1.1 The following general conditions for sales apply to purchases made through the website winefamily.carugate.it where the type of products for sale are shown.
2) General terms
2.1. The general conditions stated herein for On-Line Sales will regulate the commercial relations between the Vendor and the Buyer and form an integral and substantial part of the sales contract to be undertaken.
2.2. The purchaser is aware that the General Conditions for Sale published in this portal may vary, and for this reason each sale is referred to and regulated exclusively by the General Conditions for Sale that are valid at the date of signing the contract.
2.3. The parties, in accordance with the rules defined by law, agree to uphold that, should any term of the general conditions herein be declared null or invalid, that fact shall not prejudice the validity and applicability of the other terms which will remain fully valid and applicable.
3) Subject of the contract of on-line sale
3.1. The subject of the contract of on-line sale are the products shown on the website winefamily.carugate.it which the vendor offers for sale and the purchaser intends to buy, through operation on the said Platform, i.e. distance sales through telematics after registering and acceptance by the vendor.
3.2. The goods which can be purchased in this way are exclusively those displayed in the page of the Portal.
3.3. Every item represented in the Portal has a product file which indicates: title of the product, illustration, availability, as well as a complete fact sheet and a description of the main characteristics of the product.
3.5. The Purchaser should be aware that all information supplied in the Portal and in particular the illustrations in the product file are of a general nature and are provided simply for information to aid the identification of the item: any images or colours of the products available for sale may vary in appearance in the actual goods. These possible differences may be caused by the Internet browser used or monitor settings, (luminosity, contrast, quality and type of printer, etc.).
4.1. The prices for all purchasable goods are indicated analytically in the website, for each product.
4.2. The prices indicated for each product are valid until the date in which the website is updated. The Vendor reserves the right to modify the prices at any time. The currently valid price will be seen by the Buyer while browsing the Portal. The products remain the property of the Vendor until full payment has gone through.
4.3. Sale prices are indicated for a single item and include VAT and taxes, as well as delivery costs.
4.4. All information regarding means, times and costs of delivery are always available for the Buyer to view, in the order summary shown before the purchase of the product is finalised or the order is placed.
5) Registering on the Portal
5.1. Registration on the Portal for accessing the “Family Wine Club” does not necessarily mean buying, and is only possible for users over eighteen who possess the legal entitlement to undertake commercial action and enter contracts. The personal data received (for example full name, e-mail, date of birth) will be treated with reservation as per D. Lgs. 196703 and subsequent amendments. The data supplied must be precise and updated if necessary.
5.2. Once the Buyer has registered on the Portal they will receive an e-mail of “welcome” confirming the successful registration. The Buyer holds responsibility for their own account and all activities carried out through it, any orders placed using the account, and must advise the Vendor immediately of any misuse of credentials or unauthorised access.
5.3. The registered Buyer can manage their own profile by accessing their personal control panel and modifying the address and/or personal data; they can view their past orders/ invoices and access the procedure for returning items.
5.4. The registered Buyer will be able to view the catalogue of available purchasable goods, their characteristics, technical data, prices, means and costs of delivery and any other necessary information for placing an order or viewing orders already sent.
5.5. Registration on the Portal is subject to the condition of acceptance by the Vendor. Only when the request for registration has been accepted will the Buyer be enabled to use the platform for purchasing products.
6) Procedure for concluding an on-line sale
6.1. The registered Buyer chooses the product they wish to buy and adds it to the basket.
6.2. After viewing the order summary the Buyer who wishes to proceed with the order must fill in the various required fields for delivery and invoicing, and choose the desired payment method. The Buyer should read the General Conditions of sale and tick the box to declare having read, understood and accepted the Terms of Sale.
6.3. After ticking the box General Conditions of sale the Buyer must choose the means of payment to proceed with the purchase of the product.
6.4. At this point the Buyer will receive an e-mail of “order received” containing the summary of the order, which will confirm the receipt of the order by the Vendor but does not yet constitute contractual acceptance of the order. The contract of purchase/sale on-line is only considered concluded when the Buyer receives confirmation of the acceptance of the order from the Vendor.
6.5. The e-mail confirming the order which the Vendor sends to the Buyer will contain the order number, a summary of the purchase, the invoice, link to the General Conditions of sale and all the other information required to identify the Vendor.
7) Method of payment
7.1. Payment for products offered for sale by the Vendor through the Portal can be effected in the following ways: Visa, Mastercard, Amex, Bank transfer (irreversible).
7.2. Each Buyer must declare that they have full entitlement to use the means of payment selected. Each Buyer must verify that they have sufficient credit to cover all costs relating to the purchases.
7.3. Every communication regarding credit card and similar transactions is operated on a specific code-protected line of the Vendor’s. The Vendor guarantees memorisation of this information with a further level of security coding and in compliance with the commitment detailed above with reference to personal data protection.
8) Terms and place of delivery of the goods
8.1. The Vendor will arrange delivery of the purchased goods to the Buyer according to the means available indicated in the window “contents of basket”.
8.2. The Vendor will arrange delivery of the goods by courier, delivery time between 3 and 5 days (except for products not currently available in warehouse) from the time of concluding the contract of on-line sale. The terms of delivery are intended as an indication and not a guarantee: possible delays in delivery of goods do not give the Buyer the right to withdraw from the concluded on-line contract.
9) The right to rescind contract or be reimborsed if Buyer is Consumer
9.1. Where the Buyer is to be considered consumer, as per art. 52 comma 2 of the Codice di Consumo, they have the right to rescind the contract of on-line sale, without any penalty and without specific justification, within a period of 14 (fourteen) days. The period for rescission ends after 14 days from the day:
- a) where the sale contract is for only one item of goods (purchase of one item) “from the day in which the Consumer or a third party, not the carrier and designated by the Consumer, buys the physical ownership of the items”;
- b) where the contract regards multiple goods ordered by the Consumer in one order (Purchase of several goods in the same order) and delivered separately: from the day in which the Consumer or third party, not the carrier and designated by the Consumer, buys the physical ownership of the last item;
- c) where the contract regards the delivery of goods consisting of multiple batches or items: from the day in which the Consumer or third party, not the carrier and designated by the Consumer, buys the physical ownership of the last batch or item;
9.2. For the purposes of exercising their rescission right, a Consumer must inform the Vendor of their decision to rescind the contract of on-line sale by means of an explicit declaration sent by certified e-mail.
9.3. To make this easier for the Consumer, the Vendor’s contact details are supplied below:
Azienda Agricola Ca’ Rugate di Michele e Amedeo Tessari
via Pergola 36 – 37030 Montecchia di Crosara ( VR ) – ITALY
Tel. 045/6176328 –P.Iva 01884780238
pec : firstname.lastname@example.org
10) Effects of Rescission by the Consumer.
10.1. A Consumer who rescinds the contract of on-line sale described herein will be refunded in full with all the payments they have effected to the Vendor, including delivery costs (except for supplementary costs due to the selection of any type of delivery other than the least expensive of standard delivery types offered), without undue delay or anyway not more than 14 days from the day in which the Vendor is informed of the decision to rescind the contract of on-line sale. This refund will be effected using the same method of payment used for the original transaction, unless the Consumer has expressly agreed otherwise; in any case the Consumer will not have to sustain any further costs as a consequence of the refund.
10.2. The refund may be suspended until the goods have arrived or until the Consumer demonstrates that the goods have been sent back, if that is a prior date.
10.3. If the Consumer has received the goods that are the subject of the on-line sale contract, they must send back the goods or deliver them to the following address:
Azienda Agricola Ca’ Rugate, via Pergola 36 – 37030 Montecchia di Crosara (VR) – ITALY, without undue delay and anyway not more than 14 days from the day in which the Consumer informs the Vendor of the decision to rescind the contract of on-line sale. The period is considered respected if the goods are sent back before the 14 days are up.
10.4. The direct costs of returning the goods will be paid by the Consumer.
10.5. When the communication is received in which the Consumer declares their intention to use their right of rescission, the parties (Vendor and Consumer) are released from their reciprocal contractual obligations, except those regarding the Consumer and Vendor’s obligations stated above.
11) Responsibility and obligations of the Vendor, liability for defects, proof of damage and refundable damage
11.1. The Buyer undertakes to pay the price of the products according to the established means and terms referred to above, and to arrange for the printing and safekeeping of the email confirming the order containing the order number, summary of the placed order and the General Conditions of Sale.
11.2. The Vendor will not be held liable for damage, losses and costs sustained in the event of the failure to conclude the contract as a result of causes beyond their control, the Buyer having the right only to the full refund of the price paid and any related expenses sustained.
12) Use of the Portal and Responsibilities of the Vendor / the Users
12.1. The Vendor is not liable for improper use of the site on the part of the Users, for any breakdown or malfunctioning of the site and does not take responsibility for delays due to external causes, should it not be possible carry out the order within the time stipulated in the contract.
12.2. In the event of failure to fulfil the contract due to causes beyond the control of the Vendor, the Vendor will not be liable towards a professional Buyer or a Consumer for damages, losses or costs sustained, the Buyer having the right to the full refund of the price paid and any related expenses sustained.
12.3. The Vendor does not assume any liability for possible fraudulent or illicit use which might be made by third parties, of credit cards, cheques or other means of payment, where it can be demonstrated that every possible precaution was adopted, based on state-of-the-art expertise and the application of normal diligence.
12.4. The Portal is made available without the issue of any specific guarantee or licence: the Buyer who uses it takes on all risks regarding use of Internet and ICT applications (hardware and software) and must ensure that they have the basic security requirements (anti-virus, firewall, etc) and avoid downloading unsafe or dangerous material.
12.5. The Vendor is not responsible and will not answer for any virus, malware or problematics of any kind relating to internet navigation by the User, in that they do not derive from the Vendor’s own action.
12.6. The User undertakes, once the procedure for purchasing on-line has been concluded, to arrange to print and keep the contract safe.
13) Keeping records of the contract
13.1. As per the article12 of d.lgs. 70/2003 and subsequent amendments, the Vendor informs the Consumer and/or professional Buyer that every order transmitted is kept in digital/paper form in the head offices of the Vendor or in the ICT systems of consultants/suppliers of the Vendor, with whom relations are regulated by service contract.
14) Safeguarding personal data
14.1. Personal data provided will be treated in compliance with D. Lgs. 196/03 and subsequent amendments.
15) Composition of contention | Applicable Laws and Court Jurisdiction
15.1. This contract is regulated by the Italian State laws.
15.2. The contract undertaken by the professional Buyer is regulated by the Civil Code, in particular by art. 1341 and subsequent amendments (s.a.), art. 1470 and s.a.
15.3. Regarding the contract between the Vendor and the Consumer, for any issues not expressly defined herein, the rules of law to apply are those concerning relationships of the kind formed in this contract: art. 1341 and s.a. and art. 1469 bis, as well as art. 1470 and s.a. of the Codice Civile and Codice del Consumo (D. lgs. 206/2005) Parte III, Titolo III, Capo I which the consumer can see apply fully.
15.4. For any contention relating to the on-line sale contract or these General Conditions, that might arise between the Vendor and the professional Buyer, the Court of Jurisdiction is exclusively the Court of Verona, unless the court of the consumer’s residence applies.