General terms and conditions of sale
1. General Information
The purpose of these general conditions of sale (referred to in this document as “general conditions”) regulate the remote sale of products available on the website www.colavita.it (referred to in this document as the “website”) including payment and delivery, as per the Italian legislative decree 206/2005 and subsequent changes and additions (referred to in this document as “Consumer Code”).
The product seller and the website owner is Colavita S.p.A. with registered address in Via Laurentina km 23, 00071 Pomezia (RM), Fiscal code 05650921009, registered email address (PEC): colavitaspa@legalmail.it (referred to in this document as “Colavita”).
The individual who accesses the site to make purchases (referred to in this document as the “Customer”) must read these general conditions carefully. Accepting these terms and conditions is an essential pre-requisite to fulfil the contract of sale in line with Italian legislation. The e-commerce element of the website is only available to users 18 years and over.
Colavita is exempt from the requirement to issue an invoice to customers as per article 22 of the Presidential Decree of the Republic (referred to hereafter as D.P.R.) no.633/72, article 2, letter oo of the DPR no.696, 21 December 1996, and article 1, comma 1, letter a) of Ministerial Decree of the 10th of May 2019. In the event that the customer requires an invoice, they may proceed with their purchase of products via email at ordini@colavita.it.
In the event that the individual making purchases is not a ‘customer’ as described by article 3, comma 1, letter a) of the Consumer Code, the right to withdraw is not applicable (as per point 6.3 of these general conditions) or, generally, the terms of the Consumer Code which are exclusively applicable to “customers”.
2. Product Information
Information relating to the products for sale is available on the website. It should be noted that information about the products delivered may be different to that displayed on the website, and customers should always check the label on the physical product.
The images of the products on the website are usually photographs accompanied by a written description. It should be noted that the images are for representative purposes for the sale of the product only, and may not be exactly the same as the product delivered (it may vary in terms of graphics, colour or size). If there is a discrepancy between the image and the description of the product, reference should be made to the written description.
The price of products published on the website may be changed without notice. The price charged to the user will be the same as that indicated on the product at the moment that the order is placed by the customer.
Product promotions and offers published on the website or sent by email have a limited period and are valid while stocks last.
Product prices are displayed inclusive of any sales tax or duty. Any additional costs, where applicable, are shown next to the product for sale. All prices are displayed in Euros (€).
3. Proceeding with an order – contract of sale
To proceed with ordering products, the customer must fill out and send the electronic order form following the instructions on the website. The customer must add products to the shopping basket, and after having viewed and agreed to the privacy policy and the general conditions, they must insert a delivery address, confirm their payment method and then confirm the order.
Upon placing an order on the website, which is contractually binding, the customer acknowledges and declares to have read and understood all the instructions and information provided during the order process, and to have fully accepted these general conditions and conditions of sale, including that laid out in the privacy policy.
The contract stipulated between Colavita and the customer must be confirmed by Colavita in accepting the order. This acceptance will be communicated to customers by email, with an order confirmation as per article 13 of Legislative Decree 70/2003, containing a summary of the general conditions, an order number, delivery dates and a list of the products ordered with their details, the total price (including delivery) and the method of payment used. The customer should check the confirmation email and if there are any errors they should signal these within 12 hours of receiving the email by contacting Customer Services. After this time period, the order will be processed and changes cannot be made (without prejudice to the consumer rights as laid out in point 6).
Once they have received the order, Colavita will check the availability of the products requested. In the event that one or more products are not available, Colavita will contact the customer and propose a similar alternative, or remove the unavailable product from the order.
In the event that one or more products are not available, Colavita will not charge for them. In the event that the order payment has been made via bank transfer, a refund will be made as per point 6 of these general conditions.
4. Payment methods
4.a. Payment methods
The customer may pay for the products and additional costs via credit or debit card, PayPal, and bank transfer in advance.
To ensure maximum transaction security, Colavita does not store customer payment data, and transactions are made through secure servers operated by Shopify Payments, an integrated partner site which manages all online payments (excluding bank transfers). The appropriate credit institute uses SSL protocols to encrypt data transferred between its server and the customer’s browser.
It should be noted that Colavita does not charge customers a fee for using credit or debit cards. If for any reason the customer’s payment is refused, Colavita will cancel the customer’s order and inform them of this action.
Credit cards/debit cards
The following networks can be used to make purchases on the website: Visa/Visa Electron, MasterCard and American Express.
The relevant credit institute uses SSL protocol to encrypt data transferred between its server and the customer’s browser. This data is not stored by the Colavita website.
PayPal
Once the order is confirmed, the customer will be redirected to the PayPal website where they will be able to complete payment in accordance with PayPal’s procedure and in line with the relevant terms and conditions.
Bank transfer in advance
The bank transfer option is shown among the payment options at checkout. The customer must complete the bank transfer within 3 days of the order date. If this is not completed, the order will be cancelled.
Details for bank transfers:
Account name: Colavita S.p.A.
IBAN: IT 73 Q 02008 05364 000500044326
BIC/SWIFT: UNCRITMMORR
Bank: Unicredit Spa - P.za S. Benedetto da Norcia, 29 - 00071 Pomezia RM
Payment description: the customer must write the order date and number in the ‘description’ field of their bank transfer, found in the order confirmation email (for example: order no.0001 on 01/01/22).
4b) Payment authorisation and completion
If payment is made by credit/debit card or PayPal, when the customer confirms their order a pre-authorisation for the amount via their chosen payment method will be made. The actual payment will take place upon completion of the order and the final amount will include the cost of products which have actually been delivered, plus any delivery costs or additional services requested by the customer.
5. Delivery terms and responsibilities
Products purchased on the website will be delivered to the address provided by the customer during the purchase process in the appropriate “delivery details” fields. Delivery will be considered complete when the ordered goods are in the customer’s possession, or have been picked up/received by a delegated recipient.
Order dispatch will be managed by Colavita, who commit to providing couriers with the ordered products within 48 hours of order completion. In the event that these timescales cannot be adhered to (for example if products are not immediately available in the warehouse), Colavita will contact the customer in the most timely manner available to let them know when their order can be delivered. Once products have been delivered, the customer will receive a confirmation email including the delivery tracking details.
Delivery will be made via courier on weekdays (from Monday to Friday). Courier delivery timescales are usually 24/48 hours. Colavita does not assume responsibility for any unforeseen delays or for any damage, loss, costs, incorrect or missing products caused by force majeure (for example natural disasters, adverse weather conditions, strikes, accidents etc).
The delivery service will make two attempts to deliver the parcel to the address indicated when the order was made. After each attempt, a note will be left by the courier. If there is nobody to receive the parcel on the second delivery attempt (or in the event that the address details are not correct), the courier will attempt to contact the customer via telephone on the number given when the order was made to arrange another delivery. If the customer cannot be contacted (or there is no response), the goods will be returned to the warehouse and the customer will be charged for the delivery costs. Under no circumstances will the delivery costs be refunded.
6. Returns and Refunds
The customer can request a return and/or a replacement product in the three scenarios listed below.
Any refunds will be made using the same payment method used by the customer upon ordering. This will be carried out within 10 (ten) working days of the acceptance of the refund request by Colavita.
If a bank transfer has been made, the customer should provide the bank details to be used for any potential refunds (account name, the bank’s name and address and the IBAN). The refund will be made within 10 (ten) working days from the date of receipt of all the necessary information to carry out the transfer.
The timescales for the amount to arrive in the customer’s bank account vary according to the chosen payment method/bank.
6.1 Replacement of, or refund for, a product damaged during transit
If the delivery has been received but with packaging that has been damaged, broken or stained by product spillage, the customer should reject the delivery and write the reason for this on the courier’s appropriate delivery form.
If the delivery arrives in various parcels and not all of them arrive damaged, the customer can just reject the packages which are damaged, noting this on the appropriate courier form and indicating the number of packages damaged and the number returned via courier.
Damaged products will be replaced by Colavita without any additional cost for the customer up to 10 working days from the delivery date. In the event that the product to be replaced is unavailable, the customer will be contacted promptly by Colavita to arrange and agree to delivery of an alternative product of the same value, or to carry out a refund.
The delivery costs to return damaged parcels to Colavita, any potential deliveries to customers of replacement products or any costs relating to refunds will be borne by Colavita.
6.2 Replacement or refund of faulty products
If the customer finds a defect in the product, they must promptly inform Colavita via Customer Services, providing their name, order number, describing the problem in detail (attaching supporting photos) and then proceed with returning the product.
Colavita will check the fault and replace it where appropriate, informing the customer via email.
The customer must follow the instructions given for packaging the products safely (if possible in the original packaging), affix the delivery label and include the completed form for returned goods inside the package.
Colavita will replace faulty products at its own cost, including re-delivery. In the event that the product originally ordered by the customer is no longer available, Colavita will proceed with refunding the amount paid by the customer.
6.3 Right to withdraw
The customer has the right to withdraw from the contract of sale without providing a reason and without repercussions (apart from the exceptions outlined in point 3). To exercise this right, the customer must download and fill out this form to Colavita within 14 days of receiving the products, or at any time before receiving them.
The form must be sent via recorded delivery (or via official certified email – PEC) to:
Customer Services
Colavita S.p.A.
Via Laurentina km 23
00071 Pomezia (RM)
PEC email: colavitaspa@legalmail.it
Colavita Customer Services will open a ‘ticket’ to manage the returns process and will provide the customer with instructions on how to return the products via courier to Colavita.
The right to withdraw is dependent on the following conditions:
- This right is applicable for products purchased in their entirety. If products have several elements or parts, it is not possible to return single parts of the product purchased.
- If the customer exercises their right to withdrawal, Colavita will refund the total cost of the products returned, excluding the delivery costs where applicable, within 14 days from the date of receiving the return notification form. Colavita reserves the right to withhold refunds until the returned products have arrived. The refund will be made via the method described in these general conditions.
- In addition to the scenarios described in point 1 of these general conditions, the right to withdraw is not applicable for the following cases (in line with article 59 of legislative decree 21/2014):
- Orders of products which are personalised or have been created on a one-off basis
- Orders of products which have a short expiry date or are at risk of spoiling
- Orders of sealed products which are not suitable for returns for reasons of hygiene, to protect health and safety, or that have been opened after being delivered.
Taking note of the above exemptions, customers are informed (and accept) that all food products belong to the categories above due to their characteristics – these types of product may also be subject to alterations if they are not stored correctly. Therefore, for reasons of hygiene and to protect customers, the right to withdraw is only applicable for products purchased on the website which can be returned to Colavita and resold without any risk to customer health and safety (for example books, kitchen utensils etc.).
If the products returned are exempt from the right to withdraw, Colavita will attempt to redeliver them to the customer, charging the delivery costs to the customer, or dispose of the product where appropriate.
7. Disclaimer in the event of force majeure
Under no circumstances may Colavita be held responsible for not fulfilling its contractual obligations deriving from these general conditions in the case that this is caused by force majeure (for example, including but not limited to: natural disasters, terrorist acts, internet blackouts or malfunctions).
8. Interruption of service
Colavita reserves the right to temporarily interrupt the operation of the website without prior communication for the time strictly necessary to carry out appropriate/necessary technical interventions to improve the quality of service.
Colavita may, at any time, interrupt access to the online service offered to customers where there is a valid reason (for security, privacy breaches or for illicit use of the website), providing prompt communication when necessary.
9. Legal guarantees and lack of conformity
If a product sold is considered to be in the category of ‘lack of conformity’, the customer must immediately contact customer services and the contents of point 6.2 of these general conditions are applicable.
The sale of products is subject to the legal guarantees as outlined in articles 129, 130 and 132 of the Consumer Code. The customer has the right, if they so choose and if the type of product permits it, to the repairing or replacement of a product in order that it conforms to the description. Alternatively, they may choose a suitable price reduction, or the cancellation of the contract of sale.
The customer loses this right if they do not communicate the non-conformity of the product(s) to Colavita within 2 months of discovering the fault, unless the product by its nature is perishable or subject to a short expiry date. In this last case the fault must be reported within this reduced timescale.
10. Errors and limited liability
Information relating to products sold on the website are updated regularly. However, it is not possible to guarantee complete freedom from errors on the website, and therefore Colavita cannot be held responsible, except in the case of severe negligence.
Colavita reserves the right to correct errors or to add missing information even after an order has been placed, or to change or update information at any time without giving prior notification, without prejudice to the customer rights as laid out in these general conditions and in the Consumer Code.
Apart from cases of malice or serious negligence, customers are exempt from exercising their right to claim damages, and may not make recourse to contractual/extra-contractual responsibilities for any direct or indirect damages to persons or objects due to the full or partial non-acceptance or non-processing of an order.
Colavita promotes the responsible consumption of alcohol and is not liable if any alcohol purchases made by under-18s, apart from cases of malice or serious negligence. Individuals purchasing products containing alcohol declare to be over 18 as per article 7 of Legislative Decree 158/2012.
11. Complaints
Any complaints must be made directly to customer services by writing to servizio.clienti@colavita.it or by sending a recorded delivery/official certified email to:
Customer Services
Colavita S.p.A.
Via Laurentina km 23
00071 Pomezia (RM)
Colavita will process the Personal Data of customers in full adherence to the legislation in force and in line with its privacy policy, which the customer declares to have read, understood and accepted in its entirety.
12. Applicable law and jurisdiction
The contract of sale between the customer and Colavita is drawn up in Italy and regulated by Italian law. To resolve any conflicts relating to the interpretation, application or resolution of these general conditions, or relating to single orders if the customer is in the category of ‘consumer’ as per the Consumer Code, the appropriate court will be that of his/her municipality of residence/domicile if they are resident in Italy. Otherwise, proceedings will be held exclusively within the jurisdiction of the Court of Velletri.
13. Additional legislation for reference
These general conditions of sale are regulated by Italian law, and specifically by Legislative Decree no.206 of 6/9/2005 and by the Consumer Code, with particular reference to legislation for stipulating contracts remotely and by Legislative Decree no.70 of 9/4/2003 on e-commerce, where applicable.
The general conditions of sale may change from time to time in line with market developments, and in order to adhere to any potential legislative changes or updates. Every change or update will be announced on the website and Colavita encourages customers to check them regularly.