Conditions of Sale

    1. GENERAL INFORMATION These General Terms and Conditions of Sale (GTC) govern the retail sale of “donnafranca” brand food products carried out in Italy by Soc. Agr. Demar Ltd. Unipersonal. Benefit Society and aimed at Customers who purchase products from the site, by phone/fax and/or by mail order.
    2. DEFINITIONS In interpreting the General Terms and Conditions of Sale, the following terms shall be construed as follows:
      : Soc. Agr. Demar s.r.l. Unipersonale, with registered office in Contrada Spetterrata 1/A – 72015 Montalbano di Fasano (Br).
      Website: the website
      Correspondence: mailing of order forms through which a purchase can be made.
      Goods/Products: food products under the brand name “donnafranca”
      Consumer: a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity.
      Professional: an individual or legal entity engaged in trade, business, craft or professional activity.
      Customer(s): Consumer who possesses the age of majority and/or Professional who purchases the goods and to whom these GTC shall apply indifferently.
    3. SUBJECT OF THE CONTRACT The presentation of products on the website and in the printed catalogs represents an offer to the public and is addressed to natural persons over 18 years of age and to legal persons, excluding those who trade in them as part of the exercise of an entrepreneurial, commercial, craft or professional activity. Product features are shown and described on the website and in the printed catalogs. The images included on the website and/or in the printed catalogs describing the products are for illustrative purposes only, are purely indicative and do not constitute a contractual element. Sending the order will be considered as a contractual proposal of purchase addressed by the Customer to Soc. Agr. Demar s.r.l. Unipersonale for the chosen products, each considered individually. The Customer agrees that at the same time as sending the order may receive at the email address possibly indicated a notice of acceptance of the order containing its summary, the agreed price and all the information required by law and, subsequently, by email or text message (if the customer has provided us with these contact details) messages containing notice of shipment and scheduling of delivery of products ordered. Receipt of messages does not constitute acceptance of the purchase proposal. In any case, the customer will receive written confirmation of all information upon delivery of the goods. Only upon delivery of the shipment will the distance sales contract (hereinafter, “Contract”) be deemed concluded pursuant to Art. 50 et seq. of Leg. September 6, 2005, no. 206.
    4. APPLICABLE REGULATIONS The Contract is governed by these GTCV as well as, where applicable, by the provisions of Legislative Decree no. 6 September 2005, no. 206 (hereinafter, “Consumer Code”) and and for the sale on the site of Legislative Decree no. 70/2003 and, where applicable, as well as the provisions of the Civil Code, to the extent not already expressly provided for herein.
    5. ORDER CANCELLATION The Customer may cancel the order until it has been prepared for the shipping process. No charge will be made in this case. This is without prejudice to the right of withdrawal under the terms and conditions specified in the appropriate paragraph 14.
    6. PRICES AND SHIPPING CHARGES Prices shown are valid for Italy only and include V.A.T., containers, packaging. There may be price differences between the products shown in the printed Catalogs and those presented on the website and/or in the Professionals-only offers. Prices are subject to change, both upward and downward. Soc. Agr. Demar s.r.l. Unipersonale invites the Customer to check the indicated price before placing the order. In the event that, due to misunderstandings or other inconveniences attributable to the operation of computer systems, a price other than the actual price is indicated in error, Soc. Agr. Demar s.r.l. Unipersonale will promptly contact the Customer to ascertain whether he/she still wishes to purchase the product at the correct price or waive the order. Delivery to the address indicated by the Customer is included in the price displayed in the case of orders over 150 euros for Italy, and 250 euros for EU countries (not Extra EU). In other cases, the contribution to delivery costs is 15 euros for Italy, 25 euros for EU, 45 euros for Extra EU.
    7. METHODS OF PAYMENT The methods of payment for the order that the Customer can use, regardless of the channel through which the purchase is made is: through electronic instruments to be indicated at the time of the order: Credit Cards agreed. Soc. Agr. Demar Ltd. Unipersonale uses SumUp’s banking gateway for all electronic payments. Credit cards issued by any bank can be used as long as they belong to the authorized circuits. With the use of these instruments, a payment authorization may be requested by the payment processor from the issuing bank to verify the validity of the payment method, whereby the Customer’s bank may block the amount equal to the order fee until the transaction is processed or until the authorization expires. In case of anomalies or irregularities resulting at the time of authorization and/or payment, Soc. Agr. Demar s.r.l. Unipersonale reserves the right not to accept the order and/or to terminate the concluded contract, if any, without the Customer being entitled to compensation for any damages or to assert any other claims.For mail, telephone and fax orders only, the following payment methods may also be used: c) in advance by bank transfer, check, deposit in c.c.p. Any bank transfer and deposit charges, shall be borne solely by the Customer.
    8. INVOICES The Soc. Agr. Demar s.r.l. Unipersonale is exempted from the obligation to issue an invoice to Consumers according to Article 22 of Presidential Decree no. 633/72, Art. 2(oo) of Presidential Decree Dec. 21, 1996 no. 696 and Article 1(1)(a) of Ministerial Decree May 10, 2019. Instead, there is an obligation to the Professional. Customers who purchase through the site and require an invoice must request one when ordering. If they order by phone or mail, they should make the same request and provide the same data.
    9. OBLIGATIONS AND RESPONSIBILITIES OF THE CLIENT The Customer undertakes to issue in the order the information necessary for the delivery of the goods in a complete, truthful and correct manner and not to place orders in such a way as to cause, or be likely to cause, interruption, damage or malfunction to the activities of Soc. Agr. Demar s.r.l. Unipersonale, or for fraudulent purposes, or otherwise to commit illegal activities, or to cause disturbance or injury to Soc. Agr. Demar s.r.l. Unipersonal or to third parties. In such cases, the order may be cancelled, the personal account of the person who placed the order blocked, and the relevant authorities may be informed. The Customer registered on the site agrees to diligently guard the credentials for accessing the site and is solely responsible for all activities performed on behalf of his/her account. The Customer is solely responsible for the statements made when registering on the site, or placing an order, and for any errors in the information necessary for the correct delivery of the goods. Therefore, Socr. Agr. Demar s.r.l. Unipersonale is not responsible for non-delivery of purchased goods determined by errors of the Customer in the indication of the shipping address.
    10. DELIVERY METHODS The Soc. Agr. Demar s.r.l. Unipersonale delivers directly to the address indicated by the Customer when ordering; therefore, the ordered goods travel completely at the risk of Soc. Agr. Demar Ltd. Unipersonal. Verification of the integrity of the shipment of goods is the responsibility of the Customer upon delivery of the goods. The Customer must then check the integrity of the packages and the quantitative and qualitative correspondence of the products. In case of any damage or shortage, the Customer shall promptly report it to the carrier. In such cases, Socr. Agr. Demar s.r.l. Unipersonale invites the Customer to refuse the delivery. Acceptance of the goods without the Customer having made a challenge or reservation to the carrier, which shall be noted in the transport document, shall be equivalent to recognition of the conformity of the delivery of the goods purchased in quantity and quality. This is without prejudice to the right of withdrawal under the terms and conditions stated in the appropriate paragraph 13. Depending on the destination area of the goods, deliveries may take place within a time frame ranging from 2 to 15 days after receipt of the order, barring mishaps. The Soc. Agr. Demar s.r.l. Unipersonale kindly asks the Customer to consider that the estimated time of dispatch and delivery of the products are purely indicative and cannot be totally relied upon. In the case of bank transfer and prepayment in c.c.p., the shipment will take place as soon as the crediting of the current account of Soc. Agr. Demar Ltd. Unipersonal. For this reason it may take a few extra working days. Couriers are not allowed to leave purchased goods unattended. Therefore, the Customer when ordering is asked to make notes on delivery preferences.
    11. DELIVERY AREAS The Soc. Agr. Demar s.r.l. Unipersonale makes deliveries throughout the country and Europe using an external distribution system.
    12. UNAVAILABILITY OF PRODUCTS Should the products ordered be temporarily unavailable, Soc. Agr. Demar s.r.l. Unipersonale will promptly inform the Customer, without prejudice to the latter’s right to waive the order. In the event of a negative outcome of the availability check of the product, the Customer will be immediately notified by e-mail or – if it has not issued e-mail – by phone which will be followed by the cancellation of the payment authorization or, if it has occurred, the full refund of any price already paid by the Customer by bank transfer to the IBAN code that will be communicated by the Customer or by check.
    13. RIGHT OF WITHDRAWAL The Customer has the right to withdraw from the contract and proceed with the return of the goods, provided they are intact and in the same condition in which they were delivered (unless the product was not to his liking), without having to provide any reason or incur any cost even after the 14 days provided by the Consumer Code for the right of withdrawal.
    14. LEGAL WARRANTY OF CONFORMITY All purchased products enjoy the legal warranty. At the sale of the Products to the Customer Soc. Agr. Demar s.r.l. Unipersonale applies the legal guarantee of conformity provided for in articles 128-135 of the Consumer Code. The Soc. Agr. Demar s.r.l. Unipersonale shall be liable to the Customer for any lack of conformity of the products sold existing at the time of delivery of such products and manifesting itself within the term of two years from delivery, subject to the shorter term of the date of the minimum shelf life or expiration date indicated on the product. The conformity defect must be reported by the Customer within the period of 2 months from the date he/she discovered the defect. Unless proven otherwise, conformity defects that become apparent within 6 months after delivery of the product are presumed to have existed on that date, unless such an assumption is inconsistent with the nature of the product (e.g., because it is perishable or because it is subject to a shorter expiration date) or with the nature of the conformity defect (e.g., due to slight deterioration resulting from wear and tear). In any case, damages and/or anomalies that have been procured by the Customer and do not result from a conformity defect are excluded from the legal warranty. In the cases referred to in the preceding paragraph, the Customer has the right to the restoration, without charge, of the conformity of the product by means of replacement, or to an appropriate price reduction or termination of the contract in accordance with the provisions of the Consumer Code. The report of any defects and non-conformities must be transmitted by the Customer to the contact details of Soc. Agr. Demar s.r.l. Unipersonale indicated in paragraph 13 or on the site, indicating the defect and/or non-conformity found, as well as the relevant documentation proving the date of purchase. Upon receiving such a report, Socr. Agr. Demar s.r.l. Unipersonale will contact the Customer for the enjoyment by him of the legal warranty within a reasonable time, taking into account the type of product, nature of the defect and possibility of replacement.
    15. COMPLAINTS Without prejudice to complaints of non-conformity, for any report, complaint or request for information, you may contact directly at: quoting, if necessary, the order number assigned at the conclusion of the order given in the order confirmation sent by e-mail, if received.
    16. CHILD PROTECTION Minors under 18 years of age are not permitted, except under the supervision of an adult family member, to submit orders via the online order form. The Soc. Agr. Demar s.r.l. Unipersonale assumes no responsibility for any untrue age statements that may be made when purchasing products.
    17. INTELLECTUAL PROPERTY The Soc. Agr. Demar s.r.l. Unipersonale has any and all intellectual property rights over the Site, the brands “Olio DonnaFranca”, “Olio Allegretti” and the content and materials published therein (domain names, trademarks, texts, images, etc.). It is not permitted to systematically extract and/or reuse, modify, transfer even by mining, robot or Artificial Intelligence tools, parts of the material and/or content of the Site and/or printed catalogs without the prior and express written consent of Soc. Agr. Demar Ltd. Unipersonal.
    18. APPLICABLE LAW AND COMPETENT COURT These GTC are governed by and shall be interpreted in accordance with Italian law. The language in which the Contract is concluded is Italian. In case of conflict between any versions of the General Conditions prepared in a language other than Italian (intended for other territorial areas) and accepted by the Customer, the meaning and interpretation of these GTC shall prevail in any case. For any dispute arising from the interpretation of these GTC or their execution or concerning the termination of this distance sales contract under Art. 63 of the Consumer Code, the mandatory territorial jurisdiction is of the court of the place of residence or domicile of the Customer himself, if located in Italy.
    19. CHANGES OR VARIATIONS TO THE CONDITIONS The Soc. Agr. Demar s.r.l. Unipersonale reserves the right to change the Site, catalogs and these General Terms and Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory requirements. Customer shall be subject to the policies and terms of the GTC in effect from time to time at the time it orders products, unless any changes are required by applicable law or competent authorities (in the latter case, the changes shall also apply to orders placed previously). Should any provision of these GTC be wholly or partially invalid, void and/or ineffective, or for any reason unenforceable, the remaining provisions of the GTC shall in all cases remain valid and effective. For anything not expressly provided for in these GTC, current Italian law shall apply.
    20. PROTECTION OF PERSONAL DATA For information on the processing of personal data, you can consult the page of the website Privacy Policy
    21. CONTACTS For any communications, please contact the Soc. Agr. Demar s.r.l. Unipersonal At the following addresses: Contrada Spetterrata 1/A 18100 Montalbano di Fasano (Br) +39 393 976 2474