The sending of orders is conditioned by the following factors:
- Payment received in full by Fio d'Azeite, or sending proof of payment (bank transfer) to email@example.com.
- Order preparation time.
- Delivery time of the Carrier (which will depend on the destination to which the order will be sent).
Order preparation time
After receiving the Payment, the average order preparation time is 3 working days. This value may vary depending on availability in stock, day of the week on which we received the order, etc.
Shipping costs are calculated based on the weight of the package, and vary depending on the destination; you will see the exact amount before you complete your order.
Article 1- Any contract entered into or to be entered into between FIO D’AZEITE S. à R.L. and its customers is and will be governed mainly by these general conditions and the special and particular conditions. In the alternative, relations between the parties are governed by Luxembourg law and the law of 18 April 2004 on payment terms and interest on late payments.
Article 2 - At the end of this agreement: 1) FIO D'AZEITE S.à RL is a Luxembourg limited company incorporated on January 5, 2010 by Me Emile SCHLESSER, headquartered in Grand-Duchy of Luxembourg and enrolled in the RCSL under number B151030 and whose charter was published in Mémorial C n ° 468 of 4 March 2010; 2) The CLIENT is the natural or legal person or association of individuals or group that requires the services of FIO D’AZEITE S. to R.L.and that concludes this contract with FIO D’AZEITE S. à R.L.
Article 3 - When the signatory of the contract is a legal entity or association of natural persons without legal personality or group, the agent and / or the holder who signs the contract always undertakes in a personal, solidary and indivisible way with the legal person or association or group and guarantees jointly and indivisibly the good fulfillment of the commitments assumed on behalf of the CLIENT to FIO D’AZEITE S. à R.L.Likewise, in the case of a plurality of people acting as CLIENT in the same contract, all these people will be jointly and severally bound by the commitments assumed with FIO D’AZEITE S. à R.L.
Article 4 - The communications, notifications, notifications and / or orders that FIO D’AZEITE S. à R.L. must make to the CLIENT regarding this contract can be validly made to the last known address of FIO D’AZEITE S. à R.L.in that the CLIENT has chosen his domicile for the purposes of this instrument, including any elected domicile of the CLIENT in the Grand Duchy of Luxembourg or abroad or at the place of performance of the contract, in particular the nearest delivery place in Luxembourg of FIO D’AZEITE S. à R.L.In the case of more than one person acting as a CLIENT in the same contract, any communication, notification, service and / or order made to one of them is considered to have been made and made to all of these people.
Article 5 - Except for prior written exemption specific to special and / or particular conditions, the CLIENT undertakes to pay FIO D’AZEITE S. à R.L., even before the beginning of the services and / or supplies covered by the contract, a deposit of about fifty percent (50%) of the estimated total value of services. FIO D'AZEITE S. à R.L. may, however, decide to accept orders and / or supplies even before having obtained the payment of the deposit fixed above, without prejudice to the deposit still due. Thus, if, after the start of supplies, the CLIENT fails to pay the amounts due to FIO D’AZEITE S. à R.L., the latter reserves the right to invoke the exception of non-compliance, that is, to cease orders and / or deliveries. in progress expressly authorized by law and jurisprudence, without the CLIENT being able to claim compensation.
Article 6 - Small differences between the goods supplied and the samples presented at the time of the order do not justify any claim and the seller who is physically unable to execute an order within the established deadlines reserves the right to do so. replace goods of equivalent quality.
To be admissible, any claim from the CLIENT must be made upon receipt of the goods on the delivery note and subsequently confirmed and notified by registered letter with acknowledgment of receipt within 8 (eight) days from the date of delivery. delivery and / or services related to FFIO D’AZEITE S. à R.L., all under penalty of inadmissibility and closure of the dispute, any possible guarantee becomes void after this period. Acceptance of any delivery and / or service without written reservation covers all defects. The absence of contestation within the predicted period of eight weeks will reverse the burden of proof and presumption of conformity in the delivery and / or provision of service from FIO FIO D’AZEITE S. à R.L. And, in case of contestation eventually admitted in the form, this does not exempt the CLIENT from payment of the amount of the disputed invoice; at most, a possible recalculation of the last invoice related to the closure of the services and / or supplies covered by this contract will be made. In this regard, the CLIENT hereby expressly and irrevocably authorizes FIO D'AZEITE S.à RL to take all precautionary measures with a view to obtaining payment for the services billed, all costs, interest and accessories in addition to being borne by the CLIENT.
Article 7 - In case of non-payment of invoices within one week from the date of issue, FIO D’AZEITE S. à R.L. reserves the right to interrupt all services, supplies and services of any kind in favor of the customer. Any delay in payment will automatically imply and without the need for prior formal notification of the application of default interest at the rate of 18% (eighteen percent) per year after thirty (30) days from the date of payment. delivery and / or service. The invoice amount will also be increased by a global compensation of ten percent (10%) of the said amount, with a minimum of five cents (500.00.- €) per invoice that remains to be paid. In addition, the CLIENT will bear all the legal and auxiliary costs (lawyers, bailiffs, etc.) incurred by FIO D’AZEITE S. à R.L. for the recovery of its debt.
Article 8 - The prices of FIO D’AZEITE S. à R.L. in force at the time of signing the contract are subject to available stock limits, excluding VAT, without delivery, without pallets and packaging and are always subject to change. and variations. FIO D’AZEITE S. à R.L. reserves the right to modify its prices without prior notice to take into account any increases in the cost of products practiced by suppliers, life, exchange, customs or others or to take into account the complexity of an order that only appeared during work or that the CLIENT was unable to communicate. For example. Unpredictable additional costs, out of the seller's control, are added to the initial prices and only the prices thus corrected should be taken into account.
Article 9 - Any offer of prices and conditions for the provision of services from FIO D’AZEITE S. à R.L. becomes final only when FIO D’AZEITE S. à R.L. has received written acceptance from the CLIENT and only with the express precedent condition that the management of FIO D’AZEITE S. à R.L. has ratified and confirmed this ratification in writing to the CLIENT within one month after receiving the written acceptance from the CLIENT. However, the beginning of the execution of the commitments by FIO D’AZEITE S. à R.L. can replace the ratification confirmed in writing to the aforementioned CLIENT.
Article 10 - Property retention clause: FIO D’AZEITE S. à R.L. remains the owner of all deliveries and / or goods sold, provided that the price has not been paid in full by the CLIENT, even if the deliveries and / or goods would have been resold before full payment. Until full payment, the CUSTOMER has the obligation to ensure that it is kept in good condition and the seller reserves the right to have the deed registering the sale be transcribed to enjoy the privilege of seller provided by law.
Risk clause: The sale and receipt of all deliveries and / or goods are considered to occur at the store of FIO D’AZEITE S. à R.L. and are sent from there and, therefore, travel at the CLIENT's sole risk and expense.
Delivery: Deliveries are made to the FIO D4aZEITE S. store in R.L. and the buyer undertakes, once the merchandise is available for storage, to pick it up within 48 (forty-eight) hours; after this period, storage costs can be withheld against him.
Returns and exchanges: Returns and exchanges must be expressly accepted by FIO D’AZEITE S. à R.L. upon presentation of the invoice and delivery note for the aforementioned goods, which must occur within one week after delivery. Only goods and products kept in stock, in their original packaging and kept cold, can be exchanged and, in this case, thirty percent (30%) of their price will be retained as charges. Finally, in case of return, the buyer will be given a purchase voucher valid for three (3) months.
Article 11 - FIO D’AZEITE S. à R.L. has a simple obligation of means and the competent CLIENT services must actively participate in the progress and execution of the services and / or deliveries and provide all assistance and support to FIO D’AZEITE S. à R.L. In addition, if the beginning and / or execution during the contract of the services and supplies covered by this agreement are delayed or endangered by other companies or direct or indirect participants in the referred work, the CLIENT irrevocably waives, in this case, to question the responsibility of FIO D’AZEITE S. à R.L.
Article 12 - FIO D’AZEITE S. à R.L. is not responsible for delays caused by other people called to intervene in any way and for any reason in the service or supply, even if FIO D’AZEITE S. à R.L. replaced these persons in carrying out the object of the contract, in whole or in part, to which the CLIENT expressly and irrevocably authorizes FIO D’AZEITE S. à R.L.
Article 13 - The eventual liability of FIO D’AZEITE S. à R.L. due to the misapplication of the promised means and any loss of any kind that may be a direct or indirect consequence of it, cannot be retained in the event of gross negligence expressly noted by the seller, and the seller cannot, in principle, assume any responsibility for the products sold. This liability is irrevocable and exclusively limited to an amount equivalent to the amount billed by FIO D’AZEITE S. à R.L. as established in the special conditions and only for the part of the service and / or disputed supply. In all cases, the CLIENT immediately and irrevocably renounces the personal search of the partners, directors and managers of FIO D’AZEITE S. à R.L.
Article 14 - Except in the case of non-payment of invoices, any question regarding the existence, interpretation or execution of this contract will be resolved initially through direct negotiation at the headquarters of FIO D’AZEITE S. à R.L.
If it is not possible to reach a conclusion within one week after the controversy was born, it will proceed through amicable arbitration. The dispute will be submitted to two arbitrators, one chosen by the CLIENT and the other by FIO D’AZEITE S. à R.L. Before starting their work, the two arbitrators appoint a third arbitrator responsible for resolving them in case of disagreement on the contentious points. If, within eight days of being invited by registered letter with acknowledgment of receipt, one of the parties fails to nominate its arbitrator or if the two arbitrators do not agree on the choice of third, the absent arbitrator will be appointed ex officio, at the request of the most diligent part, by the president of the Luxembourg district court. In all cases, the arbitrators will act together by majority vote and will be exempt from any legal formalities. The arbitral college must decide as soon as possible and in any case three months before the expiry of any period of civil, commercial and criminal statute of limitations. The arbitral college shall notify the parties, by registered letter with a request for acknowledgment of receipt, of the decision arising from the elements noted in the case in question and in application only of the provisions established under this agreement. The arbitrators' costs are paid by whoever requests their appointment, the costs of the third arbitrator are half paid by each party, except for the winner's appeal against the loser. As long as the aforementioned amicable arbitration, which each party has the right to initiate, has not occurred, the parties must refrain from resorting to judicial proceedings to resolve the dispute. If applicable, the parties choose immediately and then establish jurisdiction exclusively with the courts of the Grand Duchy of Luxembourg which will be competent.
Article 15 - These general conditions apply automatically to all contracts concluded after the date of registration of these general conditions. The CLIENT is deemed to have received a copy, read it and approved its contents without any reservation, unless expressly provided otherwise in writing in the special conditions of the contract.
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.