370719.

The “validation click” on the web page constitutes an electronic signature.
This electronic signature has the same value between the parties as a handwritten signature.

The failure of the customer to assert any of its obligations by the company GAETA TOMMASO – “OLIO GAETA’’ brand cannot be interpreted as a waiver of the obligation in question and the possibility of asserting this deficiency at a later date.

These General Terms and Conditions of Sale constitute the entirety of the obligations of the parties.

No other general or particular condition communicated by the customer may be included or excluded from these general conditions, except for those expressly accepted in writing by the seller.

If one or more provisions of these general conditions is considered invalid or declared invalid by application of a law, regulation or following a final decision, taken by a competent jurisdiction, the other provisions will retain their full force and value.

The company GAETA TOMMASO under the brand “OLIO GAETA’’ is the owner of the intellectual property rights of the website and the right to disseminate the contained elements in the catalogue of the online store. Consequently, the partial or total reproduction, on any type of medium, of the elements that make up the website and the catalogue, their use, as well as their transfer to third parties, are formally prohibited.

These general terms and conditions of sale, as well as the individual purchase contracts concluded between the customer and the company GAETA TOMMASO under the brand “OLIO GAETA’’ through the website, are governed by Italian law or by the rules of private international law.

In the event of a dispute and in the absence of an amicable agreement reached between the parties, any dispute relating to the application, execution, interpretation and violation of these general conditions of sale, as well as the purchase between the company GAETA TOMMASO and the customer through the oliogaeta.com website, will be the jurisdiction of the Court in which the “consumer” has his residence or domicile if located in the territory of the Italian State, or the Court of Foggia, if the customer is not a “consumer” or has his/her residence or domicile abroad.

Pursuant to 1341 and 1342 of the Italian Civil Code, the customer declares that he has carefully read, understood and expressly accepts all the mentioned articles in the General Terms and Conditions of Sale of the GAETA TOMMASO Company .