TERMS AND CONDITIONS
This document contains the general terms and conditions on the basis of which users are offered the use of the website www.olivami.com .
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below:
- Owner: Entmediatech Srl , with registered office in Via Sant’Eligio 2, VAT number / Fiscal Code 05038600754, PEC address email@example.com
- Application: the website www.olivami.com
- Products: the products provided to the user by the Owner
- User: any person who accesses and uses the Application
- Consumer User: the natural person of age who concludes a contract for purposes unrelated to his own entrepreneurial, commercial, craft or professional activity possibly carried out
- Non-Consumer User: the natural person of age or legal person who concludes a contract for the performance or for the needs of his business, commercial, craft or professional activity
- Conditions: this contract which governs the relationship between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application.
2 Scope of the conditions
The use of the Application implies the acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and / or any other note, legal notice, information published or referred to therein, he will not be able to use the Application or the related services.
The Conditions can be changed at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.
Before using the Application, the User is required to carefully read the Conditions and save or print them for future reference.
The Owner reserves the right to change at its discretion, at any time, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User , where necessary, the relative instructions.
3. Purchase or supply request through the Application
All the Products offered through the Application are described in detail in the relevant product pages (quality, characteristics, availability, price, delivery times and costs, ancillary charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the actual Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element.
Purchases and / or requests for the supply of one or more Products through the Application are allowed to both Consumer Users and non-Consumer Users.
Purchases and / or requests for supply are allowed to natural persons only on condition that they are of age. For minors, any purchase and / or request for the supply of Products through the Application must be screened and authorized by the parents or by those exercising parental responsibility.
The offer of the Products through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual proposal for the purchase and / or request for supply, subject to confirmation and / or acceptance by the Owner as described in following. Therefore, the Owner will have, at his own unquestionable judgment, the right to accept or not the User’s order without the latter being able to object or complain about anything for any title and / or reason.
The contract for the sale or supply of the Products is concluded with the acceptance by the Owner of the User’s contractual proposal. The Owner will accept the User’s contract proposal by sending the order confirmation to the e-mail address indicated by the User or by viewing an order confirmation web page, which will show the date of the order, the User’s data, the characteristics and availability of the Product, the price or method of calculating the price, any additional charges and accessory taxes, the delivery address, the times and any delivery costs, the methods for exercising the right of withdrawal or its possible exclusion and the guarantee.
The contract for the sale or supply of the Products is not considered effective between the parties in the absence of what is indicated in the previous point.
In the event that the Product is not available, the Owner will notify the User of the new delivery or supply terms, asking whether he intends to confirm the order or not. It is understood that the contract will be considered completed in relation to the Products accepted by the Owner.
The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify the Owner of any errors and will keep a copy of his order, the relative confirmation and the Conditions.
The Application offers the remote adoption of olive trees, to be legally configured as a subscription product. The characteristics and methods of subscription are detailed in the Application.
To subscribe, the User must follow the procedure indicated in the Application and enter the required data. Any subscription costs will be charged on the specified date and with the frequency indicated at the time of subscription.
The subscription is renewed according to the methods and times indicated in the Application.
Users can disable the renewal through the Application or by sending a communication to the e-mail address firstname.lastname@example.org or by changing the preferences of the payment method used.
5. Prices and payments
For each Product, the price including VAT, if due, is indicated. If the nature of the Product makes it impossible to calculate it in advance, the methods for calculating the price are indicated.
Furthermore, all possible taxes, additional costs and delivery costs will be indicated which may vary in relation to the destination, the delivery method chosen and / or the payment method used. If these expense items cannot reasonably be calculated in advance, there will be an indication of which expenses will be charged to the User.
The Owner reserves the right to modify, at any time, the price of the Products and any additional costs. It is understood that any price changes will in no case affect the contracts already concluded before the change.
The User undertakes to pay the price of the Product in the times and methods indicated in the Application and to communicate all necessary data that may be requested.
The Application uses third-party tools for processing payments and does not in any way come into contact with the payment data provided (credit card number, name of the holder, password, etc.).
If these third-party tools deny the payment authorization, the Owner will not be able to supply the Products and will not be held responsible in any way.
The User who wishes to receive the invoice will be asked for the billing data. For the issuance of the invoice, the information provided by the User will prevail, which he declares and guarantees to be truthful, releasing to the Owner any full indemnity in this regard.
7. Methods of delivery of material Products
The material Products and / or digital goods supplied on a material support will be delivered to the address indicated by the User, in the manner and within the deadline chosen or indicated on the Application and reported in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually necessary to deliver the Product from the moment of taking charge of the courier.
In the event that it is not possible to provide the requested Products, the User will be promptly notified by e-mail, indicating when it is expected to be able to deliver them or the reasons that make the supply impossible.
If the User does not intend to accept the new deadline or the delivery has become impossible, he / she may request a refund of the amount paid which will be promptly credited in the same payment methods used by the User for the purchase no later than 14 days from the date on which the Holder became aware of the refund request.
Upon receipt of the Product, the User is required to verify compliance with the order placed as well as the integrity of the packaging. In the event of evident damage to the packaging and / or the Product, the User may refuse delivery of the Product and may return it at no cost to him. Once the delivery document has been signed, the User will not be able to make any objection regarding the external characteristics of the Products delivered.
The Owner will not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract due to force majeure.
8. Exclusion of the right of withdrawal for Non-Consumer Users
The non-consumer user is not entitled to withdraw from the contract for the sale or supply of the Products. The User expressly acknowledges that the indication in the order of a VAT number automatically qualifies him as a non-Consumer User, for which the right of withdrawal is not provided.
9. Right of withdrawal of Consumer Users from the purchase of material Products
The only Consumer User who for any reason is not satisfied with the Product has the right to withdraw without any penalty and without specifying the reason within 14 days from the date of receipt of the Product, by sending a written communication to the e-mail address email@example.com, using the optional withdrawal form referred to in the following article or any other written declaration.
In the case of separate delivery of several Products, ordered by the Consumer User with a single order, the 14-day term for exercising the right of withdrawal starts from the day the last Product was received.
In case of withdrawal, the Consumer User must return the Product to the Owner, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The Consumer User will only bear the direct cost of returning the Product, unless the Owner has declared to be responsible for it.
In case of withdrawal exercised correctly, the Holder will reimburse the payments received by the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User has communicated that he / she wishes to withdraw from the contract.
The Owner is not required to reimburse the delivery costs, if the Consumer User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner.
The Holder, unless he has offered to collect the Product himself, may withhold the refund until he has received the Product or until the Consumer User has demonstrated that he has returned it.
The Owner will not accept the return in the event that the Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, , etc.). In such cases, the Owner will return the purchased Product to the sender, charging the shipping costs to the sender.
The Consumer User acknowledges and accepts that the withdrawal from a subscribed subscription does not entail the refund of the amounts relating to the Products already received.
10. Optional form to make the right of withdrawal
The User can withdraw using the following form which must be completed in its entirety and sent to the e-mail address firstname.lastname@example.org before the withdrawal period expires:
I hereby communicate my withdrawal from the sales or supply contract relating to the following product __________
Ordered on: _______
Name and surname: _______
E-mail associated with the account from which the order was placed: ____________________
11. Guarantee of material Products for Non-Consumer Users
In relation to the tangible Products, non-Consumer Users will be subject to the guarantees for defects in the thing sold, the guarantee for defects in the promised and essential quality and the other guarantees provided for by the civil code with the relative terms, forfeiture and limitations (articles 1490 et seq. cc).
12. Guarantee of conformity of material Products for Consumer Users
The legal guarantee of conformity is recognized, as provided for by art. 128-135 of the Consumer Code, for all Products sold through the Application that fall within the category of “consumer goods”, as governed by art. 128, 2nd paragraph of the Consumer Code: any movable property, even to be assembled, except i) goods subject to forced sale or otherwise sold in other ways by the judicial authorities, including by delegation to notaries, ii) water and gas, when not packaged for sale in a limited volume or in a specified quantity, iii) electricity.
The legal guarantee of conformity is reserved for Consumer Users only.
The Owner is obliged to deliver to the Consumer User Products that comply with the sales contract. The Products are presumed to comply with the contract if, where relevant, the following circumstances coexist:
i) they are suitable for the use for which goods of the same type are normally used;
ii) they comply with the description made by the Owner and possess the qualities of the good that the seller has presented to the Consumer User as a sample or model;
iii) present the usual quality and performance of a good of the same type, which the Consumer User can reasonably expect, taking into account the nature of the Product and, where appropriate, the public statements on the specific characteristics of the Products made in this regard by the Owner , by the manufacturer or its agent or representative, in particular in advertising or on labeling;
iiii) are also suitable for the particular use desired by the Consumer User and which has been brought to the attention of the Owner at the time of the conclusion of the contract and which the Owner has also accepted for conclusive facts.
Any faults or malfunctions caused by accidental events or by the responsibility of the Consumer User or by a use of the Product that does not conform to its intended use and / or to the provisions of the attached technical documentation are therefore excluded from the scope of the guarantee of conformity.
The lack of conformity that occurs within 24 months from the date of delivery of the Product must be reported within 2 months from the date of discovery of the defect.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. After 6 months, the Consumer User will have to provide proof that the damage was not caused by incorrect or improper use of the Product.
Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Consumer User has the right to restore the conformity of the Product, without charge. To this end, the Consumer User can choose between the repair of the Product or its replacement.
This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous. Furthermore, the Consumer User has the right to an adequate reduction in the price or termination of the contract, only if one of the following situations occurs: i) repair and replacement are impossible or excessively expensive; ii) the Owner has not repaired or replaced within a reasonable time; iii) the replacement or repair have caused significant inconvenience to the Consumer User.
If the Consumer User intends to take advantage of the remedies provided for by the guarantee of conformity, he must send a written communication to the e-mail address email@example.com.
The Owner will promptly reply to the communication of the alleged lack of conformity and will indicate to the Consumer User the specific procedure to be followed, also taking into account the product category to which the Product belongs and / or the reported defect.
13. Content sent by Users
The User can upload Content on the Application, as long as they are not illicit (i.e. obscene, intimidating, defamatory, pornographic, abusive or in any way illegal or violate the privacy, intellectual and / or industrial property rights of the Owner and / or third parties ), misleading, or are not in any other way harmful to the Owner and / or third parties or do not contain viruses, political propaganda, commercial solicitations, mass e-mails or any other form of spamming. In the event of a dispute by third parties, the User assumes full responsibility and undertakes to hold the Owner harmless and harmless from any damage, loss or expense.
The User guarantees that the Contents are sent to the Application through his / her account by adults. For minors, the sending of Contents must be screened and authorized by the parents or by the operators of parental responsibility.
The User is totally and exclusively responsible for the use of the Application with regard to the functions of publication, consultation, management of the Contents and contact between Users and is therefore the only guarantor and responsible for the correctness, completeness and lawfulness of the Contents. and their own behavior.
It is forbidden to use an e-mail address that is not owned by the User, to use the personal data and credentials of another User in order to steal his identity, or in any other way to declare the false about the origin of the Contents.
The Owner is unable to ensure timely control over the Contents received and reserves the right at any time to cancel, move, modify those which, at its discretion, appear to be illegal, abusive, defamatory, obscene or harmful to the right of author and trademarks or in any case unacceptable.
Users grant the Owner a non-exclusive right of use on the Contents sent, without limitations of geographical areas. The Data Controller may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, store, annotate, encode, modify and adapt ( including without limitation the right to adapt for transmission by any means of communication) in any form, any Content (including images, messages, even audio and video) that should be sent by the User, including through third parties.
The Content sent will not be returned and the Owner will not be liable to Users for the loss, modification or destruction of the Content transmitted.
It is expressly prohibited, unless explicitly authorized by the Owner: i) the use of automatic announcement loading systems, except those expressly authorized, ii) serial publication and / or management of advertisements on behalf of third parties by any means or methods, iii) resell the Controller’s services to third parties.
14. Industrial and Intellectual Property Rights
The Owner declares to be the owner and / or licensee of all intellectual property rights relating to and / or relating to the Application and / or the Contents available on the Application. Therefore, all trademarks, figurative or nominative and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos, contents relating to the Application are and remain the property of the Owner or its licensors. and are protected by current trademark laws and related international treaties.
The Conditions do not grant the User any license to use individual contents and / or materials available therein, unless otherwise regulated.
Any reproductions in any form of the explanatory texts and Application Contents, if not authorized, will be considered violations of the Owner’s intellectual and industrial property rights.
15. Disclaimer of Warranty
The Application is provided “as is” and “as it is available” and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that it will not it will never break or it will be error free or it will be virus or bug free.
The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but will in no way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period. . Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of the Owner or for events of force majeure.
16. Limitation of Liability
The Owner cannot be held liable to the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its suppliers.
Furthermore, the Owner will not be responsible for damages, losses and costs suffered by the User as a result of the non-execution of the contract for reasons not attributable to him, having the User only entitled to a possible full refund of the price paid and any additional charges. incurred.
The Data Controller assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (number of credit cards, cardholder name, password, etc.)
The Owner will not be responsible for:
i) any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User that are not a direct consequence of the violation of the contract by the Owner;
ii) incorrect or unsuitable use of the Application by Users or third parties;
iii) the issuance of incorrect documents or tax data due to errors relating to the data provided by the User, the latter being solely responsible for the correct insertion.
In no case can the Owner be held responsible for a sum greater than double the cost paid by the User.
17. Force majeure
The Data Controller cannot be held responsible for the failure or delayed fulfillment of its obligations, due to circumstances beyond the reasonable control of the Data Controller due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will. .
The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.
The Data Controller will carry out any act in its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.
18. Link to third party sites
The Application may contain links to third party sites / applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites / applications.
Some of these links may refer to third party sites / applications that provide services through the Application. In these cases, the general conditions for the use of the site / application and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.
20. Applicable law and competent court
The Conditions are subject to Italian law.
For non-consumer users, the court of the place where the owner is based is competent for any dispute relating to the application, execution and interpretation of these conditions.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the User. Consumer to appeal to a judge other than that of the “consumer forum” pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria referred to in Articles 18, 19 and 20 of the civil procedural code.
This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, at the deadline for the return of the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
21. Online dispute resolution for Consumer Users
The Consumer User residing in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and the supply of services stipulated online. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/
Terms and Conditions updated on 03/11/2021