General conditions of sale of the Oilala.com website
These general conditions, available in favor of the consumer for reproduction and storage pursuant to art. 12 of Legislative Decree 70/2003, have as their object the purchase of products, carried out remotely by means of an electronic network through the website oilala.com belonging to the s.r.l. Oilalà (hereinafter also referred to as supplier), based in Barletta (BT) in via Callano 119.
Art. 1 – Definitions
1.1 By online sales contract we mean the distance contract, that is the legal transaction having as its object the purchase and sale of movable goods and / or services, stipulated between a final consumer – customer or other professional users and Oilalà, within a system of distance selling organized by the latter, a system that, for this contract, exclusively uses the remote communication technology called internet.
1.2 By consumer we mean the natural person, whose personal data are better detailed in the registration form available at https://oilala.com/checkout/, who purchases goods and services for non-referable purposes, directly or even only mediately, to the professional activity it may carry out.
1.3 Professional user means the natural or legal person, whose personal data are better detailed in the registration form available at https://oilala.com/checkout/, who purchases goods and services for purposes directly or medically referable to the professional activity performed.
1.4 By buyer or user we mean both the consumer customer and the professional user.
Art. 2 – Acceptance of the conditions of sale
2.1 These general conditions are valid from 26.2.2019 and may be updated, supplemented or modified, obviously having effect for the future, at any time by Oilalà, which will communicate it through the pages of its website. The conditions set out in the introduction are an integral and essential part of this contract.
2.2 All contracts will be concluded directly through the access by the consumer customer or professional user to the website corresponding to the address www.oilala.com, through which they will be able to purchase the goods and / or products desired by carefully following the indications and procedures envisaged.
2.3 These general conditions of sale must be examined “online”, before completing the purchase procedure. The forwarding of the order confirmation therefore implies full knowledge of the same and their full acceptance.
2.4 The consumer customer and the professional user, by sending the electronic confirmation of their purchase order, unconditionally accept and undertake to observe, in their relations with Oilalà, the general and payment conditions illustrated below, expressly declaring to to have read it and to accept all the indications provided by the system regarding the order procedure as well as the rules mentioned above, also taking note that the supplier is not bound by different conditions unless previously agreed in writing.
2.5 The sales operations are regulated for the consumer by the provisions of Legislative Decree no. 206/2005 (Consumer Code), while the protection of confidentiality is subject to the discipline of EU Regulation 679/16 and Legislative Decree 30 June 2003, n. 196, and subsequent amendments and additions.
Art. 3 – Sale prices and purchase methods
3.3 The purchase proposal formulated by the professional customer is expressly agreed as irrevocable for the 30 days following the date of conclusion of the procedure referred to in the previous article.
3.4 In any case, the total cost of shipping to the buyer’s home is at his expense, except for exceptions and derogations which will be specifically advertised on the site. The cost will, in any case, be made known to the buyer before confirming the purchase.
3.5 The prices of the different types of transport refer to weight, bulk, delivery destination and / or any other services required (insurance, delivery times, etc …).
3.6 All users can pay for the ordered goods using the payment methods indicated at the time of purchase.
3.7 The buyer expressly attributes to the s.r.l. Oilala has the right to accept, even partially, the order placed, allowing the direct shipment of the goods within the limits determined by itself. In this case, the contract will be considered completed in relation to the goods actually sold.
3.8 Oilalà will have the right to confirm and / or modify the price indicated in the event that it has been incorrectly published and this error is perceivable by the buyer as the price set is obviously lower than that normally charged. In this case, however, the buyer may withdraw before delivery of the order if the price thus determined should be excessively high compared to that originally agreed.
3.9 All prices displayed on this site (www.oilala.com) are inclusive of VAT.
Art. 4 – Delivery methods
4.1 Oilalà will deliver to the buyers, at the address indicated by them, the products selected and ordered, in the manner provided for in the previous article, by couriers.
4.2 The buyer may use a third party’s credit card for payment, provided that he specifies the data both in the “Billing address” section and in the payment form prepared by the external manager (by way of example, but not limited to, PayPal or a other banking or financial operator). Delivery, on the other hand, will take place at the address indicated by the user in the “Shipping address” section.
4.3 The purchased goods will be delivered within the terms provided by the legislative decree n. 206/2005. No responsibility can be attributed to the supplier for delayed or non-delivery due to force majeure or unforeseeable circumstances.
4.4 The user is required to verify, upon receipt of the goods, compliance with the order placed on the product delivered to him; only after this verification and without prejudice, obviously, to the right of withdrawal provided for in clause no. 8, the customer must sign the delivery documents.
4.5 The supplier is not responsible for damage or delays in delivery caused to products purchased by the carrier, remaining totally unrelated to the relationships between the carrier and the user.
4.6 The consumer customer or professional user may choose another carrier they trust, it being understood that, in this case, the transport will take place at their sole risk, care and expense and that payment cannot be made on delivery, but must be anticipated or be performed in other different ways indicated on the site In this case, moreover, the buyer will not be able to enjoy any shipping promotions advertised on the site.
Art. 5. Availability of products
5.1 The user may purchase the products under the conditions indicated in the electronic catalog prepared by Oilalà and in the quantities available in stock or available from its suppliers.
5.2 Oilalà does not guarantee the continued availability of the products under the conditions offered, remaining obliged, in the event of unavailability and payment of the goods, to promptly inform the buyer and refund the price, without additional charges, within 30 days from the date of said communication.
Art. 6 – Liability
6.1 Oilalà will in no way be responsible for inefficiencies attributable to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, the execution of the contract within the agreed time.
6.2 Oilalà will not be liable to any party or third party for damages or losses suffered and to bear, in any case, the costs as a result of the non-execution of the contract for the reasons mentioned above, since the buyer is only entitled to a refund of the price. paid.
6.3 Oilalà is not responsible for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the purchased products. The company, in fact, at no time during the purchase procedure is able to know the buyer’s credit card number which is transmitted directly to the manager of the banking service or payment gateway chosen by the customer (for example, PayPal) via secure connection.
Art. 7 – Guarantees and methods of assistance
7.1 Oilalà sells high quality products. In any case, in the event that any product manifests lack of conformity in the two years following its delivery, the consumer customer may request its replacement or repetition of the price paid for its purchase.
7.2 For professional users, the duration of the guarantee is equal to one year only, starting from the delivery of the goods.
7.3 The buyer who wishes to make use of the warranty must contact Oilalà at the addresses indicated in the “Contacts” section of the oilala.com website, indicating the defects found. The Oilalà customer service will inform him how to proceed with the shipment of the goods or how to collect them at the shipping address indicated by the user in the order form.
7.4 If the lack of conformity is actually found by Oilalà, the user will receive the replacement of the defective item with another equal or of equal or greater value or, upon his explicit request, the repetition of the price paid for his purchase, with the ‘express exclusion of shipping costs.
7.4 The warranty does not apply to expired or incorrectly stored products.
Art. 8 – Obligations of the buyer
8.1 The consumer and professional user undertake and undertake, once the online purchase procedure has been completed, to print and keep these general conditions, which they have already viewed and accepted as an obligatory step in the ‘purchase, as well as the specifications of the product or products being purchased, and this in order to fully satisfy the conditions set out in Legislative Decree no. 206/2005 (Consumer Code).
8.2 These general conditions can be updated or modified at any time by Oilalà, which will communicate it through its website. Whenever a change to these general conditions occurs, the consumer customer or professional user undertakes and undertakes to provide for their printing and storage.
8.3 It is strictly forbidden for the buyer to enter false, and / or invented, and / or fictional data in the registration procedure necessary to activate the procedure for the execution of this contract and related further communications for him; the personal data and the e-mail address must be exclusively their real personal data and not those of third parties, or of fantasy.
8.4 It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. Oilalà reserves the right to legally pursue any violation and abuse, in the interest and for the protection of consumers and all customers.
8.5 The Customer releases Oilalà from any liability deriving from the issue of incorrect tax documents due to errors in the data provided by himself, being solely responsible for their correct insertion.
Art. 9 – Right of withdrawal
9.1 Pursuant to art. 64 of d. lgs. n. 206/2005, the consumer customer can exercise the right of withdrawal by completing and sending the form for exercising the right of withdrawal to the e-mail address firstname.lastname@example.org, which can be downloaded from here. This form must be filled in all its parts and must be duly signed by the consumer customer.
9.2 Once this form has been sent, the consumer customer has a further 14 days to return the goods received in their original packaging, without tampering with any warranty seal or simple opening and / or deterioration of the same external packaging and obtaining a refund of the price paid for each good returned intact in its packaging. The withdrawal is exercised without any penalty and without specifying the reason. After this deadline, the consumer customer will automatically lose the right of withdrawal.
9.3 The goods must be returned to the following address: Oilalà s.r.l., via Callano 119 – 76121 – Barletta (BT).
9.4 All costs of returning the products are charged to the consumer customer who, directly or by other means, will deliver the same to the seller’s address indicated in point 9.3 above. All items must be received in the same conditions as they were received, with the original packaging and any accompanying manuals and / or booklets that are part of the package and original packaging.
9.5 If the goods are returned without the packaging or any manuals and / or booklets supplied, Oilalà s.r.l. reserves the right to request from the Customer the reimbursement of the expenses that he will have to incur for the restoration of the packaging or the materials attached to it.
9.5 The transport costs incurred for the delivery of the product to the customer and for the eventual return to Oilalà are not refundable.
9.6 The refund will be credited by Oilalà within 14 days following receipt of the form referred to in point 9.1 on the same credit card or PayPal account from which the consumer customer made the payment.
9.7 Pursuant to art. 62 of the Consumer Code, as amended with the issue of Law 27/2012, it is specified that the right of withdrawal is expressly excluded for “perishable food products”, ie for those goods that fall into one of the following categories:
a) prepackaged agricultural, fish and food products that have an expiry date or a minimum shelf life of no more than sixty days;
b) bulk agricultural, fish and food products, including herbs and aromatic plants, even if placed in protective wrapping or refrigerated, not subjected to treatments aimed at prolonging their durability for a period exceeding sixty days;
c) meat products;
d) all types of milk.
9.8 The right of withdrawal is expressly excluded for professional users.
Art. 10 – Authorizations
10.1 By filling in the appropriate field in the payment form on the website, the customer authorizes Oilalà to use his credit card, or other card issued to replace it, and to debit the total amount shown as cost to his current account. of the purchase made “on line”. The whole procedure is performed via a secure connection directly connected to the bank that owns and manages the “online” payment service or from the payment system set up by PayPal, which Oilalà cannot access.
10.2 If the consumer makes use of the right of withdrawal, as articulated in point 9 of these general conditions, in the event that the payment does not follow the completion of the sale, the amount to be refunded will be credited to the same credit card or to the user’s PayPal account.
Art. 11 – Contract termination and express termination clause
11.1 Oilalà has the right to withdraw from the stipulated contract by simply communicating it to the customer indicating the reason; in this case, the customer will only be entitled to a refund of any sum already paid, with the express exclusion of any further compensation requested for any reason.
11.2 The obligations assumed by the buyer referred to in art. 8. (Obligations of the purchaser), as well as the guarantee of the successful completion of the payment, are essential, so that by express agreement, the non-fulfillment, by the user, of only one of these obligations will determine the legal termination of the contract ex art. 1456 of the Civil Code, without the need for a judicial ruling, without prejudice to the right of Oilalà to take action for compensation for further damage.
Art. 12 – Privacy (Brief information on the processing of personal data)
12.1 The data controller is Oilalà s.r.l. with registered office in Barletta (BT) in v. Callano 119.
12.2 Personal data is collected for the purpose of registering the customer and activating the procedures for the execution of this contract and the related necessary communications towards him; these data are processed electronically in compliance with the laws in force and may be exhibited only at the request of the judicial authority or other authorities authorized for this purpose by law.
12.2 Personal data will be disclosed to persons delegated to carry out the activities necessary for the execution of the stipulated contract and appointed as data processors. The updated list of data processors and authorized subjects is available at the headquarters of the Data Controller.
12.3 The interested party may exercise the rights recognized by the GDPR at any time. They are:
a) the right of access;
b) the right to rectify data;
c) the right to cancellation and oblivion;
d) the right to limit the processing;
e) the right to data portability.
Art. 13 – Jurisdiction and Competent Court
13.1 Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated “online” through the website www.oilala.com is subject to Italian jurisdiction. These general conditions report, for what is not foreseen, to the provisions of d. lgs. n. 206/2005.
13.2. For any dispute between the parties regarding this contract, the Court in whose district the consumer has his domicile will also have jurisdiction, according to current legislation; for all other customers (foreigners or non-consumers) it is expressly agreed that any dispute, even in derogation of the rules relating to territorial jurisdiction, will be the exclusive competence of the Court of Bari.
The customer declares to have read, understood clearly and expressly accept the clauses of the General Conditions of Sale sub 2), 3) 6), 7), 8), 9), 10), 11) and 13) and of the clauses contained therein of these general terms and conditions.