GENERAL TERMS AND CONDITIONS CONTRACT
As of 30.01.2020
1. General terms and conditions
The general contract conditions (hereinafter called "GTC") are valid for all types of contracts that are concluded through the site www.oliviasoap.it, between Olivia Soaps di De Fanti Fiorenza (later in this document referred to as “Olivia Soaps”) and “customers” defined as persons making purchases with Olivia Soaps.
The consumer is persons who conclude a contract for purposes unrelated to any business or professional activity that may be carried out.
2. Approval of the CGC
The customer accepts these terms and conditions and agrees to approve them as soon as the customer places an order.
3. Defense clause
The inclusion of general terms and conditions or customer conditions that deviate from these terms will be rejected, unless explicitly recognized by Olivia Soaps
4. Conclusion of the contract
a. Internet presence of Olivia Soaps on the website.
The presentation of the products on the site do not constitute an offer in a legal sense. It is an invitation to the customer to make an offer. The legal offer is in effect when the customer places the order. The order confirmation takes place together with the acceptance of the order immediately after the automatic sending of an e-mail. The purchase contract is concluded through this confirmation email.
b. Order process
In the product overview of the online store www.oliviasoaps.it, the customer can select the product / products by clicking on the "Add to cart" button. The products selected during the visit of the online store will be temporarily saved. By clicking on the "Checkout" button, next to the list of selected products, the order process will proceed. On the next page, the customer will be invited to register on the online store or access their data if in the past he has already placed an order or by creating a new account.
After registering, the customer can choose the place of delivery, the method of payment and provide the payment details. If the customer chooses external payment services, such as PayPal, he is redirected to the site of the respective payment service provider. The order data are summarized in an "order summary" before the order is released. The customer is free to check the data in the order summary and if necessary, correct them, before concluding the order by completing the transaction, thus transmitting the data to Olivia Soaps. By completing the transaction, the customer makes a binding offer for the products he has selected.
c. Order confirmation
After receiving the order, Olivia Soaps will send an e-mail notification to the e-mail address provided by the customer, in which it confirms receipt of the order and summarizes its contents (hereinafter called "order confirmation"). The order confirmation does not constitute the customer's approval of the purchase offer through Olivia Soaps. In the event that Olivia Soaps rejects the conclusion of the contract, this is immediately notified to the customer via e-mail.
Olivia Soaps reserves the right to refuse service for any reason before the products are sent to the customer. The customer will be given a full refund for purchases made on the website including shipping costs. Upon Olivia Soaps refunding the money to the customer the customer reserves no further rights to obtaining the product and this contract and said order are terminated and the customer has no legal right to further claim the product/products or damages.
5. Archiving of the contract
The contract and the customer order details are archived by Olivia Soaps and can be viewed by the customer under the link "My Account" and / or "My orders". Regardless of the data storage, Olivia Soaps sends the order confirmation and the conditions described under paragraph 4.C. to the email address provided by the customer.
6. Return policy
It is possible to return the goods within 14 days without indicating the reasons by returning the goods intact.
The following conditions apply to contracts for goods, which can be sent as a parcel by post.
Right of withdrawal for goods that can be sent as a parcel post
The consumer has the right to withdraw from the contract within fourteen days without indicating the reasons. The revocation period is fourteen days from the date on which the customer or a third party appointed by the customer, who is not the carrier, has passed into possession of the product. To exercise the right of withdrawal it is necessary for customers to contact Olivia Soaps at:
Via Mezzacampagna 7
33070 Caneva (PN)
Through an unequivocal and unique declaration (for example through a letter sent by post, fax or e-mail) to inform us of your decision to revoke the contract.
You can use our return form, which however is not mandatory. In order to comply with the revocation deadline for the customer it is sufficient to send the withdrawal message within the withdrawal deadline.
Effects of withdrawal
If the customer withdraws from this contract, we are obliged to reimburse all payments that we have received from the customer (with the exception of the additional costs that derive from the type of delivery chosen by the customer) within fourteen days from the date on which the notification was received. Revocation of the contract. For this refund, the same payment method used in the original transaction is used, unless explicitly agreed otherwise; in no case will fees be charged for this refund.
We can hold back the refund until we have received the returned goods, or have received proof of return of the goods from the customer. The customer has time to return the goods to us no later than 14 days from the day he canceled the contract. The deadline is met if you send the goods within the fourteen-day period. The shipping costs of the withdrawal are charged to the customer. Contracts for goods that are not prefabricated and for which manufacture there is a consumer choice or the goods have been adapted to the personal needs of users, cannot be revoked.
The right of withdrawal does not apply to the following contracts:
1. Contracts for the supply of goods that are not prefabricated and for which production an individual choice or decision by the consumer is required or have been clearly tailored to the consumer's personal needs.
2. Contracts for the supply of goods that can deteriorate rapidly or whose expiration date has passed.
3. Contracts for the supply of sealed goods that cannot be returned after delivery due to the opening of the seal for health or hygiene reasons.
4. Contracts for the supply of goods, which after delivery have been mixed with other products due to their nature and which are inseparable after mixing them.
End of withdrawal policy.
1. All prices are total; they include the cost of packaging and value added tax on sales (VAT).
2. Reservation on price errors. If the correct price is higher, the customer will be contacted; The contract comes into force only if the customer wishes to purchase at the actual price. In the event that the correct price is lower, it will be recalculated.
8. Shipping costs
1. In addition to the product prices, shipping costs are added. Additional information on shipping costs can be learned online on our website. The applicable sales tax is included in the shipping costs.
9 Delivery conditions
1. Unless otherwise agreed, delivery will take place at the address indicated by the customer.
2. The estimated delivery time is specified directly in the cart. When paying in advance, the shipping deadline starts one day after the receipt of the sum in the bank account of Olivia Soaps. In other cases, the delivery time starts from the day after receipt of the order.
3. In the event that damage occurs to the goods during transport, the customer must immediately claim the damage to the transport company.
4. Olivia Soaps does not assume any responsibility in the presence of obstacles in the context of suppliers or producers. If delivery or compliance with an agreed delivery time due to circumstances, which are not the responsibility of Olivia Soaps becomes impossible, Olivia Soaps has the right to cancel the contract in whole or in part. Olivia Soaps will inform the customer of this immediately. In this case, claims for damages are excluded. The customer will be informed of existing supply limitations before the start of the ordering process.
10. Due date and retention of title
1. The purchase price is due prior to shipping of the goods.
2. The delivered goods remain the property of Olivia Soaps until full payment.
11. Payment conditions
1. Olivia Soaps accepts the following payment methods: PayPal, credit card (Visa, MasterCard, American Express and Diners).
2. If you pay by direct debit, Olivia Soaps is authorized by the customer's debit authorization to deduct the sum of the order from the customer's bank account. The customer is responsible for covering the bank account concerned. Any changes in the bank account must be promptly communicated to Olivia Soaps. Olivia Soaps reserves the right to claim all costs incurred due to the customer's failure to comply with these obligations. Olivia Soaps is not responsible for overdraft fees or any fees incurred by the transaction the customer makes with Olivia Soaps.
3. In case of payment by credit card, the amount will be charged only after completing the purchase.
4. In case of payment through Paypal, the customer pays the invoice amount through PayPal. To make the payment with PayPal, the customer must register on the PayPal site. After logging in you can confirm the payment. Further information is available on the website at the time of the order.
5. The rules predefined by law apply. Reminder costs may be valid from the second payment reminder letter.
1. Unless otherwise specified, the general legal provisions apply.
2. The warranty is excluded for defects caused by the customer. This is especially true in the case of misuse
3. If the delivered items clearly have material and / or manufacturing defects (including transport damage), we ask the customer to indicate this immediately and to attach a photograph. Informing also the shipping company the customer indicated to use upon completing the purchase with Olivia Soaps.
1. Claims for damages from the customer to Olivia Soaps cannot be made unless it can be proven beyond reasonable doubt that Olivia Soaps acted maliciously or with severe negligence.
2. This does not affect liability for damage resulting from injury to life, body and health, for negligent or intentional violation of the contract, or if under the product liability law or negligence of the contract or breach of obligations or unlawful for Liability for property damage is mandatory. The fundamental contractual obligations are the obligations whose fulfillment makes possible the correct execution of the contract and on which the customer can rely.
3. Misuse of Olivia Soaps products are strictly prohibited, and no claims may be made against Olivia Soaps for misusing Olivia Soaps products even if injury or loss of life occurs.
14. Right of set-off and right of retention
1. The customer is not authorized to be compensated, unless the customer’s counterclaims are legally established or undisputed. The customer has a clearing duty towards our credit claim also, if he makes complaints or claims against the same claims of the contract.
2. The customer can only exercise a right of retention if his counterclaims are based on the same contract.
16. Changes to the general terms and conditions / subject to change
We have the right to modify the terms and conditions unilaterally, to the extent necessary to eliminate the equivalence infringements that emerge later, or to adapt to changes in the legal or technical context. In the event of a change, we will inform the customer by notifying the contents of the amended regulation by sending an e-mail to the last known e-mail address. The change is part of the contract and is valid, unless the customer objects in writing within six weeks after receiving the notification of the change.
17. Reserve clause
If any provision of these Terms and Conditions is invalid, the validity of the remaining provisions is not affected.