Owner of Madama Oliva Shop and related Services
Madama Oliva srl
Registered office: Via di S. Costanza no. 35 00198 Rome (RM)
Head Office and Factory: z. i. loc. Recocce - 67061 - Carsoli (AQ) - Italy
Tax ID/VAT number: 10702821009
Economic and Administrative Index No. 1250999
Share capital € 3,000,000 (fully paid-up)
Information on Madama Oliva Shop
Madama Oliva Shop is an e-commerce site owned by the company Madama Oliva srl.
The service offered by Madama Oliva Shop as described by these Terms and within Madama Oliva Shop.
The natural or legal person who uses the Service.
Terms and Conditions (or Terms)
These general conditions of service, which constitute a legally binding agreement between the User and the Owner.
Order processing receipt
Indicates the email that the Owner sends upon receipt of the order.
Indicates the email that the Owner sends when the products are shipped, confirming the shipment of all or part of the products purchased.
Sample withdrawal form
Addressed to the Owner [stating the complete header]: I/we (*) hereby notify you of the withdrawal from my/our (*) sales contract for the following goods/services: (*), Ordered on (*)/received on (*), Name of the consumer(s), Address of the consumer(s), Date.
Content provided by the User
Users are responsible for their own content and that of third parties that they share on Madama Oliva Shop, by uploading or adding content in any other way. Users indemnify the Owner from any liability in relation to the illegal dissemination of third party content or the use of Madama Oliva Shop in an unlawful manner. The Owner does not carry out any type of moderation of the content published by the User or by third parties, but undertakes to take action in response to reports from Users or orders given by public authorities in relation to content deemed offensive or illegal.
Rights on content provided by Users
The only rights granted to the Owner in relation to content provided by Users are those necessary for the operation and maintenance of Madama Oliva Shop.
Content provided by third parties
The Owner does not carry out any prior moderation of content or links provided by third parties shown on Madama Oliva Shop. The Owner is not responsible for such content and its accessibility.
Each order sent by the User constitutes an offer to purchase the products. Orders are subject to availability and the Owner's discretionary acceptance. To complete the online shopping process, the User will need to select the products and complete the checkout after carefully checking the information in the order summary. The order is placed by confirming the order and is subject to payment of the price, taxes and shipping and payment costs indicated in the Order Summary form. The Order processing Receipt does not constitute acceptance of the order. The conclusion of the contract takes place when the Order Confirmation is sent by the Owner to the email address provided by the User. The Owner reserves the right not to confirm an order, informing the User of the unavailability of one or more of the products purchased within 5 working days of them placing the order, via the email address associated with the purchase. In this case, the Owner will refund the price of the products and, if all the products purchased are not available, the shipping costs incurred by the User. Users are required to register on Madama Oliva Shop by providing their personal data and shipping address. Shipping costs are not included and vary according to the destination. The prices are indicated in Euros and include VAT. Madama Oliva Shop can make various offers over the course of the year.
The payment methods available to Users are described on the relevant pages of the website.
Madama Oliva Shop uses third-party tools for processing payments and does not in any way enter into contact with payment details provided by the User, such as those relating to credit cards.
For each order placed, if the Users have made an express request by ticking the appropriate box in the order submission form and have provided the necessary data (valid VAT number or tax ID) when registering their Account, the Data Controller issues an invoice for the material sent, sending it by email to the User who made the order. As regards the details provided at the time the invoice is issued, we use the information provided by the User at the time of processing the order. No change in the invoice will be possible after the invoice has been issued.
Prices, descriptions and availability of the products on display are subject to change without notice. The photographs shown are adapted in relation to the display tool and for this reason they are merely indicative of the appearance and dimensions of the products, as these may partially differ from the images presented.
Even after the Order Confirmation email is sent, in the event that some products are unavailable due to non-supply by the producers and/or suppliers of the Owner or other causes not foreseeable at the time the order was concluded, the Owner will reimburse the User for the price of the unavailable products ordered.
Execution of the Order
The Order is executed within the terms specified in the summary page and in the Order Confirmation email, subject to the availability of the ordered product. The Owner cannot be held liable for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time the Order Confirmation is sent.
Deliveries are made during the usual working hours of the appointed couriers, to the address indicated by the User and in the manner specified in the order summary.
Upon delivery of the goods by the courier, the User is required to check that the number of packages actually delivered corresponds to that indicated in the transport document and that the packaging is fully intact, not damaged, nor compromised by atmospheric events or otherwise altered. Upon delivery, the User is also required to check the packaging, specifying any anomalies in the delivery form. If the User finds any obvious damage to the packaging and/or the products contained therein or a mismatch in the number of packages, they must immediately notify them, affixing a written subject to check label (specifying the reason for the check, e.g. "perforated packaging", "crushed packaging", etc.) on the courier's proof of delivery and promptly inform the Owner. Once the delivery note has been signed, the Customer will not be able to raise any dispute about the external characteristics of what was delivered. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported using the contact methods provided by the Owner.
In the event of non-collection within 5 working days of the material having been stored at the courier's warehouses due to repeated inability to deliver to the address indicated by the User at the time of the order, the products will be returned to the Owner, who, depending on of the User's wishes, will reimburse the price of the products (but not the shipping cost), or will make arrangements for new shipping and the related additional costs. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the User, for any damage that may have occurred to the products after delivery to the carrier or for delays in delivery attributable to it. Unless otherwise indicated, Madama Oliva Shop can only process orders to be delivered within the Italian territory. However, delivery to the regions of Livigno and Campione d'Italia is excluded.
Right of withdrawal
In the event of purchase of products or services from Madama Oliva Shop, the User has the right to withdraw from the contract without giving any reason within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party - other than the carrier and designated by the User - takes physical possession of the goods. To exercise the right of withdrawal, the User is required to inform the Owner of the decision to withdraw using the declaration form at the bottom of the document.
Effects of withdrawal
If the User withdraws from this contract, they will be reimbursed for all payments made to the Owner, including delivery costs (with the exception of additional costs incurred where you have chosen a delivery method other than our least expensive standard delivery method), without undue delay and in any case no later than 14 days from the day on which the Owner is informed of the User's decision to withdraw from this contract. These refunds will be made using the same payment method used by the User for the purchase. Where this is not possible, the User may agree on a different reimbursement method. In any case, the User will not have to incur any costs as a consequence of this reimbursement. The refund may be delayed until the goods are received or until proof is received that the goods have been sent by the User.
The User is required to return the goods and deliver them to the Owner without undue delay and in any case within 14 days from the date on which they announced their withdrawal from this contract. To comply with this deadline, the User must send the goods back before the 14-day period expires. The User will bear the costs to return the items. The User is only responsible for any decrease in the goods' value which results from them being handled in a way other than that necessary to establish their nature, characteristics and functioning.
The User must include a copy of the order confirmation email inside the packaging box.
Limitations to the right of withdrawal on products
Damaged or used products are not replaced or refunded, even partially. The User must include a copy of the order confirmation email inside the packaging box.
The right of withdrawal does not apply: to goods made to measure or clearly personalized or which, by their nature, are liable to deteriorate rapidly (such as fresh food products), those that are sealed and not suitable for being returned for hygiene reasons or are related to health protection and have been opened after delivery.
In particular, pursuant to art. 47, paragraph 1, letter l) of the Italian Consumer Code, the right of withdrawal does not apply to contracts for the supply of food, drinks or other goods intended for current consumption in the household and physically supplied by a professional on frequent and regular trips to the consumer's home, residence or workplace.
The consumer user has the right to a guarantee of the compliance of the products and services purchased. Except for food products, the guarantee has a duration of 24 months starting from the delivery of the goods and ant non-compliance must be communicated to the Owner within 2 months of discovery.
To exercise the right of guarantee, the User must send an email to the Owner indicating the order number and an accurate description of the defect (it is advisable to also attach photographs).
All elements are essential and will be verified by the Owner before responding to the User.
If the non-compliance of the product is ascertained, the User has the right to obtain its repair or replacement, if necessary after returning the defective product to the Owner. The User also has the right to ask the Owner for a reasonable price reduction or the termination of the contract if the repair and replacement are impossible or excessively expensive, the Owner has not repaired or replaced the goods within a reasonable time, in any case not less than 15 days, or the replacement or repair previously carried out has caused significant inconvenience to the User. To exercise the right of guarantee and for further information in this regard, the User is required to contact the Owner.
Withdrawal and Closure of User Accounts
Registered Users can deactivate their Accounts, request their erasure or stop using the Service at any time, through the Madama Oliva Shop interface or by contacting the Owner directly.
In the event that these conditions of sale are violated, the Owner reserves the right to suspend or close the User's Account at any time, without notice.
The Owner reserves the unquestionable right, at any time and without notice, to bar access to Madama Oliva Shop, entirely or limited to some features, by User Accounts for which payment irregularities, non-payment, damage to its reputation via the internet, obscene, vulgar or inappropriate language on comment and review functions, repeated and continuous unfinished order attempts, cyber attacks or any other activity, explicit or implicit, which may cause direct or indirect damage to the Owner has been observed.
The Service is provided "as is"
The Service is provided by the Owner "as is", without any express or implied guarantee as to its accuracy or availability.
The Owner reserves the right to add or remove functionalities or features or suspend or completely interrupt the provision of the Service, both temporarily and definitively. In the event of a definitive interruption, the Owner will act to the fullest extent possible to allow Users to withdraw their information hosted by the Owner.
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of Madama Oliva Shop and its Services without the express permission of the Owner.
The User undertakes to indemnify the Owner (as well as any companies controlled or affiliated thereby, its representatives, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal fees incurred to defend themselves in court, which may arise due to damages caused to other Users or third parties, in relation to the content uploaded online, to the violation of the law or the terms of these terms and conditions of service.
• Reverse engineer, decompile, disassemble, modify or create derivative works based on Madama Oliva Shop or any portion thereof;
• Bypass the computer systems used by Madama Oliva Shop or its licensors to protect the content accessible through it;
• Copy, store, modify, change, prepare derivative works or alter in any way any of the content provided by Madama Oliva Shop;
• Use any robot, spider, or any other device, process or automatic means to access, retrieve, scrape or index any portion of Madama Oliva Shop or its content;
• Lease, license or sublicense Madama Oliva Shop;
• Defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights (such as the right to privacy and publicity) of others;
• Disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
• Use Madama Oliva Shop in any other improper way that violates these Terms and Conditions.
All the trademarks of the Owner, figurative or nominative, and all other signs, trade names, service marks, word marks, commercial names, illustrations, images and logos that appear concerning Madama Oliva srl are and remain the exclusive property of the Owner or of the its licensors and are protected by applicable trademark laws and related international treaties.
Users declare themselves to be of adult age according to the legislation which applies to them. Minors may only use Madama Oliva Shop with the assistance of a parent or guardian. Under no circumstances may children under 13 use Madama Oliva Shop.
Limitations of liability
Within the limits of the applicable law, the Owner is only liable for damages of a contractual and extra-contractual nature to Users or third parties when these constitute an immediate and direct consequence, due to willful misconduct or gross negligence, of the activity of Madama Oliva srl.
The User expressly exonerates and releases the Owner of the Application from any liability, within the limits permitted by applicable legislation, in relation to any damages or claims, of their own and/or of third parties, of any type and kind, including direct, indirect, punitive, incidental or special damages, damages resulting from lost profits, lost revenues, data loss or replacement costs arising from or otherwise connected with this agreement.
The Owner guarantees the proper conservation and quality of food products only up to the time of delivery at the place indicated by the User; any liability relating to the bad condition of the products due to improper storage after delivery is excluded.
Changes to these Terms and Conditions
The Owner reserves the right to make changes to these Terms and Conditions at any time, giving notice to the User by publishing it in Madama Oliva Shop.
Users who continue to use Madama Oliva Shop after the publication of the changes accept the new Terms and Conditions without reserve.
Transfer of the contract
The Owner reserves the right to transfer, assign, dispose by novation or subcontract all or some of the rights or obligations deriving from these Terms and Conditions, provided that the User's rights provided herein are not affected.
The User may not assign or transfer in any way their rights or obligations under these Terms and Conditions without the written authorization of the Owner.
All communications relating to Madama Oliva srl must be sent using the contact information indicated.
Should any clause of these Terms and Conditions be found to be invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be affected by this and will remain effective.
Applicable law and Jurisdiction
These Terms and Conditions and all disputes concerning the execution, interpretation and validity of this contract are subject to the law, the jurisdiction of the State and the exclusive jurisdiction of the court of the place in which the Owner has its registered office. The sole exception is the consumer court, where the law so provides.