Terms and Conditions of Sale – Frantoio Perilli
Scope
These Terms and Conditions govern sales made through the e-commerce portal of PERILLI ANDREA E FIGLI S.R.L. Section A applies to business customers (companies, retailers, Ho.Re.Ca. operators) purchasing with a VAT number for purposes related to their business activity. Section B applies to private consumers purchasing without a VAT number, to whom the Italian Consumer Code (Legislative Decree 206/2005) remains applicable. Clauses not expressly reserved to one section apply to all buyers.
Company Details
This sales agreement is entered into with PERILLI ANDREA E FIGLI S.R.L.
Registered and Operational Office: Via Spineto Z.I. snc, 70038 Terlizzi (BA), Italy
VAT No.: IT07243220725
SECTION A – CONDITIONS FOR BUSINESS CUSTOMERS (B2B)
Prices, Validity and Conclusion of the Contract
All prices shown in the B2B price list and within the portal reserved for business customers are exclusive of VAT.
To guarantee stability to our commercial partners, the agreed prices are locked until 31/03/2028 and apply to oil produced during the 2025/2026 olive campaign.
Submitting an order through the portal constitutes a purchase proposal. The sales contract is formally concluded only when PERILLI ANDREA E FIGLI S.R.L. sends the Buyer the shipping confirmation. The company reserves the right to cancel orders in the event of IT pricing errors or sudden stock unavailability, promptly refunding any amount paid.
Shipping, Delivery and Transfer of Risk
Standard shipping methods and costs are to be agreed when the order is finalised. To reward purchase volumes, shipping is free of charge throughout Italy for orders with a minimum value of € 1,000.00.
For business customers, goods travel at the Buyer's risk from the moment they are handed over to the carrier. Any damage, theft or loss during transport must be claimed directly against the carrier at the time of delivery.
Payment Methods
To confirm and process the order, we require advance payment only. Processing and shipping of the goods will take place only once payment has been received. The payment methods accepted on our portal are: Advance Bank Transfer, Credit Cards, PayPal, Google Pay (GPay), Apple Pay.
Receipt of Goods and Complaints
Upon delivery, the Buyer must check that the packaging is intact and has not been tampered with. Any external damage or discrepancy in the number of parcels must be immediately reported to the carrier by adding a "Specific Reservation" (e.g. "Accepted with reservation due to wet/crushed parcel") on the paper or electronic delivery document. A generic reservation may invalidate refund claims.
Any defects in the products must be reported in writing to PERILLI ANDREA E FIGLI S.R.L. no later than 8 (eight) days from receipt of the goods, under penalty of forfeiture (Art. 1495 of the Italian Civil Code).
Nature of the Product, Storage and Warranty
Extra Virgin Olive Oil is a natural, artisanal product. Slight sediment at the bottom, colour variations or cloudiness due to temperature changes are natural characteristics of the product and do not in any way constitute a defect. Stated weights and volumes comply with the legal tolerances for pre-packaged goods.
The Buyer undertakes to store the goods in a cool, dry place, away from direct sources of light and heat (ideal temperature 12°C – 18°C). PERILLI ANDREA E FIGLI S.R.L. declines all responsibility and will not accept any complaint or refund request for product defects (e.g. oxidation, organoleptic defects) resulting from negligence, incorrect storage or poor preservation by the Buyer after delivery.
Exclusion of the Right of Withdrawal and Prohibition of Repackaging
Business customers, who purchase for purposes related to their activity with an invoice issued to their VAT number, are not entitled to the right of withdrawal provided by the Consumer Code (Legislative Decree 206/2005).
To protect public health and the integrity of the brand, the business Buyer is strictly prohibited from decanting, blending, diluting or repackaging the purchased oil. The product must be resold or served to end consumers exclusively in its original, sealed packaging. Any breach will result in immediate termination of the contract and a claim for damages.
Force Majeure
The seller shall not be held liable for delays or failed deliveries due to force majeure, exceptional weather events, pandemics, strikes or other circumstances beyond its reasonable control (including shortage of raw material due to climatic conditions of the agricultural year). In such cases, the seller will promptly notify the impediment and propose alternative timing, without the Buyer being entitled to any compensation for damages.
B2B Account Management
PERILLI ANDREA E FIGLI S.R.L. reserves the unquestionable right to refuse, suspend or cancel business accounts registered on the portal in the event of insolvency, unjustified payment reversals (chargebacks), breach of the repackaging prohibition or conduct damaging to the company's image.
Invoicing
A regular electronic invoice will be issued for every order placed by a business customer. The Buyer is solely responsible for the accuracy of the data provided at registration and checkout (Company Name, VAT number, SDI Recipient Code and/or certified e-mail PEC). No changes to the invoice will be possible after it has been issued.
Use of the Trademark
The purchase of products does not grant the Buyer any right over the trademarks, images, texts or logos owned by PERILLI ANDREA E FIGLI S.R.L. Any use of the "Frantoio Perilli" (or "Puglo") trademark for promotional or commercial purposes by the reseller must be authorised in advance in writing by our company.
Applicable Law, Jurisdiction and Severability
These Terms and Conditions and the related sales contracts are governed by Italian law. Any dispute with a business customer arising from the interpretation, performance or termination of the sales contract shall be subject to the exclusive jurisdiction of the Court of Trani (Italy). Should any individual clause of these conditions be held null or invalid by law, the remaining clauses shall retain their full effect (Severability Clause).
SECTION B – CONDITIONS APPLICABLE EXCLUSIVELY TO PRIVATE CONSUMERS (B2C)
Prices and Conclusion of the Contract
For private consumers, the prices displayed on the portal are inclusive of VAT. The rules on the conclusion of the contract, order cancellation with refund, advance payment methods and force majeure set out in Section A remain applicable.
Shipping and Transfer of Risk
For private consumers, the risk of loss or damage to the goods passes to the Buyer only upon physical delivery (Art. 63 of the Consumer Code). Consumers are nonetheless invited to check the integrity of the packaging on delivery and to report any visible damage to the carrier with a specific reservation.
Right of Withdrawal
Pursuant to Legislative Decree 206/2005 (Consumer Code), the private consumer has the right to withdraw from the purchase contract within 14 days of receiving the goods, without giving any reason. The right of withdrawal applies only if the product is intact, sealed and kept in its original packaging.
As oil is a foodstuff, for hygiene and health protection reasons returns are not accepted for bottles or tins that have already been opened. This exclusion applies pursuant to Art. 59 of the Consumer Code, which excludes the right of withdrawal for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery. Return shipping costs are borne by the consumer.
Legal Warranty of Conformity and Complaints
Private consumers benefit from the Legal Warranty of Conformity provided by the Consumer Code, lasting two years from delivery, within the limits of the Best Before Date (TMC) indicated on the product and provided the product has been stored correctly (cool, dry place, away from direct sources of light and heat). The natural characteristics of extra virgin olive oil described in Section A (sediment, colour variations, cloudiness) do not constitute a lack of conformity.
Any lack of conformity must be reported within two months of its discovery.
Jurisdiction
Any dispute with a private consumer shall be subject to the mandatory jurisdiction of the court of the consumer's place of residence or domicile, if located within the territory of the Italian State.