General Terms and Conditions
(pursuant to Chapter I, Title 3, Part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
1. Introduction 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 internet, from the site www.tenutacorsignano.it (hereinafter, the “Site”) in accordance with Italian law as per Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, “Consumer Code”).
The seller of the products and owner of the Site is: Gallo Elena Fattoria di Corsignano with registered office in Loc. Corsignano, 53019 Castelnuovo Berardenga (SI) Italy; C.F. GLLLNE63A51L219X P.IVA 00942760521 – E-mail address: email@example.com and firstname.lastname@example.org (hereinafter “Fattoria di Corsignano”).
The consumer who accesses the Site to make purchases (hereinafter “Customer”) is required, before sending the order, to carefully read these Terms and Conditions.
In the event that the person making purchases on the Site requires the issuance of an invoice and / or is not a “consumer or user” as defined in art. 3, paragraph 1, letter. a) of the Consumer Code, will not apply the rules of withdrawal under Art. 7 and 8 of these Terms and Conditions or, more generally, the provisions of the same Consumer Code which apply only to “consumers”.
Contracts concluded with Fattoria di Corsignano through the Site are governed by these Terms and Conditions in accordance with Italian law. The language available to conclude the contract is Italian.
2. Choosing and ordering products
The characteristics and price of the various products for sale on the Site (hereinafter the “Product” or “Products”) are shown on the page relating to each Product.
By submitting the order from the Site, the Customer acknowledges and declares to have read all the information provided during the purchase process and accept these Terms and Conditions of payment.
The contract between Fattoria di Corsignano and the Customer shall be concluded with the acceptance of the order by Fattoria di Corsignano. Such acceptance is communicated to the customer through an email confirmation of the order itself containing the order number, shipping and billing information, the list of products ordered with their essential characteristics and the total price, including shipping costs.
The Customer will check the confirmation email and if he identifies any errors in the order will have 12 hours from receipt of this email to contact Fattoria di Corsignano directly from the Site using the contact form accessible through the “Contact” page or by sending an email to email@example.com. After this period will no longer be accepted changes, without prejudice to the rights of the customer under Article 7 below.
In the event that one or more products are not available, Fattoria di Corsignano will promptly notify the client by e-mail who, within the next 12 hours, will be entitled to confirm the reservation of any further available products or cancel it. In case of no response within that period, the order will be considered confirmed. If only a few products are not in stock, Fattoria di Corsignano will process the order with the products available. In both cases, the amount of the missing products will be immediately reversed depending on the method of payment chosen.
The prices of the products are inclusive of all taxes and duties. All prices are in Euro.
4. Methods of payment and billing
4.1 Payment methods
The Customer can pay the price of the Products and the relative delivery costs by PayPal or bank transfer.
Once the order has been confirmed, the Customer will be redirected to the PayPal website where he/she can make the payment with his/her account or using a card, even a prepaid one, or in any case according to the methods accepted by PayPal and in compliance with its conditions.
The customer must make the transfer within 3 days from the date of the order. If payment does not occur within 3 days 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 the seller in order to clarify whether the cause of non-credit is due to the customer’s desire not to confirm the purchase or other causes.
Data for the transfer:
Chianti Banca Credito Cooperativo Soc. Coop.
intestato a GALLO ELENA
IBAN IT 51 X 0867371880000000100375
Cause: the customer must indicate in the reason for the transfer date and order number, found in the confirmation email (eg “Order 01/01/14 n. 100012345”).
4.2 Invoicing of Orders
If the purchase is made by a professional will be possible to request the issuance of an invoice by selecting the appropriate box during the order process and entering the billing information including tax code and / or VAT. In this case the electronic invoice will be sent via email to the address indicated. The professional is responsible for the correct insertion of the invoicing data and is expressly informed that, in case of lack of request of the invoice in phase of order, it will not be possible to demand it subsequently.
5. Transport and delivery
Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase process.
All purchases will be delivered by express courier (hereinafter, “Courier”) from Monday to Friday, excluding holidays and national holidays. Fattoria di Corsignano is not responsible for delays not foreseeable or not attributable to it.
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 from the day after the day on which Fattoria di Corsignano has confirmed the order to the Customer via an order confirmation email.
Shipments abroad may be made with different couriers depending on the country of destination in order to ensure the customer the best available rate.
6. Right of withdrawal
The Customer has the right to terminate the purchase contract for any reason, without explanation and without penalty, subject to the cases of exclusion provided for in paragraph IV below. To exercise this right, the customer must send to Fattoria di Corsignano a notice within 14 days from the date of receipt of the products using the form downloaded here or, if you intend to exercise the withdrawal before receiving the products, the notice of withdrawal can be sent at any time before receipt.
Such notice shall be sent by registered letter with return receipt, addressed to: Località Corsignano 53019 Castelnuovo Berardenga (SI)
Or by pec to the following address: firstname.lastname@example.org.
Fattoria di Corsignano will, once received the communication, communicate to the customer instructions on how to return the products.
The right of withdrawal is governed by the following conditions:
I. The right applies to the purchased Product in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the right of withdrawal only on part of the purchased Product.
II. In case of exercise of the right of withdrawal Fattoria di Corsignano refund the customer the full amount of goods returned, including shipping costs where applicable, within 14 days from the date on which it was received the notice of withdrawal, without prejudice to the right of Fattoria di Corsignano to suspend the payment of the refund until the actual receipt of goods. The refund will be made using the same method of payment used by the customer, unless they have expressly requested a different method. In case of bank transfer will be the responsibility of the customer to provide the bank details on which to obtain reimbursement (account holder, name and address of the Bank and IBAN).
III. Also in order to guarantee the gratuitousness of the return pursuant to article 8 below, the Products must be returned in the same package in which they were received.
IV. In addition to the cases indicated in the Foreword (non-consumer customer and/or requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 of 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 are not suitable to be returned for hygienic reasons or related to the protection of health or that have been opened after delivery.
In cases of exclusion of the right of withdrawal, Fattoria di Corsignano will return to the customer the products purchased, charging the same shipping costs.
7. Free return in case of exercise of the right of withdrawal
Fattoria di Corsignano maintains full responsibility for the shipping costs for the return of products in case of exercise of 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 Article 7 above and wait to be contacted by Fattoria di Corsignano to agree on the return of products to the courier.
8. Cancellation or change of shipping address of the order
The Customer can cancel or request a change of shipping address of the order within 12 hours from the conclusion of the order itself; after this time the order will be put into processing and it will no longer be possible to request cancellation or change of shipping address.
The customer must contact the seller directly from the Site using the contact form accessible under “Contacts”.
Fattoria di Corsignano reserves the right to cancel the order in case of unforeseeable difficulties, informing the customer by email, or, by agreement with the same, change the day and / or time of delivery.
9. Warranty and Conformity Defects
In case of lack of conformity of Products sold by Fattoria di Corsignano, the Customer shall immediately contact the seller using the contact form accessible on the Site.
The legal guarantees provided for in Articles 129, 130 and 132 of the Consumer Code apply to the sale of Products. The Customer has the right, at his or her choice and provided that the type of Product allows it, to the restoration, without any expense, of the conformity of the Product by means of repair or replacement, or to an adequate reduction of the price or to the termination of the contract.
In case of wine having defects or alterations, the customer is required to keep the bottle with at least 2/3 of its content and with its original cork and to inform the seller about the alleged non-conformity. Fattoria di Corsignano will intervene as soon as possible by arranging a free pick up in order to make a thorough inspection and propose the most suitable solution.
The Customer loses these rights if he/she does not report the lack of conformity to Fattoria di Corsignano within one month from the date on which he/she discovered the defect, unless it is 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 reduced period.
10. Errors and Limitations 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, Fattoria di Corsignano shall not be held responsible, except in case of fraud or gross negligence.
Fattoria di Corsignano reserves the right to correct errors, inaccuracies or omissions even after an order has been submitted, or to change or update the information at any time without prior notice, without prejudice to the rights of the customer under these Terms and Conditions and the Consumer Code.
Except malice or gross negligence, any right of the customer to damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance or evasion, even partial, of an order.
Fattoria di Corsignano promotes the responsible consumption of alcoholic beverages and excludes any liability, except malice or gross negligence, in the event of purchase by persons under 16 years of age. Buying any alcoholic product you declare to be of age as per art. 7 of DL 158/2012. Fattoria di Corsignano will not be held responsible in case of purchase made by minors under 18 years of age who have declared to be of a different age.
Any complaints must be forwarded to Fattoria di Corsignano using the contact form accessible directly on the Site or by email to email@example.com or by phone at +39 0577 322545 (from abroad +39 577 322545), or by registered mail with return receipt to the following address:……….
Fattoria di Corsignano undertakes to reply to all requests received within a maximum of 7 working days.
12. Applicable law and competent court
The sales contract between the Customer and Fattoria di Corsignano is concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or termination of these Terms and Conditions or individual purchase orders if the Customer is a consumer under the Consumer Code, will be competent exclusively the court of his town of residence or domicile if located in Italian territory, in all other cases, the territorial jurisdiction is exclusively that of the Court of Siena, any other jurisdiction excluded.
Pursuant to article 1341 c.c., the Customer declares to have read and specifically accepted the following articles of these General Conditions: 6 (responsibility for delays in delivery), 10 (right to correct errors – exclusions of responsibility).