These general conditions (“General Conditions”) establish the legal terms governing the use of the website www.olioferrari.ch (“Site”) and the purchase of products from the company Azienda Ferrari S.r.l., established and registered in Italy with VAT number 01127000048 and with registered office in Via Cuneo, 22 – 12062 Roreto di CHERASCO, Cuneo (“Seller”).

The user is requested to print a copy of the General Conditions and to store them on a durable medium.

1. GENERAL INFORMATION AND SCOPE

1.1. These General Conditions apply to all the services offered by the Seller through the Site and to the purchase of each of the products offered on the Site. By placing an order for any Product, you agree to be bound by these Terms and Conditions.

1.2. On the Site, the Seller offers the Products for sale and provides e-commerce activities only for end customers who are “consumers”, or subjects acting with purposes not related to any commercial, economic or professional activity that they may carry out (the “Customer”).

1.3. The offer and sale of the Products is reserved only for Italian countries

1.4. The seller reserves the right not to process orders from non-consumer users and / or people from any non-Italian country, or any order that does not comply with its commercial policy.

1.5. The Seller reserves the right to modify the General Conditions from time to time by correcting them on the Site, although such modification will not affect any order already placed by the Customer. Any changes and / or new conditions will be in force from their publication on the Site. To this end, the Seller kindly invites users to regularly access the Site and to check the publication of the most up-to-date General Conditions.

1.6. The applicable General Conditions are those in force at the time the Customer places the order for a Product.

1.7. If the Customer intends to withdraw and / or does not intend to accept the changes to the General Conditions, he will have the possibility to withdraw from the written communication by registered letter with acknowledgment of receipt or e-mail with 14 days’ notice.

1.8. The use of the site after the expiry of the term referred to in the previous paragraph constitutes the demonstration of the will to accept the General Conditions.

1.9. These General Conditions do not regulate the sale of products and / or the provision of services by parties other than the Seller that are present on the Site through links, banners or other hyperlinks. Before undertaking commercial transactions with such subjects, it is necessary that the Customer verifies the conditions of sale. The seller is not responsible in any way for the provision of services and / or the sale of products by such subjects.

2. REGISTRATION

2.1. In order to use the services and purchase one or more Products, you can register on the Site and create an account. Failure to accept the General Conditions will make it impossible to register on the Site.

2.2. Registration on the Site is free. To register, the user must fill out the registration form, enter his name, surname, an e-mail address and a password (hereinafter the “Registration Credentials”). The registration is confirmed by an email sent by the user. The seller expressly rejects any extraneous terms and conditions contained in the e-mails sent by the Customer to the Seller.

2.3. The Registration Credentials must be used exclusively by the Customer and cannot be transferred to third parties. The Customer must notify the Seller without delay in case of suspected misuse of the same. The registration credentials can be changed by the Customer at any time by accessing the Section dedicated to the user’s profile on the Site.

2.4. The Customer guarantees that the registration credentials provided during the registration procedure on the Site are complete, correct and truthful. The Customer agrees to hold the Seller harmless from any compensation obligation, penalty arising from and / or in any way related to the violation by the Customer of the rules on registration on the Site. The Customer is exclusive to access the Site through the registration credentials and is directly responsible for any damage or prejudice caused to the Seller or third parties by improper use, loss, misappropriation by others or failure to protect adequate secrecy of their Registration Credentials.

2.5. The services are provided in Italian.

2.6. It is possible to make a single registration per Customer. Multiple registrations will be deleted.

2.7. The seller reserves the right to refuse, in its sole discretion, the registration of any user. The seller also reserves the right not to accept orders, from anyone who comes, which is abnormal and / or to block the account of a user who acts in violation of these General Conditions or applicable law.

2.8. The Customer may at any time cancel his registration by sending an e-mail to the address info@olioferrari.it

GENERAL CONDITIONS OF SALE

3. PRE-CONTRACTUAL INFORMATION

3.1. In accordance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Seller informs the Customer that:

• to conclude the purchase contract for one or more products on the Site, the Customer must fill out an order form in electronic format and send it to the Seller, electronically, following the instructions that will appear from time to time on the Site and that will accompany the different phases of the purchase;

• the contract is concluded when the seller registers the order form, after verifying the correctness of the data relating to the order and payment;

• before proceeding with the transmission of the order form, the Customer may identify and correct any errors in data entry by following the instructions indicated from time to time on the Site and which will accompany the different phases of the purchase;

• once the order form has been registered, the seller will send the Customer to the e-mail address indicated a confirmation e-mail containing a summary of the order with information relating to the characteristics of the product purchased, the detailed indication of the price, the means of payment used, shipping costs and any additional costs. It is recommended to keep the e-mail received as proof of purchase or to store it on a durable medium;

• the order form will be stored in the seller’s database for the time necessary to process the order and, in any case, within the terms of the law. To access their order form, the Customer can consult the personal section of the Site where he will find the list of all orders placed if registered.

4. TERMS AND CONDITIONS OF PURCHASE

4.1. All prices indicated on the Site are expressed in Euros (€) and are inclusive of VAT. The contribution to the delivery costs is indicated and includes VAT. This amount will be shown separately on the order form prior to sending and on the order confirmation e-mail.

4.2. The Customer will be charged the price of the Product indicated on the Site at the time the order was placed.

4.3. The products will remain the property of the Seller until the payment of the purchase price and expenses by the Customer.

4.4. The seller will process the purchase order only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, shipping costs and any additional costs, as indicated in the order form.

4.5. The seller reserves the right not to confirm orders from users with whom pending disputes or in the case provided for by art. 2.7.

5. AVAILABILITY

5.1. The products offered on the Site are subject to limited availability and the sale price applicable on the date of the order. The seller has no obligation to finalize the sale of Products with incorrect prices and reserves the right to refuse and cancel orders and services. It may therefore happen that the ordered Product is no longer available after the registration of the purchase order. In any case of unavailability of the ordered product, the Customer will be immediately informed by e-mail and the purchase order will be canceled. If the payment has already been made, the Seller will refund the amount paid by the Customer immediately, and in any case within thirty days from the day following the sending of the order.

5.2. The seller declines all responsibility for any delays in crediting, which depends on the bank or the type of card used for payment. In any case, the value date of the credited amount will be the same as the charge.

6. DELIVERY

6.1. Deliveries are made throughout Italy, to the postal address indicated by the Customer in the order form.

6.2. Delivery times are those indicated in the purchase order and specified in the purchase order confirmation. In the event of the failure to indicate a specific delivery time, it will take place within thirty days from the one following the sending of the order.

6.3. Upon delivery of the Products to the carrier, an e-mail confirming the shipment will be sent to the Customer. Deliveries made from Monday to Friday, during normal office hours, excluding national holidays.

6.4. In case of impediments to delivery due to force majeure, the Seller will contact the Customer by e-mail or telephone to inform him of the delay in delivery times. The seller can not be held in any way responsible for any delays due to facts of third parties and / or due to force majeure.

6.5. Delivery is considered completed when the Product is made available to the Customer specified in the order form.

6.6. In the event that the packaging shows obvious signs of tampering present or alteration, the Customer must mark it at the time of delivery by signing the appropriate Proof of Delivery (POD) document in charge of the courier. In case of failure to report as indicated above, the Customer will not be able to retaliate against the Seller.

6.7. The service includes two delivery attempts that will be made to the address entered by the Customer when placing the order. After each attempt, a delivery note will be left at the recipient’s address. If the second attempt does not go well, the courier will make an attempt to call the phone number entered at the time of the order to arrange delivery. In case of unavailability of the Customer, the goods will be returned to the warehouse.

7. WITHDRAWAL

7.1. The Customer has the right to cancel his order for any reason, without the need to provide explanations and without any penalty, except in cases where the right of withdrawal is excluded pursuant to paragraph 7.5 below. To exercise the right of withdrawal, the Customer can communicate his decision using the withdrawal form on the Site. To do this, the Customer must access the dedicated section of the Site to fill out the receipt form and send it in electronic format to the Seller.

7.2. Alternatively, the Customer may send a written communication containing the intention to withdraw, their references (name, surname, address and e-mail), the date of the order and receipt of the products, the order number and the details of the Products purchased; to this end, the Customer may use the standard withdrawal form, not mandatory, referred to in Annex 1 of Legislative Decree 21 February 2014, n. 21. If the Customer chooses this option, the notice of withdrawal must be sent to the Seller by e-mail to the address info@olioferrari.it.

7.3. The Customer must return the Products using a carrier of his own choice and expense, within 14 days from the data of communication of the withdrawal. The costs and risks associated with the return of the Products are borne by the Customer.

7.4. The Products can be returned intact and properly packed, preferably in their original packaging, accompanied by any accessories. For any further information please contact info@olioferrari.it

7.5. The right of withdrawal is subject to the following conditions:

I. The right applies to a Product purchased in its entirety; therefore, if the Product is composed of several components or parts, the withdrawal cannot be exercised only on a part of the Product purchased.

II. In case of exercise of the right of withdrawal, the seller will refund the Customer the full amount of the returned products, including any shipping costs, within 14 days from the data in which the notice of withdrawal was received, without prejudice to the seller’s right to suspend payment of the refund until the actual receipt of the Products. The refund must be made using the same means of payment used by the Customer, unless these do not expressly request a different method.

III. In addition to the cases indicated in Article 1 above, the right of withdrawal is excluded in the following cases:

• orders for customized or clearly personalized Products;

• orders for Products that are likely to deteriorate or expire rapidly;

• orders for sealed Products that do not lend themselves to being returned for hygienic reasons or related to health protection or that have been opened after delivery.

7.6. With reference to the above cases in which the right of withdrawal is excluded, the Customer is aware and accepts that among the Products that “risk deteriorating or expiring rapidly” are included all food Products, because the characteristics and qualities of these types of Products are subject to change even as a result of improper storage. Also for reasons of hygiene and for the protection of users, the right of withdrawal applies only to Products purchased on the Site that can be returned to the Seller and marketed without danger to the health of consumers.

7.7. The Customer is responsible for any product resulting from a handling of the Products other than that necessary to determine their nature, characteristics and functioning.

8. PAYMENT

8.1. The payment of the products purchased on the site is made by credit cards, whose payments will be processed through a secure server-to-server connection through the use of the SSL (Secure Sockets Layer) protocol.

8.2. At the time of transmission of the order, no charge will be made to the card used by the Customer for payment. The charge will be made only after (i) the data of the credit card used by the Customer for payment will have been verified and (ii) the company issuing the credit card used by the Customer will have issued the debit authorization.

9. GUARANTEES AND NON-CONFORMITY OF THE PRODUCTS

9.1. In case of lack of conformity of the Products sold by the Seller, the Customer must immediately contact Azienda Ferrari by sending an e-mail to info@olioferrari.it

9.2. The sale of the Products is subject to the legal guarantees provided for by the Consumer Code. The Customer is entitled, at his discretion and to the extent that the type of Product allows it, to restore the conformity of the Product free of charge by repair or replacement, or to an appropriate reduction in the price or to the termination of the agreement.

9.3. The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the Product and which manifests itself within two years of such delivery. The Customer loses these rights if he does not report the lack of conformity to the Seller within two months from the date on which he discovered the defect, unless the Product by its nature is perishable or subject to expiration in a shorter period, in which case the defect must be reported within this reduced term.

9.4. Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the Product already existed data of a story, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. In order to take advantage of the Legal Guarantee, the Customer must therefore provide proof of the purchase and delivery data of the goods.

9.5. In the event that the oil has a strange taste, the Customer is required to keep the bottle with at least 2/3 of the contents and its original cap and contact Azienda Ferrari S.r.l. The seller will arrange a free withdrawal to carry out further checks and propose the most suitable solution.

9.6. The Legal Warranty excludes repaired Products, modified in any way altered by the Customer. Any failures or malfunctions or other defects due to accidental events or the responsibility of the Customer or from a use of the Product not in accordance with its intended use are also excluded from the scope of the Legal Warranty.

10. SUSPENSION OF SERVICE

10.1. The seller reserves the right to temporarily suspend, without prior notice, the provision of the site and services for the period necessary for the technical interventions deemed necessary and suitable for improving the quality of services.

10.2. The seller may interrupt the provision of the service at any time, in the event of security reasons or violations of confidentiality, in this case notifying the Customer.

11. SITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS

11.1. The contents of the Seller’s Site, such as, by way of example, the works, sounds and videos, images, photographs, dialogues, music, documents, drawings, figures, logos and any other material, in any format, published on the Site, including menus, web pages, graphics, colors, schemes, tools, the fonts and design of the Site, diagrams, layouts, methods, processes, functions and software, are protected by copyright and any other intellectual property right of the seller and other rights holders. The reproduction, modification, duplication, copying, distribution, sale or otherwise exploitation of the images and contents of the Site is prohibited unless previously authorized in writing by the Seller.

11.2. All other distinctive signs that distinguish the products / services published on the site are registered trademarks of their respective owners and are used by the Seller as owner and / or by virtue of license, for the sole purpose of distinguishing, describing and advertising the products / services published / for sale on the Site.

11.3. Any use of the distinctive signs mentioned above that does not comply with the law and is not authorized is prohibited. It is not allowed to use any distinctive sign on the Site to take unfair advantage of the distinctive character or reputation of these or in such a way as to prejudice them and their owners.

11.4. Under no circumstances may the user alter, modify, modify or adapt the Site, nor the material made available by the seller. You may not circumvent the technical documentation in the software, translate, reverse engineer, decompile or disassemble the software, or attempt to trace the source code of the Software or create derivative works on the software, publish the software to allow others to duplicate it, lease, sublicense, lease or loan the Software.

12. ERRORS AND LIMITATION OF LIABILITY

12.1. The Site is provided without any guarantee of result. The seller is in no way responsible for any interruptions in the supply of the site due to causes not directly attributable to it and / or that escape its technical control, such as malfunctions of the telematic or telephone network.

12.2. The seller reserves the right to modify, suspend and / or interrupt, at any time in whole or in part, its sole discretion, even definitively, the provision of the Site, without notice and without this may entail any obligation to compensate and / or reimburse the seller.

12.3. General Conditions: it is understood that the Customer will use the Site under his full and exclusive responsibility and the use of the Site must comply with all the instructions provided by the Seller.

12.4. The Customer is authorized to use the Site exclusively for personal use, not collectively or for profit, and assumes full responsibility for any unauthorized use.

12.5. The Seller does not guarantee in any way the accuracy and / or topicality of the contents of the Site. The seller cannot be held responsible for any damages that may arise to users from the use of the information and content included in the site.

12.6. The information relating to the Products provided through the Site is up to date. However, it is not possible to guarantee the total absence of errors for which the seller cannot be held responsible, except in cases of willful misconduct or gross negligence.

12.7. The seller reserves the right to correct any errors, inaccuracies or omissions even after an order has been sent, or to modify or update the information at any time without notice, without prejudice to the customer’s rights under these General Conditions and the Consumer Code.

13. CUSTOMER SUPPORT

13.1. For assistance with the Products, or for further information, suggestions, complaints and / or any other request, the user can contact Azienda Ferrari S.r.l. using the following contacts:

by e-mail: info@olioferrari.it

by post: Azienda Ferrari S.r.l. Via Cuneo, 22 – 12062 Roreto di CHERASCO (CN)

14. FINAL PROVISIONS, APPLICABLE LAW AND JURISDICTION

14.1. The General Conditions are governed by Italian law.

14.2. If you are a European consumer, you should be aware that the European Commission has set up an online alternative dispute resolution system that provides an out-of-court method to resolve any dispute relating to and arising from online sales contracts and services. Click here to access the https://webgate.ec.europa.eu/odr platform.

14.3. For any dispute relating to the General Conditions, the Court of the place indicated by the consumer as his residence or domicile will be competent, if in the Italian territory, in all other cases the territorial jurisdiction is exclusively that of the Court of Asti, excluding any other competent court.