– Premise and effectiveness of the General Conditions
These General Terms and Conditions of Sale (hereinafter referred to as “General Conditions of Sale”) have as their object the discipline of the purchase of products and services, carried out at a distance and made available, through the internet, from the website http://www.vinitola.com (hereinafter referred to as “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 Azienda Vitivinicola Tola Girolamo Sas di Tola Domiziana, with registered office in Via G. Matteotti, 2 90047 Partinico (PA), C.F./P.Iva 04001760828, registered at the Chamber of Commerce of Palermo, e-mail address email@example.com.
The consumer who accesses the Site to make purchases (hereinafter “Customer”) is required, before sending the order, to read carefully these General Conditions that have been made available to you on the Site and that will be available also through the link contained in the email of confirmation of each order to allow the reproduction and storage.
Mode of purchase
The purchase of wines, as of all spirits, is exclusively allowed to those over 18 years.
All the products purchased on www.vinitola.com are sold directly by Azienda Vitivinicola Tola Girolamo Sas di Tola Domiziana, Via G. Matteotti n° 2, 90047 Partinico (PA).
The minimum order quantity is 3 bottles of your choice or multiple of 3.
The bottles will be shipped in packs of 3 or 6 bottles.
The Customer guarantees, assuming all responsibility and keeping the Supplier harmless from any injurious consequences, that its data, provided upon acceptance of these general conditions, are truthful and allow us to identify the true identity of the Customer. The Customer is also informed of the need to communicate to the Supplier a valid e-mail address in order to allow the Supplier the forwarding of order confirmations and any communication.
To conclude the contract of purchase of one or more products offered on www.vinitola.com, you must complete the order form in electronic format, following the 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 the present General Conditions and payment transcribed. The contract between Azienda Vitivinicola Tola Girolamo Sas and the Customer must be understood as concluded with the acceptance of the order from Azienda Vitivinicola Tola Girolamo Sas. The correct receipt of the order is confirmed by Azienda Vitivinicola Tola by email, sent to the email address communicated by the customer. In this Email, the customer will also find the order number, the shipping and billing data, the list of products ordered with their essential features and the total price, including delivery costs. The Customer will check the confirmation email and if you find any errors in the order will have 12 hours from the receipt of such email to contact the Customer Service at the email address firstname.lastname@example.org or at the phone number +39 3272066183. After this period the order will be processed for shipment and changes will no longer be accepted, without prejudice to the rights of the Customer.
Once the order has been received, Azienda Vitivinicola Tola Girolamo Sas 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 Customer Service Azienda Vitivinicola Tola Girolamo Sas will send timely communication via email to the customer who, within the next 12 working hours, may reply to confirm the shipment of any additional Products available or cancel it. In case of failure to reply within this deadline, 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 divert immediately depending on the payment method chosen.
– Information on the Products
The information and characteristics relating to the Products are available, with the relevant product codes, on the Website. The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the descriptive card. It is understood that the image of the Products has the sole purpose of presenting them for sale and may not be perfectly representative of its 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 is always authentic.
Shipping costs and times
The purchased wine is sent by courier. The delivery times vary depending on the destination and vary approximately 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 lower orders the shipping fee is € 20.00.
Azienda Vitivinicola Tola delivers its products exclusively in Italy and the European Community.
Prices and payment methods
All sales prices of the marketed products are displayed and indicated on the website www.vinitola.com. Unless otherwise indicated in writing, all prices are inclusive of VAT and expressed in Euro. The validity of the indicated prices is always and only that indicated by the procedure at the same time of the forwarding of the order to the Supplier.
The Customer has the choice between different payment methods:
- Bank transfer in advance
- Paypal or credit card
The purchase contract is concluded through the exact compilation and consent to the purchase expressed through the adhesion data online, except for the good end of the payment.
– Invoicing of orders
If the purchase is made by a professional it will be possible to request issuance of the invoice by selecting the appropriate box during the order procedure and entering the billing data including tax code and/ or VAT number. In this case the invoice will be sent by email to the address indicated. The professional is responsible for the correct insertion of the billing data and is expressly informed that, in case of failure to request the invoice at the time of order, it will not be possible to request it later. The data provided by the customer at the time of the order will be entered in the invoice, no change will be possible after the issue of the invoice itself.
– 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 field of Shipping Data. All purchases will be delivered by express courier from Monday to Friday, excluding holidays and national holidays. Azienda Vitivinicola Tola Girolamo Sas is not responsible for delays not foreseeable or not attributable to it.
– Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without having to provide any explanation and without any penalty, except in the cases of exclusion provided for in point IV below. To exercise this right, the customer must send to 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 A/R, 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 provide, once received the communication, to open a practice for the management of returns and to communicate to the Customer the instructions on how to return the Products, that will take place by 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 composed of several components or parts, it is not possible to exercise the right of withdrawal only on part of the Product purchased.
- In case of exercise of the right of withdrawal Azienda Vitivinicola Tola Girolamo Sas will refund to the customer the full amount of the returned goods, including shipping costs where provided, within 14 days from the date on which the notice of withdrawal was received, without prejudice to 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 they have expressly requested a different method.
III. Also in order to guarantee the free return, the Products must be returned in the same box in which they were received.
- In addition to the cases indicated in Foreword (consumer and/ or customer who requires the invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 d.lgs 21/2014:
– order of tailor-made or clearly customised products;
– order of products likely to deteriorate or expire rapidly;
– order of sealed products which are not suitable for return for hygiene or health protection reasons or which have been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and agrees that among the Products that “are likely to deteriorate or expire quickly” all the Products are covered as the characteristics and qualities of these types of Products are subject to alteration also as a result of an inappropriate storage. Therefore, for hygienic and customer protection reasons, the right of withdrawal is only applicable to the Products purchased on the Site that can be returned to Azienda Vitivinicola Tola Girolamo Sas and put on the market without danger to the health of consumers.
– Free return in case of exercise of the right of withdrawal
As a condition of greatest favor for the Customer, Azienda Vitivinicola Tola Girolamo Sas maintains the shipping costs for the return of the Products in case of exercise of the right of withdrawal. In order to benefit from this free shipment, 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 to the return of the Products to the courier.
– Warranty and lack of conformity
In case of defects in conformity of Products sold by Azienda Vitivinicola Tola Girolamo Sas the Customer must immediately contact the Customer Service using the appropriate contact form accessible on the Site through the tab ‘Customer Service’. The legal guarantees provided for in 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, at no cost, the conformity of the Product by repair or replacement, or an appropriate price reduction or termination of the contract. The customer forfeits these rights if he does not report to Azienda Vitivinicola Tola Girolamo Sas the lack of conformity 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 expiry in a shorter period, in which case the defect must be reported within that shorter period.
– Errors and limitations of liability
The information about the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors of which Azienda Vitivinicola Tola Girolamo Sas cannot be held liable, except in case of intent 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 the information at any time without prior communication, without prejudice to the rights of the Customer pursuant to these General Conditions and the Consumer Code.
Except in the event of intentional or gross negligence, any right of the Customer to compensation for damages or to the recognition of compensation, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or evasion, even partial, of an order. Azienda Vitivinicola Tola Girolamo Sas promotes the responsible consumption of alcohol and excludes any liability 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 through the tab “Customer Service”, or by registered letter a/r to the following address: Azienda Vitivinicola Tola Girolamo Sas, C/da Piano del Re, 90047 Partinico (PA).
Azienda Vitivinicola Tola Girolamo Sas undertakes to reply to all requests received within a maximum of 7 working days.
– Applicable law and jurisdiction
The sales contract between the Customer and Azienda Vitivinicola Tola Girolamo Sas is concluded in Italy and is governed by Italian law. For the resolution 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, will be the exclusive jurisdiction of the Court of Palermo, any other competent Court excluded.
Pursuant to Article 1341 of the Italian Civil Code, the Customer declares that he has read and specifically accepts the following articles of these General Conditions: ”Transport and Delivery”, “Errors and limitations of liability”.