GENERAL CONDITIONS
(pursuant to Chapter I, title 3, part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
1. 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 "www.cantinalecolline.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: Società Agricola Forestale SS "LE COLLINE", with registered office in Contrada Acquasalata 16, 62019 Tolentino (MC), Fiscal Code/ PI and registration in the Macerata Business Register no. 01463690436, REA: MC-154376
E-mail address: "speranzaconti@gmail.com".
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 be available at any time by the Customer, also through the link contained in the confirmation email of each order to allow it to be reproduced and stored.
In the event that the person making purchases on the Site requests the issuance of an invoice and/or in any case is not a "consumer or user" as defined in art. 3, paragraph 1, lett. a) of the Consumer Code, the withdrawal provisions pursuant to art. 7 and 8 of these General Conditions nor, more generally, the provisions which, pursuant to the same Consumer Code, apply only to "consumers".
Contracts entered into with Società Agricola Forestale SS "LE COLLINE" through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.
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2. Choose and order the Products
The characteristics and price of the various products on sale on the Site (hereinafter the "Product" or "Products") are shown on the page relating to each Product.
To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions contained on the Site. After having read the General Conditions and the Privacy Policy, the Customer must add the Product to the "Cart ", enter the shipping and billing information, select the desired payment method and confirm the order.
By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares that he has read all the information provided during the purchase procedure and accepts these General and Payment Conditions in full.
The contract stipulated between Società Agricola Forestale SS "LE COLLINE" and the Customer must be considered concluded with the acceptance of the order by Società Agricola Forestale SS "LE COLLINE". This acceptance is communicated to the Customer via an order confirmation email, the order number, shipping and billing information, the list of Products ordered with their essential characteristics and the total price, including shipping costs. delivery. 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 by email (speranzaconti@gmail.com). After this term, the order will be processed for shipment and changes will no longer be accepted, without prejudice to the Customer's rights referred to in article 7 below.
Upon receipt of the order Società Agricola Forestale SS "LE COLLINE" reserves the right to verify the actual availability of the ordered products and, if only a few Products are not in stock, Made in Marche SAS will process the order with the available Products. In the event of one or more missing products, the information relating to the final charge or refund will be contained in the shipping confirmation email and will vary according to the payment method used.
3. Product Information
The information and characteristics relating to the Products are available 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, as they 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.
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4. Prices and shipments
Product prices are inclusive of all taxes and duties. All prices are expressed in Euros.
Shipping:
- For all of Italy, the shipping cost varies according to the total weight of the products ordered.
- You can choose to collect the order placed in the company. In this case there are no shipping costs. Through the contact channels, the Customer will agree with Società Agricola Forestale SS "LE COLLINE" for the date and time of the collection.
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5. Methods of payment and billing
5.1 Payment Methods
The Customer may pay the price of the Products and the related delivery costs by credit/debit card, bank transfer or cash (OFFLINE payment).
ONLINE PAYMENT: Credit/debit cards
Once the order has been confirmed, the Customer can make the payment using a card, even a prepaid one.
OFFLINE PAYMENT: cash, POS, bank transfer
In the event that the customer chooses the OFFLINE payment option and has chosen to collect the order in the company (point 4), he can make the payment in cash or by POS directly at the time of collection (after contact and agreement). Or you can pay by bank transfer (after contact and agreement - see the conditions relating to bank transfer below).
In the event that the customer chooses the OFFLINE payment option and does not intend to collect the order in the company (point 4), he can only pay by bank transfer. For this purpose, after having sent the order, the customer will be contacted by Società Agricola Forestale SS "LE COLLINE" via email, for the arrangements relating to the transfer (see below).
Conditions relating to the Bank Transfer
In the agreement email, Società Agricola Forestale SS "LE COLLINE" will inform the customer of its IBAN, to which the bank transfer will be sent. The latter must be made within 3 days from the date of the agreement email. If the payment does not occur within 3 days, the order will be canceled and the goods made available again for purchase by other customers.
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5.2 Billing 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.
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6. Transportation 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 fields relating to the shipping address.
All purchases will be delivered by express courier (hereinafter, the "Courier") from Monday to Friday, excluding holidays and national holidays. Società Agricola Forestale SS "LE COLLINE" is not responsible for unforeseeable or non-attributable delays.
Once the Products have been shipped, the Customer will receive a confirmation email which will include a link to refer to for tracking the shipment.
In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within a period of 15 (fifteen) working days starting from the day following that in which Società Agricola Forestale SS "LE COLLINE" confirmed the order to the Customer via order confirmation email.
Delivery services active in Italy:
The service includes 2 delivery attempts at the address indicated at the time of the order. A notice will be left after each step. On the second unsuccessful delivery attempt, the Courier will contact the recipient of the order by telephone at the telephone number indicated, to arrange delivery. If it is not traceable or is absent, the goods will return to the warehouse.
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7. 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 Società Agricola Forestale SS "LE COLLINE" a communication at any time before receiving the Products, or no later than 14 days from the date of receipt._cc781905-5cde-3194-bb3b- 136bad5cf58d_
This communication must be sent by registered letter with return receipt, addressed to: ca Ufficio Resi e Remborsi
Agricultural Forestry Society SS "LE COLLINE"
contrada Acquasalata 16,
62019 Tolentino (MC)
The Customer Service of Società Agricola Forestale SS "LE COLLINE" will, upon receipt of the communication, open a file 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 Società Agricola Forestry SS "LE COLLINE" itself.
The right of withdrawal is governed by the following conditions:
- I.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.
- II.In case of exercise of the right of withdrawal Società Agricola Forestale SS "LE COLLINE" 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 right of Società Agricola Forestale SS "LE COLLINE" to suspend 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. In the event of a bank transfer, it will be the Customer's responsibility to provide the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
- III.Also in order to be able to guarantee the free return pursuant to article 8 below, the Products must be returned in the same box in which they were received.
- IV. ATTENTION: 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;
- ordering Products that are liable to deteriorate or expire rapidly;
- order of sealed Products which do not lend themselves to being returned for hygienic 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 accepts that among the Products that "are likely to deteriorate or expire rapidly"all foodstuffs fall under, including wines, alcohol and beverages,as 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 Società Agricola Forestale SS "LE COLLINE" and put back on the market without endangering the health of consumers (such as for example gadgets, utensils such as glasses, corkscrews, etc.).
In cases of exclusion of the right of withdrawal, Società Agricola Forestale SS "LE COLLINE" will return the purchased Products to the Customer, charging the shipping costs to the same.
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8. Free return in case of exercising the right of withdrawal
As a more favorable condition for the Customer, Società Agricola Forestale SS "LE COLLINE" 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 7 and wait to be contacted by Società Agricola Forestale SS "LE COLLINE" to agree on the return of the Products to the courier.
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9. Cancellation or change of order shipping address
The Customer may cancel or request a change of shipping address for the order within 12 hours of placing the order; after this deadline, the order will be processed and it will no longer be possible to request cancellation or change of shipping address.
For cancellation or modification, the Customer must contact Customer Service by e-mail ("speranzaconti@gmail.com).
Società Agricola Forestale SS "LE COLLINE" reserves the right to cancel the order in the event of unforeseeable difficult situations, informing the Customer by email, or, subject to agreement with the same, reserves the right to change the day and/or or delivery time.
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10. Warranty and lack of conformity
In the event of lack of conformity of Products sold by Società Agricola Forestale SS "LE COLLINE", the Customer must immediately contact Customer Service using the email speraconti@gmail.com.
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.
In case of spoiled wine or that tastes like corkthe Customer is asked to keep the bottle with at least 2/3 of the contents and with the original cap, and to report the alleged non-compliance to Customer Service. Società Agricola Forestale SS "LE COLLINE" will intervene as soon as possible by arranging a free collection in order to carry out a thorough check and propose the most suitable solution.
The Customer forfeits these rights if he does not report the lack of conformity to Società Agricola Forestale SS "LE COLLINE" 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 term, in which case the defect must be reported within such shorter term.
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11. 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 Società Agricola Forestale SS "LE COLLINE" cannot be held responsible, except in cases of willful misconduct or gross negligence.
Società Agricola Forestale SS "LE COLLINE" 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 rights of the Customer in accordance with 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.
Società Agricola Forestale SS "LE COLLINE" promotes the responsible consumption of alcohol and excludes any responsibility against it, except for malice or gross negligence, in the case of purchases made by minors under 18 years of age. By purchasing any alcoholic product you declare that you are of age as per art. 7 of Legislative Decree 158/2012. Società Agricola Forestale SS "LE COLLINE" assumes no responsibility in the event of a purchase made by a minor under 18 who has declared that he is of a different age. The Customer's declaration of majority is collected through a special mandatory field, during the purchase completion phase, in which the user is asked to enter his or her Tax Code.
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12. Complaints
Any complaint must be forwarded to Società Agricola Forestale SS "LE COLLINE" by email "speranzaconti@gmail.com" or by registered letter with return receipt to the following address:
ca Complaints Office
Agricultural Forestry Society SS "LE COLLINE"
contrada Acquasalata 16,
62019 Tolentino (MC)
Società Agricola Forestale SS "LE COLLINE" undertakes to respond to all requests received within a maximum of 7 working days.
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13. Online resolution of consumer disputes (ADR and ODR)
ADR
According to article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 n. 206 (Consumer Code) the customer can make use of the Joint Conciliation procedure. The Procedure can be initiated if the consumer, after having presented a complaint to the company, within 45 days, has not received a response, or has received a response not considered satisfactory by him.
The customer who decides to make use of the Joint Conciliation procedure is obliged to send the request to the address: conciliazione@consorzionetcomm.it or to the fax number 02/87181126. For more information, see: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl
ODR
Pursuant to art. 14 of Regulation 524/2013, the user is informed that in the event of a dispute, he may file a complaint via the European Union ODR platform which can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform is an access point for users who wish to resolve disputes arising from online sales or service contracts out of court.
14. Applicable law and jurisdiction
The sales contract between the customer and the SS "LE COLLINE" agricultural forestry company 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 individual purchase orders, if the Customer is a consumer pursuant to the Consumer Code, the court of his municipality of residence will have exclusive jurisdiction of domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Macerata, any other competent court excluded.
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Pursuant to article 1341 of the Civil Code, the Customer declares to have read and to specifically accept the following articles of these General Conditions: 6 (liability for delays in delivery), 10 (right to correct errors - exclusions of liability).