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 # GENERAL CONDITIONS OF SALE

 

## Art. 1 – General Provisions

 

These General Conditions of Sale apply exclusively to the sale of **Mantenera** branded **Extra Virgin Olive Oil** made on the website **[www.mantenera.com](https://www.mantenera.com)**, in compliance with the provisions of the Civil Code, Legislative Decree no. 70/03, the **Consumer Code** (Legislative Decree no. 206/05), and subsequent amendments.

 

The sale is conducted by **Azienda Mantenera di E. Papa**, with registered office in Tricarico (MATERA – ITALY) at Contrada Malcanale snc, VAT Number 17940931003, registered with the Matera Chamber of Commerce, number REA MT- 219396, telephone +39.3930553720 – e-mail **info@mantenera.com** – PEC **papaelena@pec.it**.

 

By browsing this area, the user accesses the Mantenera website via the URL **[https://www.mantenera.com](https://www.mantenera.com)**, hereinafter referred to as the Site. The transmission of a purchase order from the Site implies the acceptance of the General Conditions of Sale and the personal data protection policies adopted by the Site itself, which the user is invited to print, read, and accept.

 

Mantenera reserves the right to unilaterally modify these General Conditions without prior notice.

 

The Site, and consequently access to the products provided by it and their purchase, can also be used in the English language.

 

## Art. 2 – Subject

 

These General Conditions of Sale exclusively govern the sale of Mantenera branded products, with the characteristics expressly indicated in the product catalog on the Site.

 

## Art. 3 – Conclusion of the Contract

 

To purchase Mantenera products for sale on **[www.mantenera.com](https://www.mantenera.com)**, the user selects the products from the existing "catalog" on the Site; adds them to the cart, and proceeds to "CHECKOUT" by entering the user data required in the respective fields for the order, delivery, and invoice; chooses the shipping method from those offered; and selects the payment method from those indicated. The order will be submitted to Mantenera by clicking the **"PLACE ORDER"** command, after accepting these General Conditions of Sale and confirming that clicking the "PLACE ORDER" command obliges them to pay for the purchased goods. In case of error regarding the goods subject to the order, the user may cancel the order before payment.

 

After submitting the order, the user proceeds to payment. In case of payment by bank transfer, the order confirmation email specifies that the order will be pending until payment is received.

 

Mantenera, after verifying the accuracy of the data communicated by the user, sends an email to the address indicated by the user confirming the order, the successful payment, any change in the order status, and notification of order cancellation. Mantenera shall not be liable for the non-receipt of the email due to facts attributable to the user.

 

The order includes the characteristics of the product ordered, the price inclusive of taxes and transport costs, the means of payment, the delivery methods for the purchased products, and refers to these General Conditions of Sale, the exercise of the right of withdrawal, the methods and times for returning the purchased products, and the refund in case of exercising the right of withdrawal.

 

Orders are archived within the **[www.mantenera.com](https://www.mantenera.com)** Site. By accessing the personal area using the credentials provided during registration, the user can modify their data, send communications and/or complaints, view the history and status of orders, and cancel pending orders awaiting payment.

 

## Art. 4 – Registered Users

 

Upon completing the registration procedures, the user undertakes to follow the instructions on the Site and to provide their data correctly and truthfully.

 

The confirmation will in any case exempt Mantenera from any liability regarding the data provided by the user. The user undertakes to promptly inform Mantenera of any variation in their data communicated at any time.

 

Should the user communicate inaccurate or incomplete data, or even in the event of a dispute by interested parties regarding the payments made, Mantenera shall have the right not to activate or to suspend the service until the correct or complete data is provided, or the related disputes are resolved.

 

The user undertakes to maintain the secrecy of their access data and to store them with due care and diligence, and not to transfer them, even temporarily, to third parties.

 

## Art. 5 – Product Availability

 

The availability of products for sale on **[www.mantenera.com](https://www.mantenera.com)** refers to the actual availability of the product at the time of the order.

 

Should the ordered product be wholly or partially unavailable, the user will be promptly informed, allowing them to choose whether to replace the missing product, wait for the product to become available again, or modify or cancel the order.

 

If the user requests the total cancellation of the order, Mantenera will refund the amount paid within 14 days from the moment Mantenera became 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 phase, unless the user has otherwise agreed.

 

If the user requests the partial cancellation of the order, Mantenera will only refund the price of the products not purchased within 14 days from the moment Mantenera became 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 phase, unless the user has otherwise agreed.

 

## Art. 6 – Payment Methods and Prices

 

The price of the products will be that indicated from time to time in the product catalog on the Site.

 

The prices of the products for sale on the Site are **inclusive of VAT**; they may be subject to change at any time. The changes do not affect orders for which confirmation has already been sent.

 

In case of error on the price offered, Mantenera will notify the user, allowing them to confirm the order at the correct amount or to cancel it. In any case, Mantenera is not obliged to supply what was sold at the lower price incorrectly indicated.

 

Once the desired products have been selected, they will be added to the cart. It will be sufficient to follow the purchase instructions, entering or verifying the information requested in each step of the process. Order details can be modified before payment.

 

Payment can be made exclusively through the payment methods indicated on the Site.

 

## Art. 7 – Delivery

 

Mantenera ships throughout the Italian territory using the methods present on the Site and indicated to the user at the time of the order.

 

Delivery will be made by the courier to the address indicated by the user at the time of the order.

 

For the Italian territory, delivery is made, under the conditions indicated by the courier, approximately within **48-72 hours** from the order confirmation but may vary depending on the shipping method chosen by the user at the time of the order; in any case, delivery will be made within a maximum of **thirty days** from the order confirmation.

 

Regarding deliveries abroad (European Union or Extra-EU countries), delivery will be made approximately within **14 working days** from the order confirmation, and in any case, within a maximum of **thirty days** from the order confirmation.

 

Delivery takes place from Monday to Friday, excluding Saturdays, Sundays, and holidays.

 

Shipping costs are explicitly highlighted at the time the order is placed.

 

## Art. 8 – Transfer of Risk

 

For the **consumer user**, the risks relating to the purchased products will pass to the user from the moment the goods are delivered to the user or to the third party designated by them. Ownership of the products is considered acquired as soon as full payment of all amounts due in relation to them has been received, including shipping costs.

 

For the **non-consumer user**, the risks relating to the products will pass to the user upon delivery to the carrier.

 

## Art. 9 – Warranty and Commercial Conformity

 

If the user is a **consumer**, pursuant to art. 132 of the Consumer Code (Legislative Decree no. 206/05), the seller is liable when the lack of conformity becomes apparent within the term of **two years** from the delivery of the good.

 

The consumer user forfeits the rights provided for under the legal warranty if they do not notify the seller of the lack of conformity in writing within the term of **two months** from the date on which they discovered the defect.

 

If the user is **not a consumer**, the seller is liable (art. 1490 of the Civil Code) when the lack of conformity becomes apparent within the term of **one year** from the delivery of the good. The non-consumer user forfeits the rights provided for under the legal warranty if they do not notify the seller of the lack of conformity in writing within the term of **eight days** from the date on which they discovered the defect. (art. 1495 of the Civil Code).

 

## Art. 10 – Right of Withdrawal

 

The user who has stipulated the contract as a **consumer** has the right to withdraw from the purchase without any penalty and without specifying the reason, within a period of **14 days** pursuant to art. 57 of the Consumer Code (Legislative Decree 206/2005) running from the date of receipt of the products. In the case of multiple purchases made by the user with 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 communicate the decision to withdraw from the order in writing to Mantenera in one of the following ways: by registered letter with return receipt to **AZIENDA AGRICOLA Mantenera di Elena Papa C/da Malcanale snc, 75019 Tricarico MT**; by e-mail to **info@mantenera.com**; by PEC to **papaelena@pec.it**.

 

In case of withdrawal by the Consumer, the goods must be returned to **AZIENDA AGRICOLA Mantenera di Elena Papa C/da Malcanale snc, 75019 Tricarico MT** at the **user's expense**, intact, sealed, in the original packaging, complete in all its parts, and complete with the attached tax documentation.

 

The right of withdrawal is in any case subject to the following conditions: a) Withdrawal applies to the product purchased in its entirety, so the user cannot exercise withdrawal on a part of the purchased product; b) **The shipping costs** relating to the return of the goods **are borne by the user**; c) The user is responsible for the shipment until the returned goods are received by Mantenera; d) Mantenera is not responsible in any way for damage or theft/loss of goods returned with uninsured shipments; e) In case of damage to the returned goods during the return journey; f) The user cannot in any way exercise the right of withdrawal with respect to **perishable goods whose expiry date is less than or equal to 10 days**. In the hypotheses referred to in letters e) and f), Mantenera will notify the user at the e-mail address indicated by the user within 5 working days of receiving the goods at its headquarters, to allow the user to file a claim against the courier chosen by them and obtain reimbursement of the value of the goods if insured. In this event, the product will be made available to the user for its return, simultaneously cancelling the withdrawal request.

 

Withdrawal is excluded in the case of goods indicated in art. 59 of Legislative Decree no. 21/2014. (by way of example but not limited to, the types of products marketed on the Site that are most likely to be subject to this exclusion are: art. 59 letter c) supply of goods made to measure or clearly personalized; art. 59 letter d) **supply of goods which are liable to deteriorate or expire rapidly**; art. 59 letter e) **supply of sealed goods which are not suitable for return for health protection or hygiene reasons and were unsealed after delivery**; art. 59 letter f) supply of goods which are, after delivery, according to their nature, inseparably mixed with other items). In case of exclusion of withdrawal, the products, if already received by Mantenera, will be returned to the user with the shipping costs charged to them.

 

Without prejudice to the right to verify compliance with the conditions and the existence of the right of withdrawal, Mantenera will refund the amount of the products subject to withdrawal within a maximum period of **14 days**, which will run, according to the provisions of art. 56 paragraph 3 of the Consumer Code (Legislative Decree 206/2005), from the receipt of the goods.

 

Mantenera will make the refund using the same payment method chosen by the user during the purchase phase, unless the user has otherwise agreed. In the case of payment made by bank transfer and if the user intends to exercise their right of withdrawal, they must communicate in writing, in one of the methods chosen from those indicated in point 3 of this article, the bank details: IBAN, SWIFT, and BIC necessary for the refund; the refund will remain pending until the relevant communication is received by Mantenera.

 

As a result of exercising the right of withdrawal, Mantenera will refund the amounts including delivery costs, with the exclusion of any additional costs deriving from the choice of a delivery method other than the ordinary method offered.

 

The right of withdrawal does not apply in any case of purchase by a **non-consumer subject**.

 

## Art. 11 – Data Processing

 

User data is processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the appropriate section containing the information pursuant to EU Regulation 2016/679 and Legislative Decree 196/03.

 

## Art. 12 – Complaints – Dispute Resolution, Applicable Law and Competent Court

 

These General Conditions of Sale are governed by Italian law and interpreted based on it. Consequently, the interpretation, execution, and termination of the General Conditions of Sale are subject exclusively to Italian law. In the case of a consumer user, any different mandatory prevailing rule of the user's country of habitual residence remains valid.

 

Any communications and/or complaints about the purchased products must be sent in writing via e-mail to **info@mantenera.com** or through the form available in the reserved area which the user will access by entering the credentials received upon registration.

 

For the resolution of disputes arising from this contract, the user who qualifies as a Consumer residing in Europe can use the online platform **[https://ec.europa.eu/consumers/odr](https://ec.europa.eu/consumers/odr)**, which provides an alternative dispute resolution tool. This tool can be used by the Consumer residing in Europe to resolve, non-judicially, any dispute relating to contracts for the sale of goods concluded online.

 

Whatever the outcome of the non-judicial resolution procedure, for disputes arising from this contract, the possibility of resorting to the ordinary Italian judicial authority remains valid.

 

If the user qualifies as a **Consumer**, any disputes must be resolved by the court of the place of their domicile or residence. In the case of a **non-consumer user**, the competent court is that of **Matera**.

 

## Art. 13 – Severability Clause

 

In the event that one of the clauses of these General Conditions of Sale is null for any reason, this will in no case compromise the validity and compliance with the other provisions contained in these General Conditions of Sale.

Mantenera di E. Papa                                     

Contrada Malcanale snc, 75019                              

Orari Lun-Ven    9,30 : 18,00  

          Sab- Dom 10,30 : 17,00

Tel.     + 39 3930553720

email: info@mantenera.com

Privacy Policy 

Term and Conditions  

P.Iva 17940931003 - Codice Fiscale PPALNE70S46H501S 

Cam. Com MT-219396


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