The following General Conditions of Sale govern the offer and sale of products on this website www.cantinavaldimiro.com/en (Site).
1. SCOPE OF APPLICATION
1.1 The sale of products through the Site (Products) constitutes a distance contract governed by Chapter I, Title III (articles 45 and following) of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
1.2 The General Conditions of Sale can be modified at any time. Any modifications and/or new conditions will be in force from the moment of their publication on the Site. For this reason, users are invited to access the Site regularly and to consult, before making any purchase, the most updated version of the General Conditions of Sale. The applicable General Conditions of Sale are those in force on the date the purchase order is sent.
2. PURCHASES ON THE SITE
2.1 With reference to Italian citizens, sales on the Site are reserved only for those who have reached the age of 18. The buyer who is not an Italian citizen can purchase Products on the Site only if he is an adult with respect to his own national law. If there is no legislation in this regard, you must be at least 21 years old.
In any case, the user who makes purchases on the Site undertakes to hold Cantina Valdimiro harmless from any liability in the event that he has made purchases on the Site without respecting his national law on the subject of purchase limits for reasons of age.
2.2 Cantina Valdimiro reserves the right to refuse or cancel orders that come (i) from a user with whom it has an ongoing legal dispute; (ii) by a user who has previously violated these General Conditions of Sale and/or the conditions and/or terms of a purchase contract with Cantina Valdimiro; (iii) by a user who has been involved in fraud of any kind; (iv) by users who have released false, incomplete or inaccurate identification data or who have not promptly sent Cantina Valdimiro the documents requested by it on the basis of these General Conditions of Sale or who have sent invalid documents; (v) by users who do not give sufficient guarantees of solvency. In any case, Cantina Valdimiro reserves the right to cancel orders referring to transactions that do not present an absolute degree of authenticity.
2.3 With regard to purchases on the Site, it could occur that: the purchase process contains one or more material errors; the Product Sheet, as defined below, contains incorrect information due to clerical errors (e.g.: the price of the Product); due to material error a Product is indicated as available and instead is not available during the preparation of the order. In these cases, or in similar cases, the user can request the cancellation of the order or obtain, in agreement with Cantina Valdimiro, a different Product, subject to any adjustment relating to the purchase cost.
2.4 The products that can be purchased are intended solely for final consumers. By consumer we mean, according to the relative definition in article 3 of Legislative Decree no. 206/2005 the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. The Seller therefore reserves the right not to conclude Contracts with Subjects who are not Consumers. The language of the Contract and of the General Conditions is Italian.
3.1 All prices to the public are excluding VAT and may be subject to change without notice.
3.2 For any orders from abroad, we specify that the prices do not include any taxes, duties and taxes of the country of destination. If present, the Customer undertakes to check the amount in advance with the local customs authorities and, if necessary, to take charge of it directly.
4. INFORMATION DIRECTED FOR THE CONCLUSION OF THE CONTRACT
4.1 In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Cantina Valdimiro informs the user that:
to conclude the purchase contract for one or more Products on the Site, the user must fill in an order form in electronic format and send it to Cantina Valdimiro, electronically, following the instructions that will appear from time to time on the Site and which they will accompany the different phases of the purchase;
the contract is concluded when the order form reaches the Cantina Valdimiro server;
the order form will be filed in the Cantina Valdimiro database for the time necessary to process the order and, in any case, within the terms of the law. To access your order form, you can consult your account.
5. VALIDITY OF OFFERS AND PRICES
5.1 All Product prices are expressed in Euros (€) and are understood to be excluded from Value Added Tax (“VAT”), unless otherwise specified. Any additional cost will be expressly and separately indicated in the order form, before the user proceeds with the transmission of the same.
5.2 The price of the Products can be modified by Cantina Valdimiro at any time, without notice, it being understood that the price charged to the user will be the one published on the information sheet which illustrates the main characteristics of the Product (Product Sheet) at the time of sending the ‘order. Any changes (increases or decreases) in the price following the transmission of the order will not be taken into account.
5.3 Products at discounted prices may be offered for sale on the Site. The full price indicated on the Site (Prezzo Barrato) and with respect to which the discount that Cantina Valdimiro applies is calculated corresponds to the list price published on the Site.
6. PURCHASE ORDERS – PRODUCT INFORMATION
6.1 Cantina Valdimiro will process the purchase order, and then ship the purchased Product, only after receiving confirmation from its Bank that the Total Amount Due has been correctly credited.
6.2 The Products will remain the property of Cantina Valdimiro until payment by the user of the Total Amount Due. The risk of loss or damage to the Products, for reasons not attributable to Cantina Valdimiro, on the other hand, will be transferred to the user when the user, or a third party designated by him and other than the carrier, will physically come into possession of the Products.
6.3 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. Furthermore, the images of the Product in the Product Sheet may differ in terms of vintage and/or size or in relation to any accessory products. These images must therefore be understood as indicative and with usage tolerances. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will prevail.
6.4 All Products contain sulphites, as the wine production process itself implies the presence of sulphites in it. However, it is possible that other sulphites are added in the wine production process; in some cases, however, it is possible that no “added” sulphites are present in a wine.
7. AVAILABILITY OF PRODUCTS
7.1 The products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.
7.2 In any case of unavailability of the Product ordered, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, the user will be promptly informed by e-mail or by phone. The user will therefore be entitled to terminate the contract, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraph, of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraph, Consumer Code or in any case in which the payment of the Total Amount Due has already taken place, Cantina Valdimiro will reimburse this amount without undue delay and, in any case, within the maximum term of 15 working days from the date of collection. This amount will normally be paid by bank transfer. Any delays in crediting may depend on the bank.
7.3 In the case of orders involving a plurality of Products (Multiple Order), if the unavailability concerns only some Products covered by the Multiple Order, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of art. 7.2, Cantina Valdimiro will notify the user immediately by email or telephone. The user will therefore be entitled to terminate the contract, limited to the Product(s) that have become unavailable, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraph, of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraph, Consumer Code, in relation to the Product/s that have become unavailable or in any case in which the payment of the Total Amount Due has already been made, Cantina Valdimiro will refund the amount due in relation to such Product/s, including delivery costs and any other additional cost due in specific relation to such Products (Partial Amount Due) without undue delay and, in any case, within the maximum term of 15 working days from sending the order. The refund amount will be communicated to the user via e-mail or telephone. This amount will normally be paid by bank transfer. Any delays in crediting may depend on the bank. The termination of the entire Multiple Order will be possible only in the case of evident and proven accessory nature of the Products covered by the Multiple Order which have become unavailable with respect to the other Products covered by the Multiple Order available.
8. DELIVERY OF PURCHASED PRODUCTS
8.1 The amount of delivery costs due by the user in relation to a specific order is expressly and separately indicated (in Euros and inclusive of VAT) during the purchase process, in the order summary and, in any case, before that the user proceeds with the transmission of the same. In the event of omitted indication of a specific delivery term, it will take place, in any case, within thirty days from the date of conclusion of the contract.
8.2 The delivery obligation is fulfilled by transferring the material availability or in any case control of the Products to the user.
It is up to the user to check the condition of the Product that has been delivered/that he has collected. It being understood that the risk of loss or damage to the Products, for reasons not attributable to Cantina Valdimiro, is transferred to the user when the user, or a third party designated by the same and other than the carrier, materially takes possession of the Product, it is recommended to the user to verify the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials and is invited, in his interest, to indicate on the carrier’s transport document, any anomalies, accepting the package with RESERVE (e.g. damaged package, wet package, non-original Cantina Valdimiro branded scotch). The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier and/or Cantina Valdimiro, in the event of loss or damage to the Products, except in the case where the loss or damage is due willful misconduct or gross negligence of the courier and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known and no later than eight days after receipt. In the event that the package shows obvious signs of tampering or alteration, the user is also advised to promptly notify the Commercial Manager of Cantina Valdimiro. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid. Cantina Valdimiro undertakes to send the user the Product(s) that have been damaged totally free of charge on the next order.
8.3 The provisions of art. 61 of the Consumer Code in the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation.
9. METHOD OF PAYMENT
9.1 Bank transfer in advance
9.1.1 The order will be shipped as soon as Cantina Valdimiro has received the credit of the amount relating to the order.
10. RIGHT OF WITHDRAWAL
10.1 The user who plays the role of consumer has the right to withdraw from the contract concluded with Cantina Valdimiro without having to incur costs other than those indicated in this article and without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period ). The Withdrawal Period expires after 14 days:
in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Product;
in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product;
in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece.
10.2. To exercise the right of withdrawal, the user must inform Cantina Valdimiro of his decision to withdraw, before the expiry of the Withdrawal Period.
10.3 To exercise the right of withdrawal, the user must send an email to email@example.com with an explicit declaration of his decision to withdraw from the contract (Declaration of Withdrawal). Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period is borne by the user, it is in the user’s interest to keep a copy of the email sent to Cantina Valdimiro with the Declaration of Withdrawal.
10.4 For the return of the Product, the user can use a carrier of his choice with return costs borne by the user: in this case, the user, after having exercised the right of withdrawal in the manner indicated in this article , must return the Product to Cantina Valdimiro, using a carrier of his choice and at his own expense, without undue delay and in any case within the term of 14 calendar days from the date on which he communicated to Cantina Valdimiro his decision to withdraw . The deadline is met if the user sends back the Product before the period of fourteen days has expired. The Product, suitably protected and packed, must be sent to the following address:
Via Campone, 25 – Collamato di Fabriano (AN) – 60044 Fabriano (AN)
The direct costs of returning the Product to Cantina Valdimiro are charged to the user. The return of the Product to Cantina Valdimiro takes place under the responsibility of the user.
If the user has used a discount code to purchase the Product for which he has exercised the right of withdrawal, the refund will be made only with reference to the amount of money actually spent by the user, and not with regard to the value of the discount code.
10.5 If the user withdraws from the contract, Cantina Valdimiro will refund the Total Amount Due paid by the user for the Product, without undue delay and in any case no later than 14 calendar days from the day on which Cantina Valdimiro received the Products subject to withdrawal in the same conditions in which they were sold. The refund will be made by bank transfer.
10.6 In the event of partial withdrawal, the amount of the delivery costs to be returned to the user following the withdrawal will be calculated in proportion to the value of the goods subject to withdrawal.
10.7 The user is solely responsible for the decrease in the value of the goods resulting from handling the Product other than those necessary to recognize the Product with certainty. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, accompanied by all the accessories present, still attached to the Product and intact and not tampered with, as well as free from signs of wear or dirt. The withdrawal also applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories (which do not constitute independent Products) of the Product.
10.8 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. Cantina Valdimiro will notify the user, rejecting the request for withdrawal. The Product, if already received by Cantina Valdimiro, will remain at Cantina Valdimiro at the user’s disposal for collection, which must take place at the expense and under the responsibility of the user.
10.9 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to clearly identify the same, the refund amount will be reduced by an amount equal to that decrease in value. Cantina Valdimiro will notify the user of the circumstance and of the consequent reduced refund amount, providing the same, in the event that the refund has already been paid, the bank details for the payment of the amount due by the user due to the decrease in Product value.
10.10 In the event that, using one of the hypotheses of the law, the right of withdrawal does not find application, this exclusion will be given specific and express communication in the Product Sheet and, in any case, during the purchase process, before the user proceed with the transmission of the order. In any case, the user is reminded that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, among other things, in the event that the sale concerns:
(i) products made to measure or clearly personalized;
(ii) of sealed products that do not lend themselves to being returned for hygienic or health protection reasons, which have been opened after delivery.
11.1 By placing an order on the Site, the user gives his consent to receive the invoice, if requested, only in electronic format. The invoice can be printed and filed as an original in accordance with Ministerial Circular 45/E, 10/19/2005. For the issuance of the invoice, the information provided for this purpose by the user will prevail, which he declares and guarantees to be true, undertaking to keep Cantina Valdimiro harmless and indemnified from any damage, including penalties issued by the competent authorities, which may derive from it in the event of non-correspondence to the truth of the same.
11.2 Cantina Valdimiro is a registered trademark. Photos, texts, descriptions and everything contained in the Site are the property of Valdimiro Lacchè. The integral or partial reproduction of any part of the Site is prohibited; the reproduction of texts or photos for any use and in any form and in any case without the prior written authorization of the owner is also prohibited.
11.3 Cantina Valdimiro is not responsible for any damage suffered by the user or third parties or to property owned by the user or third parties due to delays in delivery or related to the use of the Product.
12. LEGAL WARRANTY OF CONFORMITY
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Legislative Decree n. 128-135 of the Consumer Code (Legal Guarantee). The Legal Guarantee is reserved for consumers. Therefore, it is applied only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. Those who have purchased on the Site and who do not qualify as consumers will be covered by the guarantee for defects in the thing sold, the guarantee for promised and essential quality defects and the other guarantees provided for by the civil code with the relative terms, forfeitures and limitations.
13. APPLICABLE LAW AND JURISDICTION; OUT OF COURT SETTLEMENT OF DISPUTES – ALTERNATIVE DISPUTE RESOLUTION / ONLINE DISPUTE RESOLUTION
13.1 The contracts concluded between the users of the Site and Cantina Valdimiro are governed by Italian law. Without prejudice to the application to consumer users who do not have their habitual residence in Italy of possibly more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising of the right of withdrawal, at the deadline for returning the Products, in case of exercise of this right, the methods and formalities of communicating the same and the legal guarantee of conformity.
13.2 Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, n.206 (Consumer Code), Cantina Valdimiro informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, that, in the event that he has presented a complaint to Cantina Valdimiro, following which it has not been possible to find a contractual solution, Cantina Valdimiro will provide information regarding the Alternative Dispute Resolution bodies for the out-of-court settlement of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis and following of the Consumer Code).
Cantina Valdimiro also informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address https://ec.europa.eu/consumers/odr; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them and start an online resolution procedure for the dispute in which he is involved.
In any case, the right of the consumer to appeal to the competent ordinary judge of the dispute deriving from these General Conditions of Sale is reserved.
13.3 The user who resides in a member state of the European Union other than Italy can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, € 2,000.00. The text of the regulation can be found on the website https://eur-lex.europa.eu.