General conditions of online sale
1) OBJECT OF THE CONTRACT
1.1) The sale of wine and all products related to the world of wine by the Fontezoppa Agroforestry Company offered on our website: www.cantinefontezoppa.com are governed by these General Conditions of Sale (hereinafter referred to as GCS) in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree No. 206/2005, amended by Legislative Decree No. 21 / 2014 and by Legislative Decree 70/2003 on electronic commerce
1.2) All products purchased on the website www.cantinefontezoppa.com are sold directly by the Fontezoppa Agroforestry Company (hereinafter referred to as the seller) with registered office in 62012 Civitanova Marche (MC) at C.da San Domenico n 38, P VAT number 01377400435
1.3) These GCS may be subject to changes at any time and the date of publication of the same on the site is equivalent to the date of entry into force. In case of changes, the GCS in force on the date of sending the purchase order will apply.
1.4) The Fontezoppa Agroforestry Company addresses its e-commerce activity exclusively to its end users who are EXCLUSIVELY CONSUMERS OVER 18 YEARS (eighteen years) . Orders from subjects who declare that they are not of age will not be processed.
1.5) The term “customer / consumer” means any natural person over the age of 18 who operates on the website www.cantinefontezoppa.com . By using the site, the consumer guarantees that he is over 18 years of age and that the person who will receive the shipment is also over 18 years of age.
1.6) The Customer, therefore, is required to carefully read these GCS that the selling party makes available in the Terms of sale section, both before and during the purchase procedure and is invited to accept them by affixing a flag in the indicated box. .
1.7) By affixing the flag, the customer accepts these GCS in all its parts.
1.8) In the order confirmation e-mail, the customer will also receive a hyperlink to download and archive a copy of these GCS as required by Article 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
1.9) These GCS apply to all purchases made on the site by Italian and foreign customers. They do not regulate the sale of products and / or the supply of services by parties other than the seller who are present on the site through links, banners (images or animations for advertising purposes) or other hypertext links. On the websites accessible through these links, Azienda Agroforestale does not carry out any type of control or monitoring and is not responsible for any violations of the law of the same.
2) METHOD OF PURCHASE ON THE SITE
2.1) The purchase of products from the site can be done through check out as a guest or through registration. The customer can register for free by filling in and sending the appropriate registration form by entering: name, surname, valid e-mail address, password and residential address. The successful registration will be confirmed by email. The registration credentials must be used only by the customer and cannot be transferred to third parties. The same undertakes to keep them secret and to ensure that no third parties have access to them. He must immediately inform the Fontezoppa Agroforestry Company if he suspects an improper use of his credentials.
2.2) Registration allows customers to perform the following activities:
1) consult your order history; 2) track the shipment; 3) manage your personal data; 4) manage the registration to the newsletter.
2.3) In the case of purchases made through check out as a guest, the customer must enter the data requested and necessary for billing and shipping.
2.4) The purchase on the site is allowed to those who play the role of consumer pursuant to art. 3, I comma, lett. a) of the Consumer Code as long as they are over 18 years old. Resellers, wholesalers and all those who have as their purpose the subsequent resale of the product will not be able to make purchases on the site. The indications on the order regarding the age of the Customer / consumer constitute self-certification and the false and false declarations provided will be legally punished and in any case release the seller from any civil and criminal liability in this regard.
2.5) The customer guarantees that the personal information provided during the registration and order confirmation procedure is complete and truthful and agrees to hold the seller harmless and released from any obligation to compensate and / or sanction and / or damage deriving from violation of the rules governing the registration and purchase of products from the Site. Each customer can take advantage of only one registration, therefore, should it be found that more registrations belong to the same subject, pursuant to and for the purposes of Article 1456 of the civil code, the Fontezoppa Agroforestry Company reserves the right to terminate the contracts concluded
2.6) To conclude the purchase contract for one or more products offered on the website www.cantinefontezoppa.com it is necessary to fill in the order form in electronic format, following the relative instructions. The order form contains a summary of the main commercial conditions including the price, the means of payment and the delivery methods, as well as information on the main characteristics of the product ordered.
2.7) Before concluding the purchase, consequently accepting the related contract and validating the order with “payment obligation”, the customer is informed about:
1) total price of the goods including taxes plus details of shipping costs and additional information deemed necessary; 2) payment methods; 3) deadline for the delivery of the goods; 4) conditions, terms, procedures for exercising the right of withdrawal as well as the model withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014; 5) existence of the legal guarantee of conformity for the goods purchased;
2.8) The selling party may in any case refuse to process purchase orders that are incomplete or incorrect, or in the event of unavailability of the products or orders that do not give sufficient guarantees of solvency without this being able to initiate claims for damages. In these cases, the seller will inform the customer / consumer by e-mail that the contract is not concluded and that the purchase order has not been carried out.
3) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
3.1) The sales contract is considered concluded with the sending, by the seller to the customer, of an e-mail confirming the order. This email contains the customer’s data and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent. These GCS and the withdrawal form will also be sent in the email, which the customer can save or print on a durable medium. The customer undertakes to verify the correctness of the personal data contained therein and to promptly notify the seller of any corrections.
3.3) The selling party undertakes to deliver the goods within 5 working days from the sending of the confirmation email to the customer.
4) PURCHASE OF PRODUCTS
4.1) The essential characteristics of the products offered by the seller are presented with specific product sheets, visible directly from the website www.cantinefontezoppa.com which illustrates their main characteristics. The images and descriptions of the products published on the site reproduce as closely as possible the real characteristics of the products. It is understood that such images and descriptions may not be perfectly representative of the same and must therefore be considered as indicative and with the tolerances of use.
5) AVAILABILITY OF PRODUCTS
5.1) Product availability refers to actual availability at the time the customer places the order. This availability must in any case be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other customers before the order is confirmed.
If the product is no longer available for the reasons indicated above or in other cases of unexpected unavailability of the product, without prejudice to the rights attributed to the customer by law and in particular to Chapter XIV of Title II of Book IV of the Civil Code, the seller will notify the user immediately by e-mail.
5.2) In case of unavailable product, in the event that the hypothesis referred to in art. 61, IV and V paragraphs, Consumer Code, and the payment of the total amount due has already taken place, the seller will refund the amount without undue delay and, in any case, within 15 working days from sending of the order. The refund amount will be communicated to the user via e-mail. This amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used.
5.3) In the case of orders concerning a plurality of Products (“Multiple Order”), if the unavailability concerns only some of them, the contract must in any case be considered valid and effective for the available part ordered. The purchase contract concerning the unavailable products will therefore be partially terminated and limited to such products with consequent return, if it has already been paid, of the price of the unavailable products, including delivery costs within 15 working days from the sending of the ‘order.
5.4) If the unavailability concerns all the products covered by the order, the seller will immediately notify the user by e-mail. The user will be entitled to immediately terminate the contract. If already paid, the price of the order and the delivery costs will be refunded within 15 working days from the confirmation of the order.
6.1) The prices indicated in the electronic catalog published on the website www.cantinefontezoppa.com are expressed in euros and are inclusive of VAT. Prices are subject to updates so the customer is always required to ascertain the final sale price before submitting the relevant order form.
6.2) Shipping costs and any other costs are not included in the purchase price but are indicated and calculated at the time of the conclusion of the purchase process before making the payment and in any case before the customer sends the order.
6.3) The purchase contract is conditional on successful payment (total amount due including product price, delivery costs and any additions). In the event that the payment is not successful, the purchase contract will be considered terminated by law pursuant to and by effect of art. 1456 cc
6.4) In the event that the customer decides to exercise the right of withdrawal, the selling party has the right not to accept the return of products that have been altered in their essential and qualitative characteristics or that have been damaged or partially consumed.
7.1) The payment of the product can be made by Visa or Mastercard credit card, through the PayPal payment solution or even by cash on delivery (only for Italy). In the event that one of these means of payment cannot be used in relation to a specific product, this will be clearly indicated on the site, at the latest at the beginning of the purchase procedure.
7.2) The charge will be made to the credit card or PayPal account used within 5 working days of placing the order.
7.3) In the case of payment by credit card, by clicking on the “confirm and pay” button, at the time of order transmission, the validity of the card will be checked and the absence of any blocks will be ascertained. The seller does not have access to and does not store the data of the credit card used by the user to pay for the products.
7.4) The security of payment by credit card is guaranteed via SSL protocol. Confidential data (credit card number, expiry date and cryptogram) are encrypted and transmitted directly through the Hipay global payment platform without passing through the seller’s server.
7.5) If the user chooses PayPal as a means of payment, he will be redirected to the website www.paypal.it where he will make the payment according to the procedure provided and governed by PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted to the seller.
7.6) In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the selling party will reimburse the amount within 15 working days of the event.
7.7) With regard to payments made through the PayPal payment solution, once the credit order has been placed in favor of the customer’s Paypal account, the selling party cannot be held responsible for any delays or omissions in crediting the refunded amount, to dispute which the customer must contact PayPal directly.
7.8) As regards payments made by credit card, once the credit order has been placed in favor of the circuit, the selling party cannot be held responsible for any delays or omissions in the crediting of the refunded amount, to dispute which the user must contact the reference credit institution directly.
7.9) The amount to be refunded, in case of termination of the purchase contract and in any other case, will be deducted from the total paid by the customer in case of multiple orders.
7.10) In order to guarantee the security of payments made on the Site and prevent any fraud, the selling party reserves the right to ask the user for a front / back copy of the valid identity card and / or a document certifying the exact residential address. The deadline by which the document must be received will be specified in the e-mail request. Pending sending, the order will be suspended. In the event that the selling party does not receive these documents within the term specified in the e-mail request, or receives expired or invalid documents, the contract will be considered terminated by law pursuant to and for the purposes of art. 1456 cc, and the order consequently canceled, without prejudice to the seller’s right to compensation for any damage deriving from such non-compliant behavior of the customer. The customer will be notified of this resolution by email.
7.11) In case of receipt of valid documentation within the terms, the delivery times will start from the date of receipt.
7.12) By way of example, the selling party will be authorized to ask the customer for the information referred to in point 7.10 in the following cases: use of different delivery / billing addresses than the address provided in the initial registration form; use of credit cards in the name of parties other than the person who sent the order; orders over the amount of 100 euros; and other cases at the seller’s discretion.
7.13) If it is necessary to reimburse the delivery costs of Multiple Orders, the selling party will reimburse the full amount of the costs only in the event that the withdrawal or termination concerns all the products referred to in the Multiple Order. In the event that the withdrawal or termination concerns only some products, the refund will be made proportionally in relation to the cost of each product. In any case, the amount of the delivery costs to be returned will never exceed that actually paid by the customer.
8) SHIPPING AND DELIVERY OF PRODUCTS
8.1) On the Italian territory, shipments are made by delivery to the courier. Any delivery delays due to the carrier must be considered his sole responsibility and not attributable to the seller. The selling party will entrust the shipment of the products to the courier only after receiving confirmation of the successful payment of the total amount due.
8.2) The risk of loss or damage to the products for reasons not attributable to the seller, will be transferred to the customer when the latter, or a third party designated by him, materially comes into possession of the product sold, or to the carrier, if entrusted to him. .
8.3) It is up to the customer to check the conditions of the product that has been delivered to him. It is therefore recommended that the customer check the number of products received and that the packaging is intact, not damaged, nor wet or otherwise altered even in the closing materials and is invited, in his interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. The unreserved receipt of the products, in fact, does not allow the customer to take legal action against the courier, in the event of loss or damage to the same.
8.4) For greater transport safety, the selling party uses patented and customized packaging that guarantees the integrity of the product transported. In the event that the package shows evident signs of tampering or alteration, the responsibility must fall exclusively on the carrier.
8.5) The products will be delivered to the address indicated by the buyer at the time the order is placed. The delivery terms are those indicated in the summary of the order and in the confirmation of the same. In the event of failure to indicate a specific delivery term, this will in any case take place within thirty days from the date of conclusion of the contract. The Buyer acknowledges that if the purchase is made before 23:59, the order will be considered confirmed and paid on the same day. On the other hand, in the event that the purchase is made after 0:00, the order will be considered confirmed and paid the following day. Saturdays and public holidays in Italy are excluded from the calculation of the deadline.
8.6) In the event that the delivery cannot be made due to the absence of the recipient at the time of delivery to the address indicated by the purchaser, the courier will deposit a notice of passage in the letter box. The courier will then make a second delivery attempt. After two unsuccessful delivery attempts, or in the event that the delivery cannot be made due to an error in the address indicated by the buyer, the package will be placed in storage with the courier who will inform the seller.
8.7) Customer Service will promptly contact the buyer via e-mail, to inform him of the non-delivery and to agree on the terms of the new shipment. If the recipient wishes the delivery to take place at a new address or wants to collect the package from the warehouse, he must contact the seller to authorize the courier to proceed.
8.8) The customer acknowledges that the collection of the package is a specific obligation deriving from the product purchase contract and consequently acknowledges that, in any case, after 3 days from that in which the package was placed in storage, the contract will be understood as resolved by law pursuant to and for the purposes of art. 1456 cc
8.9) In the event that the purchased product is not delivered or is delivered late with respect to the delivery terms indicated in the product sheet and in the order confirmation, the customer, pursuant to art. 61 of the Consumer Code, invites the seller to make the delivery within an additional deadline appropriate to the circumstances (“Additional Deadline pursuant to art. 61, co. III, Consumer Code”). Should this additional term expire without the products having been delivered, the customer is entitled to terminate the contract (“Termination of the Contract pursuant to art. 61, co. III, Consumer Code”).
9) RIGHT OF WITHDRAWAL (Article 52 and following of the Consumer Code)
9.1) In accordance with Article 52 and following of the Consumer Code, the customer who purchased the products has the right to withdraw from the purchase without any penalty and without specifying the reason within 14 days of receipt of the goods using the procedures of return management.
In the case of multiple orders with separate deliveries, from the day on which the customer or a third party delegate acquires physical possession of the last product.
9.2) To exercise the right of withdrawal, the customer must inform the seller, before the expiry of the term, of his decision to withdraw. To this end, you can: use the standard withdrawal form made available to you on the Site in the Customer Area (at the “Right of Withdrawal” link) or, alternatively, you can send any declaration to the address: firstname.lastname@example.org explicit containing the decision to withdraw from the contract.
9.3) In the withdrawal form or email, the customer must indicate the order number, the Product (s) for which he / she intends to exercise the right of withdrawal and his address.
9.4) Pursuant to art. 57 Consumer Code, in case of exercising the right of withdrawal, the customer must return the goods to the seller within 14 days from the date of the notice of withdrawal and the direct costs of returning the product are charged to the customer. The goods must be sent to the seller’s registered office.
9.5) It is not possible, however, to change a single bottle of wine, the selection or the chosen product with another without additional costs.
9.6) In the event of withdrawal, the seller will refund the amounts already paid for the product within 14 days of receipt, and in any case after verifying the unchanged characteristics of the returned product.
9.7) The product must in any case be kept, handled and inspected with normal diligence and returned intact in its original packaging, complete in all its parts, fully functional, accompanied by all the original accessories and labels, where present, still attached to the product and intact and not tampered with, as well as perfectly suitable for its intended use and free from signs of wear or dirt or openings. Otherwise the withdrawal cannot be applied and the selling party will not be able to refund the price.
9.8) The withdrawal, therefore, applies to the product in its entirety. It cannot therefore be exercised in relation to parts and / or accessories thereof. If the product does not have the original characteristics of its entirety and is worn, broken due to no fault of the seller, the customer will not be entitled to any type of refund.
9.9) In the event that the goods for which the withdrawal has been exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to establish their nature, characteristics and functioning, the refund amount will be reduced by a sum equal to this decrease in value. The selling party will notify the customer within 5 working days of receipt of the product of the circumstance and the consequent reduced refund amount, providing the same, in the event that the refund has already been paid, the bank details for the payment of the amount due. due to the decrease in value of the product.
10). Model withdrawal form pursuant to Article 49, paragraph 1, lett. h)
(complete and return this form only if you wish to withdraw from the contract)
Fontezoppa Agroforestry Company C.da San Domenico n 38 – 62012 – Civitanova Marche (MC),
telephone: …………………… fax: …………………… ..
e-mail: …………………… ..
I, the undersigned ……………… resident in ……………………… .via ………… ..
the formal withdrawal from the sales contract n …………… of the following goods and services: ………
ordered on …………………
received on ………………… ..
customer address …………………………….
– Signature of the consumer
11) GUARANTEES AND CONFORMITY OF PRODUCTS
11.1) The Products offered on the Website www.cantinefontezoppa.com are all top quality products
11.2) The seller undertakes to describe and present the items sold on the site in the most realistic way possible. Nevertheless, it is good to keep in mind that there may be some errors, inaccuracies or small inconsistencies with the real product.
11.3) There is a lack of conformity when the purchased good is not suitable for the use for which it is intended, does not conform to the description made by the seller and does not have the usual qualities and performance that the consumer can reasonably expect from a good of the same guy.
11.4) In the case of defective goods, the customer must contact customer service at +39 0733 790504 The Customer Service will promptly reply to the communication, indicating the next steps to take.
11.5) In order to take advantage of the Legal Guarantee, the customer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable that the same, for the purposes of this proof, keep the purchase invoice, as well as any document certifying the delivery.
11.6) In case of lack of conformity duly reported within the terms, the customer has the right: primarily to the free replacement of the goods, at his choice, unless the requested remedy is objectively impossible or excessively expensive compared to the other; secondary to the termination of the contract and reimbursement of the price.
11.7) The product with respect to which the customer complains of the lack of conformity must be sent to the seller who will carry out the conformity check and decide whether the defect exists or not and whether to proceed with the reimbursement.
12) INFORMATION ON THE PROCESSING OF PERSONAL DATA OF USERS WHO CONSULT THE WEBSITE WWW.CANTINEFONTEZOPPA.COM pursuant to Article 13 of Regulation (EU) 2016/679
12.2) The data controller is the Fontezoppa Agroforestry Company of Piero Luzi & Csaas
13.1) Cookies are active on the website www.cantinefontezoppa.com aimed at retaining information from the computer of the visitor to the Site. This information may concern the IP address, the operating system used, etc. This information collected will be used by Falc Spa only for statistical purposes and to improve the site and its offer of online services to visitors.
13.2) Cookies can be disabled by visitors to the site by activating the appropriate configuration in the internet options of their computer or browser. However, by deactivating cookies, it will be possible that the website is not active on each of its pages and in each of its services, thus limiting its effective use by the visitor.
13.3) The website www.cantinefontezoppa .com uses “Google Analytics”, a website analysis service provided by Google Inc. (“Google”). This service measures the traffic generated on the site of the Fontezoppa & C. saas Agroforestry Company with the help of cookies that contain totally anonymous data. These data relating to the use of the Internet site will be transmitted automatically without any intervention by Azienda Agroforestale Fontezoppa & C. saas and will be kept by and under the exclusive responsibility of “Google”.
14.1) All texts, images and trademarks that appear on the website www.cantinefontezoppa.com are the property of Azienda Agroforestale Fontezoppa & C.saas and are protected by copyright and intellectual property laws. Any unauthorized use will be prosecuted according to the law.
14.2) The user who has a personal website and wishes to insert, for personal use, a direct link on his website to the homepage of the Azienda Agroforestale Fontezoppa & C. saas website must request authorization from the same. Furthermore, any hypertext link to the www.cantinefontezoppa.com site that uses the framing, deep-linking, in-line linking or any other deep linking technique is in any case prohibited.
15.1) In the event that any provision of this contract is void following a change in legislation, this does not in any way affect the validity of the remaining clauses which will be supplemented by the corresponding legislative provisions.
16) APPLICABLE LAW AND JURISDICTION
16.1) These GCS are governed by Italian law.
16.2) For any dispute relating to the application, execution and interpretation of these GCS, the court of the place where the user resides or has elected domicile or the related conciliatory bodies is competent.
17) CUSTOMER SERVICE AND COMPLAINTS
It is possible to request information, send communications, request assistance or submit complaints by contacting the Customer Service (“Customer Service”) in the following ways:
using the ” Contact us” form, by clicking on this link
by e-mail, to the address: email@example.com ; and by phone, at +30 0733 790504 active from Monday to Friday from 08.30-12.30 and from 14.00-18.00.
By post, by writing to Azienda Agroforestale Fontezoppa di Piero Luzi & C. saas, e-comm office, C.da San Domenico n 38, 62012 Civitanova Marche (MC)
18) VESSATORY CLAUSES
18.1) These GCS, formulated pursuant to and in compliance with the Consumer Code and its subsequent amendments, do not contain unfair clauses for the customer and do not require double approval. With the simple affixing of the flag, however, the GCS are read and all fully accepted.