TERMS OF SALE
(pursuant to Chapter I, title 3, part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
1. PREMISE AND EFFECTIVENESS OF THE GENERAL CONDITIONS
These general conditions of sale (hereinafter, "General Conditions") have as their object the regulation of the purchase of products and services, carried out remotely and made available, via the Internet, from the site www.tenutadelpaguro.com (hereinafter , the "Site") in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the "Consumer Code").
The seller of the products and owner of the Site is: TENUTA DEL PAGURO s.r.l. with registered office via Belfiore 60, 48121 Ravenna (RA), C.F/ P.I. and registration in the Business Register no. 02650480391, REA: RA-220445 – E-mail address: email@example.com (hereinafter “TENUTA DEL PAGURO”).
The consumer who accesses the Site to make purchases (hereinafter "Customer") is required, before sending the order, to carefully read these General Conditions which have been made available to him on the Site and which will be available at any time by the Customer also through the link contained in the confirmation email of each order to allow it to be reproduced and memorized.
In the event that the person making purchases on the Site requests the issuance of an invoice and/or in any case is not a "consumer or user" as defined in art. 3, paragraph 1, lett. a) of the Consumer Code, the withdrawal provisions pursuant to art. 7 and 8 of these General Conditions nor, more generally, the provisions which, pursuant to the same Consumer Code, apply only to "consumers".
Contracts concluded with TENUTA DEL PAGURO through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.
2. CHOOSE AND ORDER THE PRODUCTS
The characteristics and price of the various products on sale on the Site (hereinafter the "Product" or "Products") are shown on the page relating to each Product.
To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the "Cart" and, after having read the General Conditions and the Policy of Privacy and having confirmed their acceptance, he will have to enter the shipping and possible billing data, select the desired payment method and confirm the order.
By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares that he has read all the information provided to him during the purchase procedure and that he fully accepts these transcribed General and Payment Conditions.
The contract stipulated between TENUTA DEL PAGURO and the Customer must be considered concluded with the acceptance of the order by TENUTA DEL PAGURO. This acceptance is communicated to the Customer via an order confirmation email containing a reference to these General Conditions, the order number, shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs. The Customer will check the confirmation email and if he identifies errors in the order he will have 12 hours from receipt of this email to contact Customer Service directly from the Site using the appropriate contact form accessible via the "Customer Assistance" link. After this term, the order will be processed for shipment and changes will no longer be accepted, without prejudice to the Customer's rights referred to in article 7 below.
Once the order has been received, TENUTA DEL PAGURO will check the availability of the stocks for the fulfillment of the order. In the event that one or more Products are not available, the TENUTA DEL PAGURO Customer Service will promptly notify the Customer via email who, within the following 12 hours, will have the right to reply to confirm the shipment of any additional Products available or cancel it. In the event of no response within this period, the order will be considered confirmed and the available Products will be shipped. In this case, the entire amount relating to the missing Products will be reversed or in any case, depending on the payment method chosen, will not be charged to the Customer.
3. PRODUCT INFORMATION
The information and characteristics relating to the Products are available, with the relative Product codes, on the Site.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and qualities but may differ in color and size. In case of difference between the image and the written product sheet, the description of the product sheet always prevails.
4. PRICES AND SHIPPING
Product prices are inclusive of all taxes and duties. All prices are expressed in Euros.
5. PAYMENT AND BILLING METHODS
5.1 Payment methods
The Customer may pay the price of the Products and the relative delivery costs by credit card, PayPal or bank transfer.
CREDIT CARD AND PAYPAL
Once the order has been confirmed, the Customer will be redirected to the PayPal site where he can make the payment with his account or using a card, even a prepaid one, or in any case according to the methods accepted by Paypal and in compliance with the relative conditions.
The Customer must make the transfer within 3 days from the date of the order. If this does not occur, the order will be canceled and the goods made available again for purchase by other customers. The Customer who has not made the transfer may be contacted by Customer Service in order to clarify whether the cause of the non-credit is due to the Customer's desire not to confirm the purchase or to other causes.
Data for the bank transfer: c/c: TENUTA DEL PAGURO S.R.L.
EU IBAN: IT 72 N 06270 13100 CC0000279650
Swift Code: CRRAIT2RXXX
Quoting: Ravenna Savings Bank
Reason: the Customer must indicate the date and order number in the reason for the transfer, which can be found in the confirmation email (e.g. "Order 01/01/14 n. 100012345").
5.2 Order billing
If the purchase is made by a professional, it will be possible to request the issuance of the invoice by selecting the appropriate box during the order procedure and entering the billing information including the tax code and/or VAT number. In this case, the invoice will be sent via email to the address indicated. The professional is responsible for entering the billing data correctly and is expressly informed that, if the invoice is not requested during the order phase, it will not be possible to request it later.
6. TRANSPORT AND DELIVERY
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate "Shipping Data" field.
All purchases will be delivered by express courier (hereinafter, the "Courier") from Monday to Friday, excluding holidays and national holidays. TENUTA DEL PAGURO is not responsible for unforeseeable or non-attributable delays.
Once the Products have been shipped, the Customer will receive a confirmation email which will include a link to refer to for tracking the shipment.
In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within a period of 7 (seven) working days starting from the day following the day on which TENUTA DEL PAGURO confirmed the order to the Customer through a special order confirmation email. The aforementioned term of 7 working days applies to shipments in Italy and abroad.
Delivery services active in Italy:
Shipments abroad may be made with different couriers depending on the country of destination in order to ensure the customer the best available rate.
Maximum weight of the shipment abroad: 120 Kg
Countries where the service is active: Austria, Belgium, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Norway, Holland, Poland, Portugal, Principality of Monaco, United Kingdom, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Hungary.
7. RIGHT OF WITHDRAWAL
The Customer has the right to withdraw from the purchase contract, without prejudice to the cases of exclusion set out in point IV below. To exercise this right, the Customer must send TENUTA DEL PAGURO a communication within 14 days from the date of receipt of the Products using the appropriate form available on the Site or, if he intends to exercise the withdrawal before having received the Products, the communication of withdrawal may be sent at any time before their receipt.
This communication must be sent by registered letter with return receipt, addressed to:
c.a. Returns and Refunds Office
TENUTA DEL PAGURO s.r.l.
Via Belfiore 60
48121 Ravenna (RA)
TENUTA DEL PAGURO's Customer Service will, upon receipt of the communication, open a case for the management of the return and communicate to the Customer the instructions on how to return the Products, which will take place via courier indicated by TENUTA DEL PAGURO itself.
The right of withdrawal is governed by the following conditions:
I. The law applies to the Product purchased in its entirety; therefore if the Product is made up of several components or parts it is not possible to exercise the withdrawal only on part of the Product purchased.
II. In case of exercise of the right of withdrawal, TENUTA DEL PAGURO will reimburse the customer for the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the communication of withdrawal was received, without prejudice to the right to TENUTA DEL PAGURO to suspend the payment of the refund until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method. In case of bank transfer or cash on delivery, it will be the Customer's responsibility to provide the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
III. Also in order to be able to guarantee the free return pursuant to article 8 below, the Products must be returned in the same box in which they were received.
IV. In addition to the cases indicated in the Introduction (non-consumer customer and/or requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 legislative decree 21/2014:
– order of Products made to measure or clearly personalized;
– order of Products that are likely to deteriorate or expire rapidly;
– order of sealed Products that do not lend themselves to being returned for hygienic reasons or related to health protection or that have been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that "risk of deteriorating or expiring rapidly" include both all Food Products (including wines, spirits and beverages) and cosmetics , as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage.Therefore, for reasons of hygiene and customer protection, the right of withdrawal is applicable only for Products purchased on the Site which can be returned to TENUTA DEL PAGURO and put back on the market without endangering the health of consumers (such as books, gadgets, kitchen utensils, etc.).
In cases of exclusion of the right of withdrawal, TENUTA DEL PAGURO will return the purchased Products to the Customer, charging the shipping costs to the same.
8. FREE RETURN IF YOU EXERCISE THE RIGHT OF WITHDRAWAL
As a more favorable condition for the Customer, TENUTA DEL PAGURO fully bears the shipping costs for returning the Products in the event of exercising the right of withdrawal.
In order to benefit from this free shipping, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in the previous article 7 and wait to be contacted by TENUTA DEL PAGURO to agree on the return of the Products to the courier.
9. WARRANTY AND DEFECTS OF CONFORMITY
In the event of lack of conformity of Products sold by TENUTA DEL PAGURO, the Customer must immediately contact Customer Service using the appropriate contact form accessible on the Website via the "Customer Assistance" link.
The legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and provided that the type of Product allows it, to restore, without charge, the conformity of the Product by means of repair or replacement, or to an adequate price reduction or termination of the contract. The Customer forfeits these rights if he does not notify TENUTA DEL PAGURO of the lack of conformity within 7 days from the date on which he received the product, provided that it is not a Product which by its nature is perishable or subject to expiry in a shorter period, in which case the defect must be reported within this shorter period.
10. ERRORS AND LIMITATION OF LIABILITY
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which therefore TENUTA DEL PAGURO cannot be held responsible, except in the case of willful misconduct or gross negligence.
TENUTA DEL PAGURO reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice, without prejudice to the Customer's rights pursuant to these General Conditions and the Consumer Code.
Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by non-acceptance or evasion, even partial , of an order.
TENUTA DEL PAGURO promotes the responsible consumption of alcohol and excludes any responsibility against it, except for willful misconduct or gross negligence, in the case of purchases made by minors under 16 years of age.
Any complaint must be forwarded to TENUTA DEL PAGURO using the appropriate contact form accessible directly on the Site via the "Customer Assistance" link or by registered mail to the following address:
c.a. Complaints office
TENUTA DEL PAGURO s.r.l.
via Belfiore 60
48121 Ravenna (RA)
TENUTA DEL PAGURO undertakes to respond to all requests received within a maximum of 7 working days.
12. APPLICABLE LAW AND JURISDICTION
The sales contract between the customer and TENUTA DEL PAGURO is understood to be concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his municipality of residence or of domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Ravenna, any other competent court excluded.
Pursuant to article 1341 of the civil code the Customer declares to have read and to specifically accept the following articles of these General Conditions: 6 (liability for delays in delivery), 10 (right to correct errors - exclusions of liability).