1. Definitions The terms used in the Terms and conditions (T&C) have the following meaning:
Customer: means any subject (person or company) purchasing the extravirgin olive oil produced by Azienda Agricola Merlini accepting the T&C.
Consumer: physical person who, outside his/hers professional/commercial activity, purchases the extravirgin olive oil produced by Azienda Agricola Merlini accepting the  T&C.
Professional customer: physical person who, as a part of his/hers professional activity, purchases  the extravirgin olive oil produced by Azienda Agricola Merlini accepting the T&C. Azienda Agricola Merlini: Azienda Agricola Merlini Maria, L. Da Vinci 23/C – 50052 Certaldo (FI), Italy; VAT no  IT 02340450481.
Parts: jointly indicates Azienda Agricola Merlini and the customers.
T&C: means the current sales terms and conditions and the following versions published on www.olioditoscanamerlini.it .
Contracts: indicates the contracts signed by Azienda Agricola Merlini and the customers as indicated under clause 3.
Orders: indicates the purchase orders effectuated by the customers in conformity with the T&C following the procedure described in the section “Buy our extra virgin olive oil”.
Order confirmation: indicates the e-mail message where Azienda Agrigola Merlini communicates the acceptance of the purchase orders.
Price: the price of the products displayed on “Buy on line” section next to each product.
Products: the products published on “Buy on line” section for sale.

2. Subject matter
2.1 The T&C apply to all contracts and are part of them.

2.2 Azienda Agricola Merlini has the right to change at any time the T&C; the T&C applicable to each contract are those published on the site when the order is placed by the customer.

2.3 In case of conflict between the T&C and any other term or condition published on “Sales terms and conditions” the most favorable to the customer is to be applied
3. Contract finalization
3.1 Azienda Agricola Merlini undertakes to send the order confirmation for orders received from EU customers within 2 working days from the receipt of the purchase order. All orders received from customers outside the EU will be placed in a “stand-by” status and Azienda Agricola Merlini will get in touch with the customer to confirm whether the order can be fulfilled (specific restrictions may apply to certain food products in specific countries; these will always be cleared before order confirmation).

3.2 The contract is deemed entered between the parties when the customer receives the order confirmation. If the customer does not receive the order confirmation within the timeframe defined under clause 3.1 the order has to be considered rejected and thus have no effect.

3.3 The purchase orders received by Azienda Agricola Merlini are irrevocable for the customer with the exception of the right to withdraw described under clause 7.

3.4 Placing the orders the customers declare to have read the instructions regarding the purchase process described in the “Buy on line” section, to have accepted the T&C and to have read and accepted any other information displayed on Azienda Agricola Merlini web site.

3.5 The orders will be stored on the database of the Azienda Agricola Merlini, following the indication of the Italian legislative decree 30.06.2003 n. 196 (“Privacy”) and will be accessible contacting Azienda Agricola Merlini at the address olioditoscana.merlini@gmail.com .

3.6 Azienda Agricola Merlini will invoice customers and send the invoices via e-mail. The invoices will be based on the information provided by the customer. The information cannot be modified after the invoice has been issued.
3.7 The minimum order value is of € 50,00 excluding taxes and shipping costs.
4. Price 
4.1 All prices are in € (Euro). The price applicable to the order is the price published on “Buy on line” section when the customer places the order.

4.2 Azienda Agricola Merlini provides services both to final customers and to professional customers and applies different pricing policies to the different customer categories. Consumer prices: the prices published on the public site are for final customers. Business prices: professional customers after registration and VAT number verification will be allowed to place order utilizing the business prices. They may send an e-mail at olioditoscana.merlini@gmail.com or a fax at +0039 0571669257 declaring their VAT number.

4.3 The prices published on the public site include VAT. Products shipped to business customers within the EU (with the exception of Italy) will be invoiced excluding VAT. Products shipped by Azienda Agricola Merlini outside the EU will be invoiced excluding VAT (Please refer to clause 3.1 for special rules applying to Extra EU orders). In all other cases invoices will include VAT.

4.4 The price does not include the shipping costs. Azienda Agricola Merlini will charge the shipping costs on the basis of the type of delivery, of the quantity, of the weight and of the destination of the products to be delivered.

4.5 The shipping costs will be indicated separately from the price on the e-mail sent by Azienda Agricola Merlini as a confirmation for the order and will be paid by the customer together with the price of the product, the VAT (if applicable) and any other applicable charge as described in “Payment methods”  section

4.6 Taxes, duties and any other cost or expense applicable as per the laws and regulations of the country where the goods are shipped and delivered are to borne by the customer and paid when the product is delivered directly to the custom authorities or to the courier. Azienda Agricola Merlini is at your disposal at the address olioditoscana.merlini@gmail.com to help you with a quotation of such expenses. We suggest to contact us in advance whenever ordering from outside the EU.

4.7 Azienda Agricola Merlini has the right to change the price list without notice.

5. Payment methods 
Payment methods are described in the “Payment methods” section .The terms of the payments methods section are part of the T&C and are therefore acknowledged and accepted when the order is placed.

6. Delivery and shipment 
Azienda Agricola Merlini provdes two shipment methods:
Standard shipment (Economy Express): the standard supply chain processes finalized to the optimization of the transports are applied; the shipment is processed accordingly with our shipment calendar. The delivery is then assigned to a courier. Under normal circumstances the shipment (within EU) should reach the final destination within 10-15 working days from payment confirmation.
Urgent shipment (Express): the shipment is processed as soon as payment confirmation is received; the delivery is then assigned to a courier. Under normal circumstances the shipment (within EU) should reach the final destination within 3-8 working days from payment confirmation.

Shipment and delivery:

The couriers will be selected by Azienda Agricola Merlini depending on the products, on the weight and destination.
The products are shipped by Azienda Agricola Merlini and delivered by the courier at the delivery address indicated in the purchase order.
The delivery terms may not, under any circumstance, be considered binding as Azienda Agricola Merlini is unable to directly monitor the deliveries of the selected couriers; therefore, Azienda Agricola Merlini cannot be held liable in case of breach of the delivery terms.
Goods receipts
The customers or the subjects appointed by the customers collecting the goods have to verify when receiving the goods from the courier that:
(i) the products correspond to what indicated in the courier’s delivery note in quality and quantity;
(ii) the packaging is not damaged or altered.
If the packaging and the contents are severely damaged the customers have to refuse the delivery; if the packaging is damaged we suggest to sign the delivery for the items “Control reserve, damaged packaging, products not inspected”
Once the goods have been accepted without comments the customers cannot raise additional claims with reference to the exterior appearance of the goods.
The products can be delivered by the couriers only to the customers or to people appointed by the customers; the person collecting the products has to sign the delivery. The couriers are not authorized to deliver at mailboxes or P.O. boxes.

7. Right to withdraw 
7.1 In accordance with and pursuant to article 64 of the Italian Legislative Decree n. 206 of 2005, the consumers have the right to withdraw from the contract within 10 working days from the receipt of the products without penalties, reason or cause following the conditions stated below. The withdrawal has to be requested by the consumer sending a fax message to: Azienda Agricola Merlini Maria at the number +39 0571 669257. The communication has to contain:
(i) the statement indicating the intention to withdraw;
(ii) reference to the order from which the consumer wants to withdraw.

7.2 In case of withdrawal:
(i) the consumer undertakes to return the products within 10 working days from the communication of the withdrawal;
(ii) all the costs related to the return of the product are incurred by the consumer;
(iii) Azienda Agricola Merlini undertakes to refund the consumer for the price of the products as soon as possible and, in any case, within 30 days from the receipt of the withdrawal communication provided that :

– the products are returned in perfect state  in their original packaging;
– the products have not been used;

(iv) Azienda Agricola Merlini will communicate to the consumer the reimbursement method and may therefore ask for the bank coordinates (IBAN and account holder).

7.3 The right is valid only if exercised as stated above; in all other circumstances the consumers will not have the right to obtain the reimbursement.

8. Product Defects and Returns 
Exterior defects and flaws
The customers or the subjects appointed by the customers collecting the goods have to verify when receiving the goods from the courier that:
(i) the products correspond to what indicated in the courier’s delivery note in quality and quantity;
(ii) the packaging is not damaged or altered.
If the packaging and the contents are severely damaged the customers have to refuse the delivery; if the packaging is damaged we suggest to sign the delivery for the items “Control reserve, damaged packaging, products not inspected”. Once the goods have been accepted without comments the customers cannot raise additional claims with reference to the exterior appearance of the goods.
Return for defects and anomalies 
Any non transport related problem has to be notified in written form to Azienda Agricola Merlini within 8 days from discovery at the following address: Azienda Agricola Merlini Maria, via L. da Vinci 23/C – 50052 Certaldo (FI) Italy.
Azienda Agricola Merlini will check the claim as soon as possible and, in any case, within 3 working days from the receipt of the communication and, if the claim is approved, will agree with the customer the integration of the products/quantities or the return of the products.
If Azienda Agricola Merlini and the customer agree to return the products Azienda Agricola Merlini will communicate to the customer the RMA number to specify in the shipment as a reference.
The products will be returned at customer expenses and have to be retuned in perfect condition.

The reimbursement will be executed by credit card or bank transfer as agreed on a case by case basis with the customer.
9. Privacy 
Azienda Agricola Merlini treats the personal information as defined by the Decreto Legislativo 196/2003. The personal information are treated as required by the current law only for the purpose of order fulfillment.
As prescribed by the law the customer can check at any time the existence of personal information and obtain the communication of those in clear form. The customer has the right to ask Azienda Agricola Merlini to cancel, block, and change the personal information.
10. Applicable law
The T&C and the Sale and Purchase Agreements are governed by, and construed in accordance with, the laws of the Republic of Italy (in particular by Legislative Decree No. 206 of 06/09/2005 -clauses from 50 to 67 – and by Legislative Decree No. 70 of 09/04/2003 on e-commerce) and shall be interpreted accordingly