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Terms and Conditions

GENERAL CONDITIONS OF SALE
OF ORANGIOIA BY GIOIA MICCIO®

Summary

Premises
Art. 1 – Premises
Art. 2 – Definitions
Art. 3 – Object of the General Conditions of Sale
Art. 4 – Invitation to offer and purchase proposal; conclusion of the contract; order status
Art. 5 – Object of the Sales Contract
Art. 6 – Contractual changes
Art. 7 – Registration on the website
Art. 8 – The Order Procedure.
Art. 9 – Product Availability
Art. 10 – Technical information, images and products
Art. 11 – Prices and shipping costs
Art. 12 – Invoicing
Art. 13 – Contract archiving methods
Art. 14 – Collection of products at the Orangioia headquarters
Art. 15 – Shipping and delivery of Products
Art. 16 – Product defect and return procedure
Art. 17 – Legal guarantee and guarantee for defects
Art. 18 – Remedies available to the Consumer Customer
Art. 19 – Methods of activating the Legal Guarantee
Art. 20 – Cases of exclusion of the Legal Guarantee
Art. 21 – Right of withdrawal of the consumer Customer
Art. 22 – Exclusion of liability
Art. 23 – Force majeure
Art. 24 – Interpretation
Art. 25 – Intellectual property
Art. 26 – Privacy and processing of personal data
Art. 27 – Communications, contacts and complaints
Art. 28 – Adr, jurisdiction and competent court for disputes with the consumer customer
Art. 29 – Jurisdiction and competent court for disputes with the professional Client

Premises

  • These General Conditions of Sale (hereinafter also simply “Conditions” and/or “GCS”) apply to all Products purchased by the Customer directly from Orangioia di Gioia Miccio (hereinafter also simply “Orangioia” or also “Seller”) with registered office in via Siciolante n. 5, 04100 Latina, cf MCCG73T51E472A, VAT number VAT number: 02778800595 REA LT – 199451.
  • Orangioia can be contacted by going to the above address, as well as by writing an email to info@orangioia.it or by calling the number 3881035625.
  • These Conditions regulate the commercial relationships for the sale of goods and services between Orangioia and the Customer.
  • In certain circumstances the expressions “Party” may be used either to refer to the Customer or to Orangioia and the expression “the Parties” may be used to refer to both jointly.
  • The GTC, together with any other paper and/or digital document referred to therein, constitute a legal unity and a legally binding contract between the Customer and Orangioia for the purchase of the Products as defined below.
  • The Customer is invited to carefully read these General Conditions of Sale before placing Orders through the Site.
  • The purchase of Products through the Site is governed by these GTC as well as, where applicable, by the provisions of Legislative Decree 6 December 2005 n. 206 (“Consumer Code”), Legislative Decree n. 70/2003 and by the provisions of the Civil Code, for anything not expressly provided for herein.
  • The offer of the Products and/or services on the Site is addressed exclusively to natural and/or legal persons who do not intend to sell and/or market them in the context of the exercise of any business activity; therefore, Orangioia, unless otherwise specifically and independently signed, reserves the right not to accept Orders from persons who, by reason of the quantity of products ordered, the frequency and continuity of orders and their periodicity or other elements that will be assessed by Orangioia from time to time, are presumed to intend to sell and/or market them to third parties in the context of their business activity.
  • The contract is concluded online by which the Customer chooses to order, purchase and pay through the Site for one or more of the products and/or services present on the Site. In this contract Orangioia acts as the selling party.

Having stated the above, the Parties establish that

Art. 1 – Premises

The Premises, as well as any document referred to, are a substantial and integral part of these GTC and constitute an agreement.

Art. 2 – Definitions

For the purposes of the application of these Conditions, the Sales Contracts, as well as any other document referred to herein, the following definitions shall apply, to be understood both in the singular and in the plural and expressed both in Italian and English:

  1. “Website” and/or “Site” refers to the online sales site: www.orangioia.it;
  2. “Code” means the Consumer Code Legislative Decree, 06/09/2005 n° 206 as subsequent. mod. and integral
  3. “Customer” (or also “Purchaser” and/or “Consumer”) is the person who has correctly completed the registration procedure on the website www.orangioia.it.
  4. “Contract” and/or “Sale Agreement” and/or “CdC” the commercial agreement for the sale and purchase of Products between the Parties governed by these Conditions;
  5. “Order” the expression of will by the Customer, understood as a contractual proposal for the purchase of the Products sent by the Customer to Orangioia following the Order Procedure.
  6. “Telematic Purchasing System” and/or “Purchasing Portal” and/or “Online Shop” the online computer system that manages the ordering procedure for the Products by the Customer;
  7. “Purchase Agreement” means the contractual agreement between Orangioia and the Customer for the purchase of the Products;
  8. “Order Procedure” means the entire procedure carried out by the Customer for the purpose of purchasing one or more Products and which includes every activity performed from the moment of authentication until the sending of the purchase confirmation email.
  9. “Order Documents” means the estimate and/or order confirmation sent by Orangioia to the Customer describing the Products purchased by the Customer in accordance with the Contract, as well as the prices, payment terms and other conditions, in accordance with the provisions of the Code;
  10. “Prices” means the selling price of the Products as indicated in the Online Store in correspondence with the Products themselves;
  11. “Products” means all objects, designs and any other creations, including customizable ones, created and/or assembled and/or in any case made by Orangioia that the seller places on sale on the website;
  12. “Defect” means a characteristic that has a negative and evident impact on the quality of the materials or on the artistic creations of Orangioia. A Defect cannot be understood as a characteristic of imprecision and functionality that depends exclusively on the artisanal and/or manual production of the Product.
  13. "Copyright" means intellectual property rights, i.e. patents, trademarks, registered designs and applications for registration thereof, copyright, design rights, know - how, trade names and business names and any other similar proprietary rights in any country.

Art. 3 – Object of the General Conditions of Sale

These General Conditions of Sale govern the offer, forwarding and acceptance of Orders, as well as any other aspect of the Order Procedures for the purposes of concluding the Sales Contracts and therefore for the purposes of purchasing the Products.

The Conditions govern all Sales Contracts and form an integral part thereof.

Following the successful completion of the registration procedure, or in any case at the time of purchasing a Product on the website, the Customer declares that he/she accepts these GTC which he/she can always consult and/or download from the online Store at www.orangioia.it/condizionigeneralivendita.

Art. 4 – Invitation to offer and purchase proposal; conclusion of the contract; order status

The presentation of Products and services purchasable through the Site constitutes an invitation to offer and the Order sent by the Customer through the Site is valid as a contractual purchase proposal, subject to confirmation or acceptance by Orangioia as described below.

The Customer's Order will be considered accepted by Orangioia when, as described below, the confirmation email is sent which will therefore also be valid as acceptance of the Customer's purchase proposal with consequent conclusion of the Sales Contract.

Art. 5 – Object of the Sales Contract

With the Sales Agreement, Orangioia sells to the Buyer who purchases remotely the Products, indicated on the Purchasing Portal through the invitations to offer and under the conditions set out in these GTC which it expressly declares to accept.

The CdC is concluded exclusively through the Internet, through the buyer's access to the address www.orangioia.it and the consequent positive conclusion of the entire Order Procedure.

Art. 6 – Contractual changes

Orangioia reserves the right to unilaterally modify the GTC and/or the CdC and/or the Order Procedures at any time.

Any changes will always be duly communicated to the Customer.

In any case, the conditions published in the Online Store at the time the Orders are sent by the Customers and/or those most favourable to the Buyer will be deemed applicable to the Sales Contracts.

Art. 7 – Registration on the website

In order to make a purchase, the Customer must first register on the website.

The person who intends to register on the Purchasing Portal is required, at the time of registration, to provide correct, truthful and updated data, verifying them each time he/she has to proceed with an Order Procedure.

Following registration, Orangioia will send a confirmation request that will contain:

  1. a link for the purpose of online consultation of these general purchasing conditions;
  2. a link for the purpose of online consultation of the simplified information on the processing of personal data;
  3. the request for confirmation of registration, via a link to click “Activate your account”.

The confirmation, in the manner indicated above, will be considered as express acceptance of the GTC, as well as acceptance of the methods of processing of personal data if the registration is carried out by a natural person.

Following the activation of the Orangioia account, it reserves the right to carry out any appropriate checks regarding the existence of the necessary requirements for registration, as established by the Seller.

In particular, Orangioia reserves the right to verify the accuracy of the Customer's information (including, by way of example and not limited to: the power to conclude contracts of the person who has registered in the name and on behalf of a company or other organization; the power to dialogue and conclude contracts, in any form with Orangioia, in the name and on behalf of the company or other organization that has registered) as well as the permanence of the necessary requirements.

The Customer undertakes to promptly make any changes to the information provided at the time of registration.

Orangioia may decide to block the sending of products purchased on www.orangioia.it if the information provided at the time of registration is incorrect, incomplete and/or false.

Violation of the obligations of correct and accurate information will be considered a serious breach and will result, at the discretion of the Seller, in the termination of this Agreement or of the individual Sales Contract, without prejudice to any further damages.

Art. 8 – The Order Procedure.

In order to conclude the CdC, it will be necessary to correctly complete the entire Order Procedure as described below:

  1. select the products you wish to purchase;
  2. establish product quantities;
  3. possibly add to the virtual cart and continue selecting products.

Currently the Online Store only allows payment via PayPal® system, however Orangioia provides the possibility of using other means of payment, for these purposes it is necessary to send a specific request to info@orangioia.it.

Before completing the Order Procedure, the Customer always has the possibility of checking the selected Products and the relative quantities and, consequently, being able to correct, modify or cancel what has been chosen.

The Order Procedure can be completed by clicking on “Buy with Paypal®” or, after adding to the cart, by clicking on “Check Out” and then on “Complete Order” following the subsequent instructions.

During the guided procedure the following will be made available to the Customer:

  1. the General Conditions of Sale;
  2. the images of each product;
  3. the final price;
  4. the means of payment that can be used;
  5. the related shipping and delivery costs.

Once this first part of the Order Procedure has been completed, the Purchasing Portal will send an order message to the Seller for the purpose of processing the order, as well as a confirmation email to the Customer at the address indicated by the latter during registration. This email will contain:

  1. the links to these general terms and conditions and the privacy policy;
  2. the essential characteristics of the goods or services purchased;
  3. the detailed indication with all the items that make up the final price, including shipping costs and any applicable taxes and/or duties;
  4. the chosen payment method;
  5. a brief indication of the right of withdrawal;
  6. a reference to the methods of returning the product, if the conditions exist in consideration of the peculiarity of Orangioia products.

Art. 9 – Product Availability

Please note that given the artisanal nature of the Products, as well as the possibility of placing orders online, the quantity of the same in stock changes in real time, these may not always or immediately be available, even if present on the Website.

As soon as Orangioia receives the Order confirmation email, it will check the availability:

  1. If the outcome is positive, the Order will be processed.
  2. In the event of a negative outcome in the product availability check, Orangioia will send the Customer an email informing them that the product is not available and that the Order cannot be accepted.

Such communication will be immediately followed by the cancellation of the payment authorization or, if applicable, the full refund of the price already paid by the Customer at the time of sending the Order, according to the payment method previously used by the same Customer.

In the event of an Order that includes both available and unavailable Products, Orangioia will send the Customer an email informing him of the negative outcome of the availability check and of his right to choose whether to proceed with the purchase of only the available Products or to cancel the entire Order.

In the absence of instructions from the Customer within 3 days from the date of communication of partial availability, Orangioia will proceed to cancel the entire Order and, at the same time, to fully refund the price possibly already paid by the Customer at the time of sending the Order, according to the payment method previously used by the same Customer.

In each of the cases described above, Orangioia points out that the refund of the price may not be immediately visible to the Customer if the payment method chosen is, for example, by credit card or Paypal; the times of visibility of the refund do not depend, in fact, on Orangioia which cannot therefore be considered in default or responsible for delays in refunds attributable to the payment system chosen by the Customer.

Art. 10 – Technical information, images and products

Given that Orangioia takes care with diligence and attention to the insertion of the descriptions and images of the Products on the Website in such a way that they correspond as truthfully as possible to the actual Product, the Customer is warned that, also in consideration of the artisanal nature of the Products, there may be inaccuracies or errors in relation to which no responsibility can be attributed to the Seller.

The information and images included are for illustrative and/or indicative purposes only.

The information contained on the website, in particular texts, photos, graphics, illustrations and any software and all trademarks, patents, utility models and copyrights, are the exclusive property of Orangioia.

Art. 11 – Prices and shipping costs

All prices of the Products listed on the site are expressed in Euro (€) and are to be understood, where applicable, excluding VAT, unless otherwise indicated.

Product prices may be subject to change.

The buyer therefore undertakes to verify the final sale price before sending the relevant order form. In any case, price variations do not affect Orders for which the relevant confirmation has already been sent.

Punctuality of payment is to be considered an essential condition of this Contract.

Unless otherwise agreed between Orangioia and the Customer, delivery costs, if any, are the responsibility of the Customer and are clearly stated when placing the Order.

Art. 12 – Invoicing

Online sales of goods (completed through the website www.orangioia.it) to consumers (without VAT number) are not subject to the obligation to:

  1. issuing of the invoice according to article 22 of Presidential Decree no. 633/72;
  2. tax certification (via receipt or fiscal receipt) pursuant to article 2, letter oo), of the Presidential Decree of 21 December 1996 n. 696;
  3. electronic storage and telematic transmission of daily receipt data pursuant to Article 1, paragraph 1, letter a) of the Ministerial Decree of 10 May 2019.

When placing the Order, the Customer may request the issuing of an invoice which will be promptly issued and sent.

Currently Orangioia is not subject to the obligation to issue an electronic invoice. Any changes in the tax regime to which the Seller is subject will be duly communicated to the Customer.

By contacting the Seller at info@orangioia.it, the Customer can request the invoice to be issued after placing the order, but within 12 days from the date of shipment of the Products.

The invoice relating to the purchase of Products booked through the Site, but collected and purchased at a point of sale, will be issued, upon request of the Customer, by the Seller upon delivery of the Products themselves.

Art. 13 – Contract archiving methods

Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that each Order sent is stored in digital/paper form and/or on the server/at the Supplier's headquarters according to confidentiality and security criteria.

After the first purchase, the Customer has the right to request from Orangioia access to deferred payment methods that will be agreed directly between the Seller and the Customer.

The acceptance and permanence of deferred payment methods is however subject to the unquestionable judgment of Orangioia. The granting of deferred payment is subject to the sending by the Customer of all the documentation that the Seller may deem necessary for the purposes of granting the deferred payment.

Art. 14 – Collection of products at the Orangioia headquarters

In the event that the Customer has chosen the collection method at the Orangioia headquarters, the Buyer must contact the Seller by email at info@orangioia.it or by calling the mobile number 3881035625, in order to agree on the day and time of delivery.

Art. 15 – Shipping and delivery of Products

Orangioia, except in the case of customization requests, will ship the ordered products within twenty-four hours of receiving the confirmation email, to the delivery address indicated by the Buyer at the time of registration, by the Paypal® system or indicated at the time of the Order.

In the event that, for any reason, the recipient of the goods is unavailable for more than two days, the Product will be returned to the sender and when the Customer requests a second shipment, he will be charged the return costs with storage costs in addition to the costs necessary to make the second shipment.

However, no liability can be attributed to the Seller for delayed or failed delivery attributable to force majeure or unforeseeable circumstances.

In the event that the Products are sent by couriers chosen by Orangioia, the Customer, in the event of damage, has the obligation, under penalty of forfeiture of requests for compensation and/or complaints, to make reservations regarding the items transported at the time of delivery.

In any case, it is recommended to always sign the package with "reservation of integrity check" or, if you notice obvious signs of tampering, damage or other, sign with "specific reservation".

Upon delivery of the goods by the courier, the Customer is required to check:

  1. that the number of packages delivered corresponds to that indicated in the consignment note;
  2. that the packaging is intact, not damaged, not wet or otherwise altered.

Any damage to the packaging and/or the product or any discrepancy in the number of packages or indications must be immediately contested by placing a written reservation for inspection (specifying the reason for the reservation, e.g. "holed packaging", "crushed packaging", etc.) on the courier's proof of delivery.

In the absence of the above reservations, once the documents presented by the courier for delivery purposes have been signed, the Customer will not be able to raise any objections regarding the external characteristics of the goods delivered.

Any problems and/or anomalies referred to in this article and in any case the placing of any reservation must also be communicated to Orangioia within three days of delivery, to the address info@orangioia.it.

Art. 16 – Product defect and return procedure

In the event of a Product Defect, Orangioia will provide, at no cost to the Customer, a replacement.

If the Customer should proceed with the return, it is recommended to insert everything in a second package and/or box; in any case, the affixing of labels or adhesive tapes directly on the original packaging of the Product and/or on the Product itself must be avoided.

For the purposes of returning the Product, the Customer must send a return request to the email address info@orangioia.it indicating:

  1. purchase order number (if any);
  2. payment invoice (if issued);
  3. name of the Product purchased;
  4. summary of problems encountered.

Orangioia will communicate to the email address indicated at the time of registration whether it is possible to accept the return request, in the latter case the Seller, together with the same feedback email, will provide the Customer with any further instructions for shipping and returning the product.

In the absence of specific indications, the Product must be shipped or delivered directly to the Orangioia headquarters in via Siciolante n. 5, 04100 Latina.

Return costs are the responsibility of the Customer.

The Customer, unless otherwise agreed, will use its own couriers for the purposes of the return procedure of the Products, therefore Orangioia is not responsible in the event of non-delivery of the product itself nor for any damage that may be found in the Product and/or in the packaging in any case consequent to the shipment and/or not corresponding to the defects and non-conformities declared by the Customer.

Art. 17 – Legal guarantee and guarantee for defects

In accordance with the legislation in force, the warranty regime on products sold by Orangioia changes depending on whether the buyer is a consumer Customer or a professional Customer: in the first case, the legal guarantee of conformity (hereinafter, "Legal Guarantee") pursuant to the Consumer Code will apply; in the second, the guarantee for defects of the item sold governed by the Civil Code.

  1. Professional Client.

The product purchased by the Professional Customer (i.e. a natural or legal person acting in the exercise of his/her entrepreneurial, commercial, artisanal or professional activity, or his/her intermediary) is covered by the guarantee for defects of the item sold pursuant to articles 1490 et seq. of the Civil Code.

The action of the professional Customer aimed at enforcing said guarantee expires 1 year after delivery of the purchased product and the related defects must be reported within the terms set out in art. 1495 of the Civil Code.

  1. Consumer Customer

The product purchased by the consumer Customer is covered by the Legal Guarantee for consumer goods as regulated by articles 128 et seq. of the Consumer Code and, for anything not expressly provided for therein, by articles 1490 et seq. of the Civil Code on the sales contract.

The Legal Guarantee applies and operates at the expense of the seller in the event that the product presents defects of conformity, provided that such defects appear within 24 months from the date of delivery of the goods to the Customer and are reported by the latter within 2 months from the date of discovery of the defects, in accordance with art. 132 of the Consumer Code.

There is a lack of conformity when the product:

    1. it is not suitable for the use for which it is normally intended;
    2. does not conform to the description or does not possess the qualities promised by the seller;
    3. does not offer the usual qualities and performances of a good of the same type;
    4. it is not suitable for the particular use intended by the consumer if brought to the attention of the seller at the time of purchase and accepted by the seller.

Art. 18 – Remedies available to the Consumer Customer

Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity, the Customer may request, at his discretion, the repair of the product or its replacement, unless the requested remedy is objectively impossible or excessively onerous compared to the other according to the provisions of art. 130 paragraph 4 of the Consumer Code.

In particular, one of the two remedies is to be considered excessively onerous if it imposes unreasonable costs on the seller in comparison with the other, taking into account:

  1. of the value that the good would have if there were no lack of conformity;
  2. of the extent of the lack of conformity;
  3. of the possibility that the alternative remedy can be achieved without significant inconvenience to the Customer.

The Customer may also request, at his discretion, an appropriate reduction in price or termination of the contract, if one of the following situations occurs:

  1. repair or replacement is impossible or excessively expensive;
  2. Orangioia has not repaired or replaced the product within 40 (forty) days of the request for assistance under warranty;
  3. the replacement or repair previously carried out has caused significant inconvenience to the Customer.

Upon receipt of the complaint of the lack of conformity and provided that the reported defect exists and is technically ascertained, Orangioia may offer the Customer any other available remedies with the following effects:

  1. if the Customer has already requested a specific remedy, Orangioia remains obliged to implement it with the necessary consequences in order to start the 40-day term mentioned above, subject to acceptance by the Customer of the proposed alternative remedy;
  2. If the Customer has not already requested a specific remedy, he may accept the proposal or reject it by choosing another of the remedies provided by law.

In any case, a minor lack of conformity for which it is not possible or excessively expensive to pursue the remedies of repair or replacement does not give the right to terminate the contract.

Art. 19 – How to activate the Legal Guarantee

In the event that the Customer has purchased the product with home delivery, the Legal Guarantee must be asserted directly against Orangioia with the following tools:

  1. by telephone, calling 3881035625;
  2. by email, writing to info@orangioia.it.

Art. 20 – Cases of exclusion of the Legal Guarantee

In accordance with the provisions of the Consumer Code and the applicable Civil Code, the Legal Guarantee is excluded if one of the following hypotheses occurs:

  1. the product has been repaired, tampered with, delivered for technical examination or altered by persons other than Orangioia;
  2. the alleged lack of conformity of the product has manifested itself after the term of 2 years from the delivery of the product itself and/or the relative request for repair or replacement of the defective product has been sent after 2 months from the discovery of the defect;
  3. the alleged defect is due (in whole or in part) to bad and/or improper use/storage/maintenance, or is due to failure to comply with the instructions provided by Orangioia together with the Products delivered;
  4. at the time of conclusion of the contract, the Customer is aware of the defect and could not have ignored it with ordinary diligence;
  5. the lack of conformity arises from instructions or materials provided by the Customer.

Art. 21 – Right of withdrawal of the consumer Customer

This article does not apply to contracts concluded by the consumer Customer at the Point of Sale and to those concluded by the professional Customer.

Pursuant to articles 52 et seq. of the Consumer Code, the Consumer Customer has the right to withdraw from the Contract within 14 (fourteen) days of receiving the Product at his/her address without any penalty and without having to provide any reason.

The Consumer Customer can communicate the intention to withdraw from the contract by sending:

  1. an email to info@orangioia.it;
  2. a certified email to orangioia@legalmail.it;
  3. a registered letter with return receipt to the registered office of Orangioia.

Orangioia will confirm to the Customer – via email to the email address provided during the purchase procedure on the Site – receipt of the declaration of withdrawal exercised, providing instructions for returning the product(s).

In accordance with the provisions of art. 59 of the Consumer Code, the Consumer Customer cannot exercise the right of withdrawal in the cases referred to in the same article 59.

Within 14 days from the day on which the Consumer Customer communicated the intention to withdraw from the contract, the product for which the right of withdrawal is exercised must be returned by sending it to the following address: Orangioia di Gioia Miccio, via Siciolante n. 5, 04100 Latina.

The costs for the return will be borne by the Consumer Customer, under the conditions and terms set out in art. 57, paragraph 1, of the Consumer Code.

The returned product must be in a normal state of conservation and substantially intact, and must be in its original packaging.

Within 14 days of receiving the returned products, and after verifying their condition and identity, Orangioia will refund the entire price paid by the Consumer Customer using the same payment method used for the purchase, compatible with the crediting times applied by the payment circuit used by the Customer when ordering the product and without any responsibility for any delays in the refund attributable to the payment circuit used by the Customer.

Art. 22 – Exclusion of liability

Orangioia cannot be held responsible for any damage or loss, direct and/or indirect, resulting from the sale of goods offered on the site www.orangioia.it.

Customers cannot hold the Seller responsible for:

  1. non-delivery of the order due to incorrectly entered data by the Customer.
  2. delays in delivery due to incorrectly entered data by the Customer.
  3. failed delivery due to Customer unavailability.
  4. shipping service delays.

Orangioia shall not be liable for any indirect damages or loss of profits, loss of earnings, loss of wages, loss of revenue, loss of savings (including loss of profits), costs, charges or expenses caused directly or indirectly by any delay in delivery of the Products, nor shall any delay entitle the Customer to terminate or rescind the Contract.

The Customer may not make any requests for compensation or indemnity of any kind for damages caused by the failure to accept, even if only partially, an Order, or the failure to accept the return request.

Orangioia declines all responsibility for damages that may, directly or indirectly, be caused by failure to comply with the instructions for use of the Products.

Art. 23 – Force majeure

Neither Party shall be liable to the other for any failure or delay in performing its obligations (other than payment obligations) under this Agreement if any delay occurs as a result of any circumstance beyond the control of the Party, including, but not limited to: fire, flood, war, embargo, strike or any intervention of a governmental authority (“Force Majeure Event”), in which case the Party that is unable to perform its obligations shall promptly notify the Force Majeure Event in writing.

Any delay in performance by the Party will be justified by the duration of the Force Majeure Event; however, if the duration of the event exceeds 30 days, the other Party shall be entitled to withdraw from the contract, or part of it, by communicating such decision in writing to the other Party.

Art. 24 – Interpretation

The clauses and expressions used in these Conditions must be interpreted by attributing to each one the meaning that results from the contract as a whole.

The clauses of the Conditions shall be interpreted in such a way that all of them may have some effect rather than in such a way that some of them would have no effect.

The indication of the heading for each article has been inserted for illustrative purposes only and has no binding value for the purposes of the interpretation of these Conditions.

Art. 25 – Intellectual property

The Orangioia brand, all figurative and non-figurative trademarks present on the Internet Site, the images, illustrations, drawings, creations, artefacts, logos and any content present on the Site (including, without limitation, these General Conditions of Sale) are the exclusive property of Orangioia.

Art. 26 – Privacy and processing of personal data

Orangioia collects and processes the Buyer's personal data for the purposes of:

      1. navigation on the website. In this case the information concerns the use of cookies and is available at the following address: www.orangioia.it/cookiepolicy;
      2. registration of an account and purchase of products. In this case the information on data processing can be consulted at the following address: www.orangioia.it/privacypolicy.

Orangioia works to protect the personal information of its Customers by providing a high level of security, but the Buyer also has a role in protecting his/her personal data. In particular, the Buyer must maintain the security of his/her online transactions, for example by refraining from communicating his/her username (Buyer's email address) and/or password to others and by changing said password regularly.

Art. 27 – Communications, contacts and complaints

For any request, communication or complaint relating to reservations or Orders, to these GTC or, in general, to any contract concluded with Orangioia through the Site, it is possible to contact the owner:

  1. by sending an email to info@orangioia.it;
  2. by calling 3881035625;
  3. by making an appointment using the above contact details, going directly to the registered office of Orangioia in via Siciolante n. 5, 04100 Latina.

Art. 28 – Adr, jurisdiction and competent court for disputes with the consumer customer

Disputes with the Consumer Customer relating to the validity, effectiveness, interpretation or execution of the contract as well as, in general, relating to the navigation of the Site by the Customer or to the use of any functionality made available to him on the Site, may be submitted to an attempt at conciliation to be carried out via the European "Online Dispute Resolution" platform (so-called ODR) available at the address http://ec.europa.eu/consumers/odr.

Through the ODR platform the Customer can send a complaint relating to the contract concluded online with Orangioia by activating the online dispute resolution procedure.

The email address of the professional seller to be included in the complaint is info@orangioia.it.

If the attempt at an amicable settlement fails, the dispute will be referred to the judicial authority of the Court of residence or domicile of the Consumer Customer, which has exclusive and mandatory territorial jurisdiction.

In any case, for the resolution of the aforementioned disputes, the Client retains the right to take legal action before the Judge of the Court in which he has residence or elected domicile, regardless of the outcome of the mediation procedure.

The jurisdiction of this Court is mandatory and cannot be derogated in any way.

Art. 29 – Jurisdiction and competent court for disputes with the professional Client

These General Conditions of Sale and the contract concluded with the Professional Customer are governed by Italian law.

All disputes relating to the validity, effectiveness, interpretation or execution of these GTC, the sales contract and, in general, relating to the navigation of the Site by the Customer or to the use of any functionality made available to him on the Site, shall be subject to the exclusive jurisdiction of the Judicial Authority of the Court of Latina.

The Parties are also entitled to resort to extrajudicial dispute resolution bodies.