Art. 2 – Object

• These General Terms and Conditions of Sale exclusively govern the sale of Extra Virgin Olive Oil under the brand Azienda Agricola Miceli and Sensat, with the characteristics expressly indicated in the product catalog available on the site.

• These General Terms and Conditions of Sale do not govern the provision of services or the sale of products by parties other than Azienda Agricola Miceli and Sensat, which may be present on the same site through links, banners, or other hyperlinks, for which Azienda Agricola Miceli and Sensat is not responsible.

Art. 3 – Conclusion of the contract

• To purchase the Azienda Agricola Miceli and Sensat products available on the website www.miceliandsensat.it, the user selects the products from the catalog available on the site; adds them to the cart and proceeds to “CHECKOUT” by entering the user data required in the relevant fields for the order, delivery, and invoice; chooses the shipping method from the available options; selects the payment method from those indicated. The order will be sent to Azienda Agricola Miceli and Sensat by pressing the “PLACE ORDER” button, after accepting these general terms and conditions of sale and after confirming that by pressing the “PLACE ORDER” button, the user will be obliged to pay for the purchased goods. In case of an error in the goods subject to the order, before payment, the user may cancel the order.

• After sending the order, the user proceeds with the payment. In case of payment by bank transfer, the order confirmation email specifies that the order will be on hold until payment is received.
• Azienda Agricola Miceli and Sensat, after verifying the correctness of the data provided by the user, sends a confirmation email to the user indicating the order, the payment received, any change in order status, or order cancellation. Azienda Agricola Miceli and Sensat shall not be held responsible for the failure to receive the email due to reasons attributable to the user.

• The order contains the characteristics of the ordered product, the price including taxes and shipping costs, the payment methods, the delivery methods of the purchased products and refers to these General Terms and Conditions of Sale, the right of withdrawal, and the methods and timing for returning the purchased products and for reimbursement in the event of exercising the right of withdrawal.

• Orders are archived within the site www.miceliandsensat.it. The user, accessing the personal area using the credentials provided at the time of registration on the site, may modify their data, send communications and/or complaints, view the history and status of orders, and cancel orders pending payment.

Art. 4 – Registered users

• When completing the registration procedures, the user undertakes to follow the instructions on the site and to provide their data correctly and truthfully.

• The confirmation releases Azienda Agricola Miceli and Sensat from any responsibility regarding the data provided by the user. The user undertakes to promptly inform Azienda Agricola Miceli and Sensat of any changes to the data communicated at any time.

• Should the user provide incorrect or incomplete data, or if there is any dispute by the parties concerned regarding payments made, Azienda Agricola Miceli and Sensat shall have the right not to activate or to suspend the service until the correct or complete data is provided or the relevant disputes are resolved.

• When the user requests the activation of a profile for the first time, Azienda Agricola Miceli and Sensat will assign a username and password. The user acknowledges that these identifiers constitute the system for validating user access to the Services and the only system suitable for identifying the user. All actions carried out through such access shall be attributed to the user and shall have binding effect.

• The user undertakes to keep their access credentials confidential and to guard them with due care and diligence, and not to share them, even temporarily, with third parties.

Art. 5 – Product availability

• The availability of products for sale on the website www.miceliandsensat.it refers to the actual availability of the product at the time the order is placed.

• If the ordered product is not available in whole or in part, the user will be promptly informed so that they may choose whether to replace the missing product, wait for it to become available again, modify, or cancel the order.

• If the user requests total cancellation of the order, Azienda Agricola Miceli and Sensat will refund the amount paid within 14 days from the moment they become aware of the user’s decision to cancel the order. The refund will be made using the same payment method used by the user during the purchase, unless otherwise agreed.

• If the user requests partial cancellation of the order, Azienda Agricola Miceli and Sensat will refund only the price of the products not purchased within 14 days from the moment they become aware of the user’s decision to cancel the order. The refund will be made using the same payment method used by the user during the purchase, unless otherwise agreed.

Art. 6 – Payment methods and prices

• The price of the products shall be the one indicated in the product catalog on the site at the time.

• The prices of the products on the website include VAT and may be subject to change at any time. Changes will not apply to orders that have already been confirmed.

• In case of pricing errors, Azienda Agricola Miceli and Sensat will inform the user, allowing them to confirm the order at the correct price or cancel it. In any case, Azienda Agricola Miceli and Sensat is not obliged to provide the product at the erroneously indicated lower price.

• Once the desired products are selected, they will be added to the cart. It is sufficient to follow the instructions for purchase, entering or verifying the required information at each step of the process. Order details may be changed before payment.

• Payment may only be made using the payment methods indicated on the site.

Art. 7 – Delivery

• Azienda Agricola Miceli and Sensat ships throughout Italy using the methods indicated on the site, which are also presented to the user at the time of order.

• Delivery will be carried out by the courier to the address indicated by the user during the order process.

• For deliveries within Italy, shipping is carried out under the courier’s conditions, approximately within 48-72 hours from order confirmation, though this may vary depending on the shipping method selected by the user. In any case, delivery will be completed within a maximum of thirty days from order confirmation.

• For deliveries abroad (EU or non-EU countries), delivery is generally completed within 14 working days from order confirmation, and in any case, within a maximum of thirty days from order confirmation.

• Deliveries are made from Monday to Friday, excluding Saturdays, Sundays, and public holidays.

• Shipping costs are explicitly indicated at the time the order is placed.

Art. 8 – Transfer of risk

• For consumer users, the risks related to the purchased products shall pass to the user upon delivery of the goods to the user or to a third party designated by them. Ownership of the products is considered acquired once full payment of all amounts due has been received, including shipping costs.

• For non-consumer users, the risks related to the products shall pass to the user upon delivery to the carrier.

Art. 9 – Warranty and commercial conformity

• If the user is a consumer, pursuant to Article 132 of the Consumer Code (Legislative Decree No. 206/05), the seller is liable for any lack of conformity that occurs within two years from the delivery of the goods.

• The consumer user loses the rights provided under the legal warranty if the lack of conformity is not reported in writing to the seller within two months from the date the defect was discovered.

• If the user is not a consumer, the seller is liable (Article 1490 of the Civil Code) for any lack of conformity that occurs within one year from the delivery of the goods. The non-consumer user loses the rights provided under the legal warranty if the defect is not reported in writing within eight days from the date it was discovered (Article 1495 of the Civil Code).

Art. 10 – Right of withdrawal

• The user who entered into the contract as a consumer has the right to withdraw from the purchase without penalty and without providing any reason, within 14 days pursuant to Article 57 of the Consumer Code (Legislative Decree 206/2005), starting from the date of receipt of the products. In the case of multiple purchases made by the user in a single order and delivered separately, the 14-day period starts from the date of receipt of the last product.

• The user who intends to exercise the right of withdrawal must notify Azienda Agricola Miceli and Sensat in writing of their decision to withdraw from the order, using one of the following methods: by registered mail with return receipt to AZIENDA AGRICOLA MICELI AND SENSAT, located at Via Tre Canali 7, 90046 Monreale (PA); by telephone +393332300790; by email to info@miceliandsensat.it; by PEC to miceliesensat@pec.it

• Alternatively, the user may email the standard withdrawal form in Annex I Part B of Legislative Decree 21/2014. Download form to fill out.

• In the event of withdrawal by the consumer, the goods must be returned to AZIENDA AGRICOLA MICELI AND SENSAT at the user’s expense, intact, sealed, in the original packaging, complete in all its parts, and accompanied by the related tax documentation.

• The right of withdrawal is subject to the following conditions: a) Withdrawal applies to the purchased product in its entirety, so the user may not withdraw from only part of the product; b) Return shipping costs are borne by the user; c) The user is responsible for the shipment until the returned item is received by Azienda Agricola Miceli and Sensat; d) Azienda Agricola Miceli and Sensat is not responsible for damage or theft/loss of returned goods in uninsured shipments; e) In case of damage during return transit; f) The user may not exercise the right of withdrawal for perishable goods whose expiration date is less than or equal to 10 days. In cases e) and f), Azienda Agricola Miceli and Sensat will inform the user via the email address provided within 5 business days from receiving the returned goods, so that the user may file a claim with the chosen courier and obtain reimbursement if insured. In such cases, the product will be made available to the user for return, and the withdrawal request will be cancelled.

• The right of withdrawal is excluded for the goods indicated in Article 59 of Legislative Decree No. 21/2014. (By way of example but not limited to: art. 59 letter c) supply of goods made to measure or clearly personalized; letter d) goods that are liable to deteriorate or expire rapidly; letter e) sealed goods that are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; letter f) goods which after delivery are, by their nature, inseparably mixed with other items). In cases of exclusion of the right of withdrawal, if the products have already been received by Azienda Agricola Miceli and Sensat, they will be returned to the user with shipping costs charged.

• Without prejudice to the right to verify compliance with the conditions and the existence of the right of withdrawal, Azienda Agricola Miceli and Sensat will refund the amount of the returned products within a maximum of 14 days, which will begin according to Article 56 paragraph 3 of the Consumer Code (Legislative Decree 206/2005), from receipt of the goods.

• Azienda Agricola Miceli and Sensat will refund using the same payment method chosen by the user at the time of purchase, unless otherwise agreed. In the case of payment by bank transfer, if the user intends to exercise the right of withdrawal, they must communicate in writing, using one of the methods listed in point 3 of this article, the bank details: IBAN, SWIFT, and BIC necessary for the refund; the refund will remain pending until Azienda Agricola Miceli and Sensat receives such communication.

• As a result of exercising the right of withdrawal, Azienda Agricola Miceli and Sensat will refund the amounts including delivery costs, excluding any additional costs resulting from the choice of a delivery method other than the standard one offered.
• The right of withdrawal does not apply in any case to purchases made by non-consumer users.

Art. 11 – Data processing

• The user’s data are processed in accordance with the regulations on personal data protection, as specified in the dedicated section containing the information pursuant to Regulation (EU) 2016/679 and Legislative Decree 196/03.

Art. 12 – Complaints – Dispute resolution, applicable law and jurisdiction

• These General Terms and Conditions of Sale are governed by Italian law and interpreted accordingly. Therefore, interpretation, performance, and resolution of these Terms shall be subject solely to Italian law. In the case of a consumer user, any overriding mandatory provisions of the user’s country of habitual residence shall prevail.

• Any communications and/or complaints regarding the purchased products must be submitted in writing via email to info@miceliandsensat.it or through the form in the reserved area accessible using the credentials provided at registration.

• For dispute resolution arising from this contract, the user who qualifies as a Consumer residing in Europe may refer to the online platform https://ec.europa.eu/consumers/odr, which provides an alternative dispute resolution tool. This platform may be used by European Consumers to resolve any disputes related to online sales contracts without judicial intervention.

• Regardless of the outcome of the non-judicial resolution procedure, users may always refer the dispute to the ordinary Italian judicial authority.

• If the user qualifies as a Consumer, any disputes shall be resolved by the court in the user’s place of domicile or residence. In the case of a non-consumer user, the competent court is that of Monreale.

Art. 13 – Severability clause

In the event that any clause of these General Terms and Conditions of Sale is found to be null and void for any reason, this shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions of Sale.