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GENERAL CONDITIONS OF ONLINE SALES (B2C)

of the Enoteca Assisi Tesori dell' Umbria, Via Frate Elia 1 Assisi 06081 Italy, VAT number 02393770546, Tel. (+39) 075813524, Whatsapp (+39) 3755104865, e-mail: itesoridellumbria@gmail.com in the person of the legal representative, Mr. Corrado Alimenti.

WHEREAS:

  • that the Seller manages the www.wineassisi.com site;
  • that the site is intended for commercial transactions between entrepreneur and consumer (B2C);
  • that, with the expression "General Conditions of Online Sale", we mean the purchase and sale contract relating to the Seller's consumer goods entered into between them and the Buyer within the framework of a distance selling system organized by the Seller;
  • that the brand and logo relating to the site are the exclusive property of the Seller;
  • that these conditions of sale govern the online sale between Enoteca Assisi Tesori dell 'Umbria and the Buyer who expressly declares to make the purchase for purposes that do not fall within the framework of his commercial, industrial, craft or professional activity;
  • that these premises constitute an integral and substantial part of the contract;

IT IS HEREBY AGREED AS FOLLOWS:

1. OBJECT OF THE CONTRACT

1.1. These general conditions, which are made available to the Buyer for reproduction and conservation pursuant to art. 12, Legislative Decree 9 April 2003, n. 70, have as their object the purchase of products, carried out remotely and by means of a telematic network, through the Website belonging to the Seller

1.2. With this contract, respectively, the Seller sells and the Buyer remotely purchases the products indicated and offered for sale on the Seller's Site.

1.3. The main characteristics of the products referred to in the previous point are illustrated on the Seller's Website. The image accompanying a product may not be perfectly representative of its characteristics.

1.4. The Seller undertakes to supply the selected products - within the limits of their availability - upon payment of a fee pursuant to art. 3 of this contract.

2. ACCEPTANCE OF THE TERMS OF SALE

2.1. All purchase orders will be forwarded by the Buyer to the Seller through the completion of the indicated purchase procedure.

2.2. These general conditions of sale must be examined "online" by the Buyer, before completing the purchase procedure. The forwarding of the purchase order by the Purchaser therefore implies full knowledge of the same and their full acceptance.

2.3. The Buyer, by sending the confirmation of his purchase order electronically, unconditionally accepts and undertakes to observe, in his dealings with the Seller, the general and payment conditions illustrated below, declaring that he has read and accepted all the information to be he provided pursuant to the aforementioned rules, also acknowledging that the Seller does not consider himself bound to different conditions, unless previously agreed in writing.

2.4. The acceptance of the conditions of sale must be expressed by the exact compilation of all sections of the electronic form, following the instructions on the screen and, lastly, by selecting the boxes relating to the ACCEPTANCE OF SALES CONDITIONS and PRIVACY INFORMATION, thereby fully accepting the contents of these documents.

3. PURCHASE METHOD AND SALE PRICES

3.1. The sales prices of the products on the Site are expressed in euros and are subject to confirmation by e-mail from the Seller, which constitutes acceptance of the purchase order.

3.2. The prices of the products published on the homepage or in the various sections of the Site are inclusive of VAT. Shipping costs vary depending on the item chosen and the country of destination selected and will in any case be calculated and will be made visible to the Buyer at the time of placing the order. The total cost of shipping to the Buyer's home is paid by the same, except for exceptions and exceptions that will be specifically advertised on the site and / or communicated via e-mail. The cost is, in any case, made known to the Buyer before confirming the purchase order.

3.3. The product chosen by the Buyer in the electronic catalog on the website www.enotecaproperzio.it, can be inserted without obligation in the electronic cart. The contents of the cart can be viewed, modified or deleted at any time. After confirming the cart, the Purchaser must correctly fill out the request form in all its parts and manifest his adhesion to the online purchase. The ordering process can be interrupted at any time by closing the browser window.

3.4. Receipt of the order does not bind the Seller until the same has expressly accepted the order by e-mail. The Seller, by e-mail containing a summary of the order details, after checking the availability of the chosen product, will confirm and formally accept the order received.

3.5. The Buyer expressly grants the Seller the right to accept even partially the order placed (for example if there is no availability of all the products ordered). In this case, the contract will be considered completed in relation to the goods actually sold.

4. CONCLUSION OF THE CONTRACT

4.1. The Contract stipulated through the Site is considered concluded when the Buyer receives, by e-mail, the formal confirmation of the order, through which the Seller accepts the order sent by the Buyer and informs him that he can proceed to the evasion of the same. The Contract is concluded in the place where the Seller's registered office is located.

4.2. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that every order sent is stored in digital / paper form on the server / at the Supplier's premises according to criteria of confidentiality and security.

5. PAYMENT METHODS

5.1. Each payment by the Buyer can only be made by one of the methods indicated: advance payment by bank transfer, online payment by credit card or via PayPal.

6. DELIVERY METHOD

6.1. Except for the withdrawal of the goods by the buyer at the seller's headquarters, the latter will deliver to the Buyer, at the address indicated by them, the selected and ordered products, in the manner provided by the previous articles, by couriers and / or trusted forwarders. Deliveries are made in the countries indicated on the seller's website, to which reference is made, and will be made, depending on the item chosen and the country of destination, within the terms indicated on the seller's website and in the confirmation e-mail which will be sent to the Buyer. In the event that the Seller is unable to make the shipment within the terms indicated therein, timely notice will be given by e-mail to the Buyer.

If the buyer requests the shipment of the product in countries other than those indicated and the seller agrees, the methods of delivery, payment and the relative costs will be agreed upon from time to time between the parties and are in any case to be borne Buyer.

6.2. If the Purchaser is absent at the time of delivery, a notice will be left with the necessary information to contact the courier or shipper in order to agree on the delivery methods.

6.3. The Seller will not be responsible for the delay or non-delivery due to an incorrect or incomplete communication of the address by the Buyer.

6.4. Upon receipt of the goods, the Buyer is required to check the conformity of the product delivered to him with the order placed; only after such verification it will be necessary to sign the delivery documents, except of course the right of withdrawal provided for by art. 10 of these conditions.

7. LIMITATIONS OF LIABILITY

7.1. The Seller assumes no responsibility for the delay or failure to deliver the goods attributable to causes of force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part , to execute the contract within the agreed time.

7.2. The Seller cannot be held liable to the Buyer, except in cases of willful misconduct or gross negligence, for disservices or malfunctions connected with the use of the internet that are beyond the control of the Seller.

7.3. The Seller will not be liable to any party or third parties for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above.

7.4. The Seller assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the purchased products, if it proves to have adopted all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.

8. GUARANTEES AND ASSISTANCE METHODS

8.1. The Seller only markets original and high quality products. In the event of questions, complaints or suggestions, the Purchaser may contact the Seller via the e-mail address itesoridellumbria@gmail.com In order to guarantee a rapid treatment of the questions, complaints or suggestions, the Purchaser must accurately illustrate the problem and possibly attach the order documents, or indicate the order number, customer number, etc.

8.2. In case of lack of conformity, the rules on the legal guarantee will be applied as foreseen by the Legislative Decree 6 September 2005, n. 206.

8.3. The warranty applies only to the products indicated in the Legislative Decree 6 September 2005, n. 206.

9. PURCHASER OBLIGATIONS

9.1. The Buyer undertakes to pay the price of the product purchased in the times and ways indicated in these General Conditions.

9.2. The Purchaser undertakes and undertakes, once the purchase procedure is concluded, to print and keep these general conditions - which, moreover, he will have already viewed and accepted as an obligatory step in the purchase procedure - as well as the specifications of the product being purchased, and this in order to fully satisfy the conditions set out in Legislative Decree no. 206.

9.3. It is strictly forbidden for the Purchaser to enter false, and / or invented, and / or invented data, in the registration procedure through the appropriate electronic form; the personal data and e-mail must correspond to their real personal data and not of third parties, or fantasy. The Purchaser therefore assumes full responsibility for the accuracy and truthfulness of the data entered in the electronic registration form, aimed at completing the product purchase procedure.

9.4. The Buyer relieves the Seller of any liability arising from the issue of incorrect tax documents due to errors relating to the data provided by the Buyer, the latter being solely responsible for the correct insertion.

9.5 In the event of the purchase of alcoholic products, the Purchaser expressly declares that he has reached the legal age of majority for the purchase of such products. In addition, the Buyer of alcoholic products guarantees the veracity of the documents sent to the Seller for the execution of this contract.

10. RIGHT OF WITHDRAWAL PURSUANT TO D.LGS. N. 206/2005

10.1. The right of withdrawal is recognized limited to the products provided for by Legislative Decree 6 September 2005, n. 206.

10.2. For products for which the right of withdrawal is not excluded, the Buyer has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) days, starting from the day of receipt of the purchased product. Any withdrawal is to be addressed to the Enoteca Assisi Tesori dell 'Umbria at the address provided on the site.

10.3. In the event that the Purchaser decides to exercise the right of withdrawal, he must inform the Seller of his decision to withdraw from the contract, submitting any explicit declaration (for example, letter sent by post, fax or e-mail). For this purpose, the Buyer can also use the withdrawal form set out in Annex I, part B of Legislative Decree no. 21/2014, but it is not mandatory.

10.4. To comply with the withdrawal deadline, it is sufficient to send the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period. The burden of proof relating to the exercise of the right of withdrawal, in accordance with this article, lies with the Buyer.

10.5. The return of the goods must take place without undue delay and in any case within 14 (fourteen) days from the date on which the Buyer communicated to the Seller his decision to withdraw from the contract. The Purchaser will only be responsible for the decrease in the value of the goods resulting from a manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

10.6. In the cases expressly provided for by art. 59 of Legislative Decree no. 206/2005, the right of withdrawal in favor of the Buyer is in any case excluded.

10.7. The Purchaser who exercises the right of withdrawal pursuant to this article, will have to bear the direct costs of returning the goods to the Seller.

10.8. The Purchaser who exercises the right of withdrawal in accordance with what is established will be reimbursed the amounts already paid, including delivery costs, with the exception of additional costs deriving from the type of delivery expressly chosen by the Buyer and different from the less expensive type of standard delivery offered by the Seller. These sums will be repaid without undue delay and in any case within 14 (fourteen) days, starting from the day on which the Seller was informed of the Buyer's decision to withdraw from the contract, using the same means of payment used by the Buyer for the transaction. initial, unless the Purchaser has expressly agreed otherwise. Unless the Seller has offered to collect the goods himself, the Seller may however withhold the refund until he has received the goods or until the Buyer has shown that he has sent the goods back, whichever occurs first.

10.9. Upon receipt of the communication in which the Buyer makes known to the Seller to exercise the right of withdrawal, the Parties are relieved of their mutual obligations, without prejudice to the provisions of this article.

10.10 It is also possible to resolve a dispute on the following site to find an out-of-court solution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=IT

11. EXPRESS TERMINATION CLAUSE

11.1 The obligations pursuant to art. 9, assumed by the Purchaser, are of an essential nature, so that by express agreement, the failure of only one of said obligations, unless determined by unforeseeable circumstances or force majeure, will entail the termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial judgment.

12. COMMUNICATIONS

12.1. Without prejudice to the cases expressly indicated, or established by legal obligations, communications between the Seller and the Buyer will take place preferably by means of e-mail messages to the respective electronic addresses which will be considered by both parties as a valid means of communication and whose production in court cannot be contested for the mere fact of being IT documents.

12.2. Written communications directed to the Seller, as well as any complaints, will be considered valid only if sent to the email address itesoridellumbria@gmail.com as indicated on the website and in this contract.

12.3. Both parties may at any time change their e-mail address for the purposes of this article, provided they promptly notify the other party in compliance with the forms established by the previous paragraph.

13. TREATMENT OF PERSONAL DATA

13.1. The Purchaser expressly declared that he had read both the information required by art. 13 of Legislative Decree 30 June 2003, n. 196 (Privacy Code), and of the "privacy policy" of the Site.

The rights deriving from the privacy legislation and the disclosure obligations arising from it on the Seller are examined "online", before the completion of the purchase procedure. The forwarding of the order confirmation implicitly implies knowledge of the same.

13.2. The Seller protects the confidentiality of customers and guarantees that the data processing complies with the provisions of the privacy legislation pursuant to Legislative Decree 30 June 2003, n. 196.

13.3. The personal and fiscal personal data acquired manually compares the procedures for carrying out this contract and the relative communications provisions, as well as the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to perform the service in the best possible way required (Article 24, paragraph 1, letter b, Legislative Decree no. 196/2003).

13.4. The seller is obliged to treat the data and information transmitted by the Buyer confidentially and not to disclose an unauthorized person, nor to use them for purposes other than those for which they were collected or to transmit them to parties. These data must be presented only at the request of the judicial authority or other authorities authorized by law.

13.5. Personal data will be communicated, upon signing of a commitment of confidentiality of the data, by only a person delegated to carry out the activities necessary for the contract stipulated and communicated included in this regard.

13.6. The Buyer enjoys the rights referred to in art. 7 of Legislative Decree 196/03, that is the right to obtain:

  1. updating, rectification or, when interested, integration of data;
  2. the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
  3. the attestation that the operations referred to in letters a. and b. have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment occurs proves impossible or involves the use of means manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part:
  4. for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection;
  5. to the processing of personal data concerning him for the purpose of sending advertising materials or direct selling or for carrying out market research or commercial communication.

13.7. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer's request cannot be processed.

13.8. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.

13.9. The owner of the collection and processing of personal data is the Seller, to whom the Purchaser can address any request at the company headquarters.

14. COMPETENT JURISDICTION

14.1. In the event of disputes arising out of or connected to this contract, the parties undertake to seek a fair and amicable settlement between them.

14.2. If the dispute has not been resolved amicably, the same will be brought to the exclusive knowledge of the Court in whose district the Purchaser has his domicile, if located in the territory of the State, according to the provisions of art. 66-bis of Legislative Decree 206/05; in the event that the Purchaser does not have the status of final consumer, it is agreed that any dispute, even in derogation of the rules relating to territorial jurisdiction, will be the exclusive competence of the Court of Perugia.

15. APPLICABLE LAW AND REFERENCE

15.1. This contract is regulated by the Italian law.

15.2. Although not expressly provided herein, the laws applicable to the relationships and cases provided for in this contract and, in any case, the rules of the Civil Code and of the Legislative Decree 6 September 2005, n. 206 (Consumer Code).

16. FINAL CLAUSES

16.1. This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously made between the parties and concerning the subject of this contract.

16.2. The possible ineffectiveness of certain clauses does not affect the validity of the entire contract.

16.3. These general conditions of sale have been drawn up in Italian. In the event of difficulties in interpreting them, the parties agree that the Italian text will be deemed authentic and effective.

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