Terms and conditions of sale
GENERAL CONDITIONS OF SALE
(PURSUANT TO CHAPTER I, TITLE 3, PART 3, OF LEGISLATIVE DECREE 206/2005 AND SUBSEQUENT AMENDMENTS AND SUPPLEMENTS)
– 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 the Internet, from the site http://www.vinitola. com (hereinafter, the "Site") in compliance with the Italian legislation pursuant to Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the "Consumer Code"). The seller of the products and owner of the Site is Azienda Vitivinicola Tola Girolamo Sas of Tola Domiziana, with registered office in Via G. Matteotti, 2 90047 Partinico (PA), CF/P.Iva 04001760828, registered with the Palermo Chamber of Commerce, address email address firstname.lastname@example.org.
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 also be available through the link contained in the confirmation email of each order to allow it to be reproduced and stored.
Method of purchase
The purchase of wines, like all spirits, is only permitted for those over 18 years of age.
All products purchased on www.vinitola.com are sold directly by Azienda Vitivinicola Tola Girolamo Sas of Tola Domiziana, Via G. Matteotti n° 2, 90047 Partinico (PA).
The minimum order is 3 bottles of your choice or multiples of 3.
The bottles will be shipped in packs of 3 or 6 bottles.
The Customer guarantees, assuming all responsibility and holding the Supplier harmless from any prejudicial consequence, that their data, provided upon acceptance of these general conditions, are truthful and allow the true identity of the Customer to be identified. The Customer is also informed of the need to communicate a valid e-mail address to the Supplier in order to allow the Supplier to forward order confirmations and any communication.
To conclude the purchase contract for one or more products offered on www.vinitola.com, it is necessary to fill in the order form in electronic format, following the relative instructions.
By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these transcribed General and Payment Conditions. The contract stipulated between Azienda Vitivinicola Tola Girolamo Sas and the Customer must be considered concluded with the acceptance of the order by Azienda Vitivinicola Tola Girolamo Sas. Correct receipt of the order is confirmed by Azienda Vitivinicola Tola by reply via email, sent to the email address provided by the customer. In this Email, the customer will also find the order number, shipping and billing information, 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 at the email address email@example.com or at the telephone number +39 335 662 9801 After this term, the order will be processed for shipment and changes will no longer be accepted, without prejudice to the Customer's rights.
Once the order has been received, Azienda Vitivinicola Tola Girolamo Sas will check the availability of the stocks in order to process the order. In the event that one or more Products are not available, the Customer Service of Azienda Vitivinicola Tola Girolamo Sas will promptly notify the Customer via email who, within the following 12 working hours, will have the right to reply to confirm the shipment of any additional Products available. or cancel it. In case of no response within this period, the order will be considered confirmed and the available Products will be shipped. In both cases, the amount relating to the missing Products will be reversed immediately depending on the payment method chosen.
– 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.
Shipping costs and times
The purchased wine is shipped by courier. Delivery times vary according to the place of destination and range from a minimum of 2 to a maximum of 7 working days except in cases of force majeure.
Shipping costs are free for orders of more than or equal to € 100.00; for smaller orders the shipping fee is €20.00.
Azienda Vitivinicola Tola delivers its products exclusively on Italian territory and in the European Community.
Prices and payment methods
All sales prices of the products marketed are displayed and indicated on the website www.vinitola.com. Unless otherwise indicated in writing, all prices indicated are to be understood as "VAT included" and expressed in Euros. The validity of the prices indicated is always and only that indicated by the procedure at the very moment of forwarding the order to the Supplier.
The Customer has the right to choose between different payment methods:
Advance bank transfer
PayPal or credit card
The purchase contract is concluded through the exact compilation and the consent to the purchase expressed through the accession given "on line", subject to the successful completion of the payment.
– Invoicing of orders
If the purchase is made by a professional, it will be possible to request an 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. The data provided by the customer at the time of the order will be included in the invoice, no changes will be possible after the invoice has been issued.
– 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 from Monday to Friday, excluding holidays and public holidays. Azienda Vitivinicola Tola Girolamo Sas is not responsible for unforeseeable delays or delays not attributable to it.
- Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except for the cases of exclusion provided for in point IV below. To exercise this right, the Customer must send Azienda Vitivinicola Tola Girolamo Sas a communication within 14 days from the date of receipt of the Products.
This communication must be sent by registered letter with return receipt, addressed to: Azienda Vitivinicola Tola Girolamo Sas, C/da Piano del Re, 90047 Partinico (PA).
The Customer Service of Azienda Vitivinicola Tola Girolamo Sas 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 Azienda Vitivinicola Tola Girolamo Sas itself.
The right of withdrawal is governed by the following conditions:
The right 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.
In case of exercise of the right of withdrawal, Azienda Vitivinicola Tola Girolamo Sas will refund the customer 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 the right of Azienda Vitivinicola Tola Girolamo Sas 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.
III. Also in order to be able to guarantee free returns, the Products must be returned in the same box in which they were received.
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 for 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 to deteriorate or expire rapidly" include all the Products since the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for hygienic and customer protection reasons, the right of withdrawal is applicable only for Products purchased on the Site which can be returned to Azienda Vitivinicola Tola Girolamo Sas and put back on the market without endangering the health of consumers.
– Free return in case of exercise of the right of withdrawal
As a more favorable condition for the Customer, Azienda Vitivinicola Tola Girolamo Sas 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 and wait to be contacted by Azienda Vitivinicola Tola Girolamo Sas to agree on the return of the Products to the courier.
– Warranty and lack of conformity
In the event of lack of conformity of Products sold by Azienda Vitivinicola Tola Girolamo Sas, the Customer must immediately contact Customer Service using the appropriate contact form accessible on the Website via the "Customer Assistance" tab. 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 on condition that the type of Product permits 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 report the lack of conformity to Azienda Vitivinicola Tola Girolamo Sas within two months from the date on which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to deadline in a shorter period, in which case the defect must be reported within this shorter period.
– 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 Azienda Vitivinicola Tola Girolamo Sas cannot therefore be held responsible, except in cases of willful misconduct or gross negligence. Azienda Vitivinicola Tola Girolamo Sas 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 of 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. Azienda Vitivinicola Tola Girolamo Sas promotes the responsible consumption of alcohol and excludes any responsibility at its own expense.
Any complaint must be forwarded to Azienda Vitivinicola Tola Girolamo Sas using the appropriate contact form accessible directly on the Site via the "Customer Assistance" tab, or by registered letter with return receipt to the following address: Azienda Vitivinicola Tola Girolamo Sas, C/da Piano del Re, 90047 Partinico (PA).
Azienda Vitivinicola Tola Girolamo Sas undertakes to respond to all requests received within a maximum of 7 working days.
– Applicable law and competent court
The sales contract between the customer and Azienda Vitivinicola Tola Girolamo Sas 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 of individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the Court of Palermo will have exclusive jurisdiction, any other court competent excluded.
Pursuant to article 1341 of the Civil Code, the Customer declares to have read and specifically accept the following articles of these General Conditions: "Transport and delivery", "Errors and limitations of liability".