GENERAL ONLINE SALES CONTRACT TERMS AND CONDITIONS
When accessing and using the www.ecommerce.castellogrinzane.com website, the Buyer undertakes to comply with the terms and conditions in this contract. Buyers are therefore invited to read this document carefully before making any purchases. The sale of alcoholic beverages to anyone under legal age is prohibited. By accessing this website, users are declaring that they are of legal age to purchase alcohol according to the legislation which applies to them. If no such legislation exists in their place of access, they must be at least 21 years of age. ART. 1 IDENTIFICATION OF THE SUPPLIER. The goods to which these general terms and conditions refer are put on sale by Enoteca Regionale Piemontese Cavour, Via Castello n. 5, Grinzane Cavour, Italy, Cuneo REA Company Register no. CN-160089, tax code no. 00203490040, VAT no. 00203490040, referred to herein as the «Supplier».
ART. 2 DEFINITIONS. The phrase «online sales contract» is used to mean the contract of purchase and sale relating to the Supplier’s goods entered into between the Supplier and the Buyer within the framework of an online distance sales system organized by the Supplier. The term «Buyer» is used to mean the natural person who makes a purchase pursuant to this contract for purposes which are not related to any commercial or professional activity. The term «Supplier» is used to mean the party referred to above who makes the online sale pursuant to this contract.
ART.3 SCOPE. The scope of this contract is the purchase and sale of the number and types of wine, typical products, gadgets and publishing products as offered by the Supplier and selected by the Buyer online on the www.ecommerce.castellogrinzane.com website. The offering and sale of the Products on the website constitutes a distance contract as regulated by art. 49 and subsequent articles of Legislative Decree no. 206 of 6 September 2005 (the ‘Consumer Code") and Legislative Decree no. 70 of 9 April 2003 regulating electronic commerce. The products may feature a label bearing the logo of the ‘Ordine dei Cavalieri del Tartufo e dei Vini di Alba’ (Order of the Knights of the Truffle and Wines of Alba), indicating that they are one of a group of products selected by the Order. The Supplier guarantees the delivery of products which are the same as those indicated and described on the website. Producer liability applies to all the products sold. In the case of packaged products, the producer is also liable for the veracity and completeness of the information given on the packaging. The photos appearing on the website are included to facilitate identification of the products; due to variations made by producers to packaging, the photos may not be an exact representation of the product as delivered.
ART. 4 CONCLUSION OF CONTRACTS. Contracts between the Supplier and Buyer are entered into exclusively via the Internet when the Buyer accesses the www.ecommerce.castellogrinzane.com website and formalizes the purchase of goods by following the procedures given on the website. The correct receipt of the order is confirmed by the Supplier by means of an e-mail sent to the address provided by the Buyer. All the products put on sale on the www.ecommerce.castellogrinzane.com website are available through the Supplier. However, the actual availability of products cannot be guaranteed at all times, as more than one user may be making purchases at the same time. The Buyer will be informed without delay in the event of the Supplier being unable to accept an order, and may change the order or forgo the purchase, with the resulting reimbursement of the amount already paid.
ART. 5 PRICES. The prices of the products sold by the Supplier are given on the website, and are to be understood as including VAT. The cost of shipment, which will depend on the method of delivery requested, and of any applicable customs dues will additional to the price of products. Published prices and offers may vary in relation to vintage and product format. The Supplier therefore reserves the right to make changes without notice. If a price has been published mistakenly or incorrectly, the Supplier reserves the right to forgo the sale. ART. 6 PURCHASE CONTRACTS ENTERED INTO BY MINORS. Only persons of legal age may make purchases through the website. Should anyone under legal age access the website by giving false information relating to their age or false indications in order to complete the purchase procedure, the person exercising parental responsibility over said minor shall be directly liable for the purchase, without prejudice to the rights of withdrawal under art 9 of these terms and conditions of sale. In particular, it is reiterated that alcoholic beverages may only be sold to persons who are authorized to purchase and receive them in accordance with the laws in force in the place of delivery, with particular regard to the rules relating to the age limits on consumers of alcohol, where applicable. For this reason, the Supplier asks buyers to state their age at the time of purchase, and at the time of shipment may request proof that the purchaser is of legal age to purchase and consume alcoholic beverages. ART.7 ORDERS. The order procedure comprises a summary of the main terms of sale, including the price, means of payment and methods of delivery, as well as information on the main properties of the product ordered. The conclusion of the contract is subject to the payment by the Buyer of the full amount by one of the recognized methods of payment. ART.8 DELIVERY OF GOODS. Goods are delivered as indicated in the proposal, together with the associated invoice, to the address given by the Buyer using the Courier appointed by the Supplier. The identification of the goods and the transfer of title take place on delivery of the goods to the Courier. The Supplier’s delivery obligations are also to be considered as having been fulfilled at the same time. The Buyer is responsible for checking the condition and amount of the goods on their receipt in the presence of the Courier’s representative.
ART.9 RIGHT OF WITHDRAWAL. As they are made off business premises, purchases made on the website are subject to Legislative Decree no. 206/05 regulating distance contracts. Under these regulations, the right of withdrawal may only be exercised by natural persons (consumers) acting for purposes which can be considered as not being part of a business activity. The Buyer has the right to withdraw from the contract within 14 business days of the receipt of the goods by returning the goods which are the subject of the withdrawal to the Supplier, who will refund the price of the returned goods or replace them with goods of the same value, should the purchased or required goods not be available, upon request and authorization. The right of withdrawal does not apply to products delivered sealed which have been opened by the Buyer. The invoice, product code number(s) and bank details to make the wire transfer are required in order for this right to be exercised. Notice of withdrawal may be sent within the above-stated period of time by registered mail with return receipt requested to: Enoteca Regionale Piemontese Cavour, via Castello n. 5, 12060 Grinzane Cavour (CN). The goods must be returned intact, in unaltered condition and with their original packaging, at the Buyer’s expense within 15 days of the Notice of withdrawal. The return of the goods is to be fully to the account of the customer, who is responsible for the packaging of the goods to be returned, undertaking to take all necessary precautions to protect them against any damage or alteration. The Supplier will credit the amount paid within 30 days of becoming aware of the exercising by the Buyer of the right of withdrawal, and in any case not before having received the return shipment and checking the condition of the goods returned. The cost and risk associated with the return of products will be to the account of the Buyer. In the event of defective goods, the Buyer must notify the Supplier, within the term provided for under Legislative Decree no. 206/05, by sending an e-mail to email@example.com or by calling +39 0173 262159 to agree on the method of replacement of the goods or crediting of the amount paid. The availability of replacement goods cannot be guaranteed in the event of products that were part of a special promotion that has now ended, or of products which were only temporarily available on the site. However, the Supplier undertakes to agree with the Buyer on the most appropriate solution. ART.10 LIABILITY. The Supplier shall accept no liability for any underperformance attributable to force majeure or other events that prevent the contract from being carried out, either in part or in full, within the agreed term. The Supplier shall not be liable for any damages, losses or costs suffered as a result of non-performance of the contract due to any of the above-mentioned causes, for which the Buyer shall only have the right to reimbursement of the price paid. Without prejudice to any cases of wilful acts or gross negligence of the Supplier, it is agreed herewith that should any liability of the Supplier be ascertained towards the Buyer, including the non-performance, either total or partial, of the obligations undertaken by the Supplier towards the Buyer as a consequence of the carrying out of an order, the Supplier’s liability may not exceed the price of the Products purchased by the Buyer for which the dispute has arisen. ART.11 BUYER’S LIABILITY. The Buyer shall ensure that data entered is true, complete and up-to-date, and shall give notice in good time of any changes to said data. The Supplier reserves the right to remove parties from its list of users on failure to carry out any self-correction following formal notice to do so. The Buyer undertakes to print out and keep a copy of this contract once the online purchase procedure has been completed. ART.12 APPLICABLE REGULATIONS. In general, the laws relating to distance contracts in force in the country of the Supplier shall apply to anything not expressly provided for in this contract.
ART.13 COURT OF JURISDICTION. This contract is governed by the laws of the Italian Republic. The court competent for the place where the Enoteca Regionale Piemontese Cavour has its registered office shall have exclusive jurisdiction over any disputes relating to this contract.
ART. 14 PRIVACY. The Supplier safeguards the privacy of its customers and guarantees that their data is processed in accordance with the provisions of Italian Data Protection Act, Legislative Decree no. 196 of 30 June 2003. The personal and fiscal data acquired by the Supplier - the data controller - are collected and processed in paper and electronic format and online in order to record the order and activate the procedures for the carrying out of this contract and related communications, as well as the performance of any legal obligations and to allow for efficient management of commercial relations (art. 24, paragraph 1 b, Decree no. 196/2003). The Supplier undertakes to handle the data and information transmitted by the Buyer in confidence and not to disclose them to unauthorized parties or to use them for purposes other than those for which they have been collected or to transmit them to third parties. This data may only be produced on the request of judicial authorities or of other bodies authorized by law. The personal data will be communicated, subject to the signing of a confidentiality agreement, only to parties delegated with the performance of the activities required for the carrying out of the contract entered into and communicated exclusively within the framework of this purpose. The Buyer enjoys the rights referred to under art. 7 of Decree no. 196/03, and in other words to obtain: a) the updating, correction and - if interested - addition of data; b) the erasure, anonymization or blocking of data processed in breach of the law, including data which does not need to be stored for the purposes for which it was collected or subsequently processed; c) certification that the operations under (a) and (b), including their content, have been brought to the attention of those to whom the data has been communicated or disseminated, unless this proves to be impossible or entails the use of means which are clearly disproportionate in relation to the protected right. Data subjects also have the right to object, wholly or partially: a) on legitimate grounds to the processing of personal data concerning them, even if it is relevant to the purpose of the collection; b) to the processing of personal data concerning them for the purpose of sending advertising material, direct sales, market research or commercial communications. The communication by the Buyer of personal data is required for the correct and timely performance of this contract. Failure to communicate said data will result in it being impossible to carry out the Buyer’s request. In any case, the data acquired will be stored no longer than is necessary for the purposes for which it has been collected or subsequently processed, following which it will be removed securely. The data controller is the Supplier, to whom the Buyer may address any requests at its registered office or by e-mail to firstname.lastname@example.org.