The following General Conditions of Sale govern the offer and sale of products on the website www.dosiovigneti.com (Website).
The products purchased on the Website are offered and sold by SOCIETÀ AGRICOLA DOSIO VIGNETI S.R.L., registered office REGIONE SERRADENARI 6, 12064 LA MORRA (CN), TAX CODE/VAT NO. 03336520048, Cham.Com. Econ/Admin Register CN/282384, (hereinafter Dosio Vigneti Srl).
- SCOPE OF APPLICATION
1.1 The sale of products through the Website (Products) constitutes a distance contract governed by Section I, Heading III (arts. 45 et seq.) of Lgs.Decree no. 206, 6 September 2005, (Consumer Code) and by Lgs.Decree no. 70, 9 April 2003, setting out the regulations for electronic commerce.
1.2 The General Conditions of Sale may be amended at any time. Any amendments and/or new conditions shall take effect as from their publication on the Website. For this reason users are invited to visit the Website on a regular basis and, before making any purchases, to view the latest version of the General Conditions of Sale. The applicable General Conditions of Sale are those in force at the date on which the purchase order is sent.
1.3 These General Conditions of Sale do not govern the sale of products and/or the provision of services by parties other than Dosio Vigneti Srl that may be present on the Website via links, banners or other hyperlinks. Before conducting business transactions with such parties, their conditions of sale should be checked. Dosio Vigneti Srl is not responsible for the provision of services and/or the sale of products by such parties. Dosio Vigneti Srl does not conduct any checks and/or monitoring on the websites that may be accessed via such links. Dosio Vigneti Srl is therefore not responsible for the content of such websites nor for any errors and/or omissions and/or breaches of law by such websites.
- PURCHASES ON THE WEBSITE
2.1 With regard to Italian citizens, sales on the Website are made only to persons aged 18 or over. Purchasers who are not Italian citizens may purchase Products on the Website only if they have reached the age of majority under the law of their own countries. If there is no legislation on the question, the purchaser must be at least 21 years of age.
In all cases, a user making purchases on the Website undertakes to hold Dosio Vigneti Srl harmless against any liability in the event that they have made purchases on the Website in breach of their national laws governing age limits on purchases.
2.2 Dosio Vigneti Srl reserves the right to reject or to cancel orders placed (i) by a user with whom it has a current legal dispute; (ii) by a user who previously breached these General Conditions of Sale and/or the conditions and/or the terms of a purchase contract with Dosio Vigneti Srl; (iii) by a user who has been involved in fraud of any kind and, specifically, in fraud relating to credit card payments; (iv) by a user who has provided false, incomplete or otherwise inexact identifying data or who has not sent the documents requested by Dosio Vigneti Srl under these General Conditions of Sale to Dosio Vigneti Srl on a timely basis or who has sent invalid documents; (v) by a user who does not provide sufficient guarantees of solvency. In any case Dosio Vigneti Srl reserves the right to cancel orders relating to transactions that are not absolutely genuine.
2.3 With regard to purchases on the Website, the following may occur: that the purchase procedure contains one or more material errors: that the Product Datasheet, as defined below, contains incorrect information due to material errors (e.g.: the price of the Product); that due to a material error a Product is shown as available when it is not available during the preparation of the order. In these cases, or in similar cases, the user may request the cancellation of the order or, in agreement with Dosio Vigneti Srl, obtain a different Product, subject to any adjustment to the purchase cost.
- REGISTRATION ON THE WEBSITE
3.1 Only registered users may purchase Products on the Website.
3.2 Registration credentials must be employed only by the user and may not be transferred to third parties. The user undertakes to keep their credentials confidential and to ensure that no one has access to them, and also to inform Dosio Vigneti Srl without delay if they suspect that improper use is being made of their credentials and/or that they have been divulged. The user guarantees and warrants that the personal information provided during the Website registration procedure is complete and correct. The user agrees to indemnify Dosio Vigneti Srl against any liability, claim for damages and/or sanction arising from and/or in any way connected with a breach by the user of the rules governing registration on the Website or the storage of their registration credentials.
- INFORMATION CONCERNING COMPLETION OF THE CONTRACT
4.1 In compliance with Lgs.Decree no. 70, 9 April 2003, setting out provisions with regard to electronic commerce, Dosio Vigneti Srl hereby informs the user that:
- to complete the contract for the purchase of one or more Products on the Website, they must fill in an electronic order form and transmit it electronically to Dosio Vigneti Srl, by following the instructions that appear on the Website in each case and during the various stages of the purchase;
- the contract is completed when the order form reaches the Dosio Vigneti Srl server;
- The order form will be stored in the Dosio Vigneti Srl database for the time required to process the order and in any case as required by law. To access their order form, the user should consult their account.
- VALIDITY OF OFFERS AND PRICES
5.1 All Product prices are stated in Euro (€) and include Value Added Tax (“VAT”) unless otherwise specified. Any additional cost will be specified separately on the order form, before the user sends off the form.
5.2 Product prices may be changed by Dosio Vigneti Srl at any time, without notice, although the price charged to the user will be that shown on the information sheet illustrating the main characteristics of the Product(Product Datasheet) at the time the order was sent off. Account will not be taken of any price changes (increases or decreases) introduced after transmission of the order.
5.3 Products may be offered for sale on the Website at discounted prices. The full price indicated on the Website (Crossed Price), on which the discount applied by Dosio Vigneti Srl is computed, corresponds to the list price published on the Website.
- PURCHASE ORDERS – PRODUCT INFORMATION
6.1 Dosio Vigneti Srl will process the purchase order, and ship the purchased Product, only after receiving confirmation that payment of the total amount due, consisting of the purchase price, delivery costs, if applied, and any other additional costs, as shown on the order form (Total Amount Due), has been authorised. Should the Total Amount Due not be paid, that is, if completion of the payment is not confirmed, the purchase contract will be considered to be terminated pursuant to and for the purposes of art. 1456 Italian Civil Code.
6.2 The Products will continue to be the property of Dosio Vigneti Srl until the user has completed payment of the Total Amount Due. The risk of loss of or damage to Products for reasons not attributable to Dosio Vigneti Srl shall be transferred to the user when the user, or a third party designated by the user other than the carrier, takes material possession of the Products.
6.3 Each Product is accompanied by a Product Datasheet. The photographs and descriptions on the Website reproduce the characteristics of the Products as faithfully as possible. The photographs of the Product on the Product Datasheet may differ with respect to vintage and/or dimensions or to any supplementary products. These photographs must therefore be considered to be indicative, with a usage tolerance range. For the purposes of the purchase contract, the description of the Product contained in the order form transmitted by the user shall prevail.
6.4 All the Products contain sulphites, since the wine production process implies the presence of sulphites. It is possible however that other sulphites may be added during the wine production process; nevertheless, in some cases it is possible that a wine does not contain “added” sulphites.
6.5 The purchase of gift vouchers does not affect the payment threshold that, when exceeded, entitles the user to free delivery of the Products.
- PRODUCT AVAILABILITY
7.1 The products offered on the Website are limited in number. It is therefore possible, eventually due to simultaneous purchases of the same Product by multiple users, that the ordered Product is not available after placement of the purchase order.
7.2 In the event of unavailability of the ordered Product, without prejudice to the rights attributed to the user by law, specifically by Section XIV of Heading II of Book IV of the Italian Civil Code, the user will be promptly informed by e-mail or by telephone. The user will therefore be entitled to terminate the contract, pursuant to and for the purposes of art. 61, paras IV and V, of the Consumer Code. Should the user take up the right of termination ex art. 61, paras IV and V, of the Consumer Code or in all cases where payment of the Total Amount Due has already been made, Dosio Vigneti Srl will reimburse the amount without undue delay and, in any case, within a maximum term of 15 business days from the date of collection. The amount will usually be accredited to the means of payment employed by the user for the purchase or to another means agreed by the user and Dosio Vigneti Srl. Any delays in the crediting of the amount may depend on the bank, on the type of credit card or on the chosen payment solution.
7.3 In the case of orders for a number of Products (Multiple Order), should unavailability concern only some of the Products in the Multiple Order, without prejudice to the rights attributed to the user by law, specifically by Section XIV of Heading II of Book IV of the Italian Civil Code, and subject to application of art. 7.2, Dosio Vigneti Srl shall immediately inform the user by e-mail or by telephone. The user will therefore be entitled to terminate the contract, solely with respect to the unavailable Product/s, pursuant to and for the purposes of art. 61, paras IV and V, of the Consumer Code. Should the user take up the right of termination ex art. 61, paras IV and V, of the Consumer Code, with respect to the unavailable Products/s, or in all cases where payment of the Total Amount Due has already been made, Dosio Vigneti Srl will reimburse the amount due with respect to such Product/s, including delivery costs and any other additional amount due with specific regard to such Product/s (Partial Amount Due) without undue delay and, in any case, within a maximum term of 15 business days from the date of transmission of the order. The reimbursed amount will be notified to the user by e-mail or by telephone. The amount will be accredited to the means of payment employed by the user for the purchase or to another means agreed by the user and Dosio Vigneti. Any delays in the crediting of the amount may depend on the bank, on the type of credit card or on the chosen payment solution. Termination of the entire Multiple Order will be possible only in the event that the unavailable Products of the Multiple Order are of an evident and proven ancillary nature with respect to the available Products of the Multiple Order.
- DELIVERY OF PURCHASED PRODUCTS
8.1 The delivery costs due by the user with respect to a particular order are specified separately (in Eros and inclusive of VAT) during the purchase procedure, in the order summary and, in any case, before the user sends off the order. If a specific delivery term is not indicated, delivery shall in any case be made within thirty days from the date of completion of the contract.
8.2 The obligation to deliver is fulfilled upon transfer to the user of the material availability or in any case of control of the Products.
It is up to the user to check the conditions of the Product delivered to them or collected by them. Notwithstanding the transfer to the user of the risk of loss of or damage to the Products for reasons not attributable to Dosio Vigneti Srl when the user, or a third party designated by the user other than the carrier, takes material possession of the Products, the user is advised to check the number of Products received and that the packaging and the sealing materials are intact, not damaged or wet or otherwise altered, and is invited, in their own interest, to indicate on the carrier’s transport document any anomalies, accepting the package with RESERVATIONS (e.g., damaged package, wet package, sealing tape not a Dosio Vigneti Srl original). Receipt of the Products without reservations does not in fact enable the user to take action against the carrier and/or Dosio Vigneti Srl, in the event of loss of or damage to the Products, except in cases where the loss or damage are due to intent or gross negligence on the part of the carrier and with the exception of partial loss or damage not apparent at the time of delivery, provided that, in this case, the damage is reported as soon as it is known and within eight days of receipt. Should the package show obvious signs of tampering or alteration, the user is also advised to promptly inform the Dosio Vigneti Srl Customer Service. In all cases, the laws governing the right of withdrawal and legal guarantee of conformity apply.
8.3 The provisions of art. 61 of the Consumer Code apply in cases where the purchased Product is not delivered or is delivered after the delivery term indicated during the purchase procedure and in the order confirmation.
- METHOD OF PAYMENT
9.1 Payment of Products may be made with a credit card or through PayPal. Should it not be possible to use one of these methods of payment for a specific Product, this will be clearly indicated on the Website, at the latest at the beginning of the purchase procedure.
9.2 Payment with a credit card
9.2.1 Payment of Products may be made with a credit card directly through the Website.
9.2.2 In order to guarantee the security of payments made on the Website and prevent the possibility of fraud, Dosio Vigneti Srl reserves the right to ask the user, via e-mail, to send via e-mail a copy of both sides of their identity card, and, where the name of the person placing the order is different to the owner of the card, a copy of the identity card of the owner of the card. The document must be a currently valid document. The e-mail requesting the copy of the identity card will specify the date within which the document should reach Dosio Vigneti Srl. This date will in any case be not more than 5 business days from receipt of the request by the user. The order will be suspended pending receipt of the requested document. The user is required to send the requested documents within the date indicated.
9.2.3 Should Dosio Vigneti Srl not receive the documents within the date specified in its e-mail request, or receives documents that have expired or are not valid, the contract shall be deemed to be terminated pursuant to and for the purposes of art.1456 Italian Civil Code and Dosio Vigneti Srl shall be entitled to reserve the right to cancel the order, with consequent reimbursement of the Total Amount Due.
9.2.4 If Dosio Vigneti Srl receives valid documents within the date indicated in the e-mail as per art. 9.3.2 above, the terms of delivery shall begin from the date of receipt of said documents.
9.2.5 The confidential credit card data (card number, card owner, expiry date, security code) are encrypted and sent directly to the payment manager without transiting on the server used by Dosio Vigneti Srl. Consequently, Dosio Vigneti Srl never has access to and does not store the data of the credit card employed by the user to pay for the Products (this also applies in cases where the user decides to store the credit card data on the Website), with the exception of the name of the card owner.
9.3 Payment through PayPal
9.3.1 Products purchased on the Website may be paid for through PayPal. When the user selects the PayPal method of payment, they will be redirected to the www.paypal.it website where they will make the payment in accordance with the PayPal procedure and subject to the contractual terms and conditions agreed with PayPal. The data keyed in to the PayPal website will be processed directly by PayPal and will not be transmitted to or shared with Dosio Vigneti Srl. Dosio Vigneti Srl is therefore not in a position to know and to store in any way the data of the credit card linked to the user’s PayPal account or the data of any other payment instrument linked to the account.
9.3.2 When purchases are paid for through PayPal, the Total Amount Due will be charged to the user by PayPal on completion of the contract through the Website. In the event of termination of the purchase contract and in all other cases of reimbursement, for whatever reason, the reimbursement amount due to the user will be accredited to their PayPal account, unless otherwise agreed between the user and Dosio Vigneti Srl. The time taken for accreditation to the payment instrument linked to this account will depend exclusively on PayPal and the banking system. Once the accreditation order to this account has been placed, Dosio Vigneti Srl cannot be held liable for any delays or omissions in the accreditation to the user of the reimbursement amount, and the user must apply directly to PayPal to complain about any such delays or omissions.
- RIGHT OF WITHDRAWAL
10.1 The user who qualifies as a consumer has the right to withdraw from the contract arranged with Dosio Vigneti Srl without having to bear costs other than those indicated in this article and without having to indicate the reason for withdrawal, within fourteen (14) calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:
- for orders for a single Product, as 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;
- for a Multiple Order with separate deliveries, as 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 final Product;
- for orders relating to the delivery of a Product consisting of multiple batches or pieces, as 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 final batch or piece.
10.2 To exercise their right of withdrawal, the user must inform Dosio Vigneti Srl of their decision to withdraw, before the Withdrawal Period expires.
10.3 To exercise their right of withdrawal, the user must send an e-mail to firstname.lastname@example.org explicitly declaring their decision to withdraw from the contract (Declaration of Withdrawal). Since the onus of proof of exercise of the right of withdrawal before expiry of the Withdrawal Period lies with the user, it is in the user’s interest to keep a copy of the e-mail with the Declaration of Withdrawal sent to Dosio Vigneti Srl.
10.4 To return the Product, the user may employ a carrier of their own choosing with the return costs to be borne by the user: in this case, after exercising the right of withdrawal as indicated in this article, the user shall return the Product to Dosio Vigneti Srl, using a carrier of their own choosing and at their own expense, without undue delay and in any case within 14 calendar days from the date on which they informed Dosio Vigneti Srl of their decision to withdraw. The term is met if the user returns the Product before the expiry of the 14-day period. The Product must be suitably protected and packaged, and sent to the following address:
Dosio Vigneti S.R.L.
Regione Serradenari 6,
12064 La Morra (Cn)
Tel. +39 0173 50677
- SCOPE OF APPLICATION
The direct costs of returning the Product to Dosio Vigneti Srl are borne by the user. The return of the Product to Dosio Vigneti Srl is under the responsibility of the user.
Should the user have used a discount code to purchase the Product on which they have exercised the right of withdrawal, the reimbursement will be made only with respect to the sum of money actually spent by the user, and not also with respect to the value of the discount code.
10.5 If the user withdraws from the contract, Dosio Vigneti Srl will reimburse the Total Amount Due paid by the user for the Product without undue delay and in any case within 14 calendar days from the day on which Dosio Vigneti Srl receives the Products on which the user has withdrawn in the same conditions in which they were sold. Reimbursement will be made using the same method of payment as that employed by the user for the initial transaction or a different method agreed by the parties: in any case, the user will not incur any additional cost as a result of the reimbursement.
10.6 In the case of partial withdrawal, the amount of the delivery expenses to be reimbursed to the user following withdrawal will be calculated proportionately to the value of the returned Product.
10.7 The user is responsible solely for the decrease in the value of the items arising from handling of the Product other than that necessary to ensure certain recognition of the Product. The Product must be kept, handled and inspected with normal diligence and returned intact, complete in every part, with all the accessories still attached to the Product and intact and not manipulated, and with no signs of wear or soiling. Furthermore, withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories (that do not constitute separate Products) of the Product.
10.8 Should withdrawal not be exercised in compliance with the applicable regulations, it shall not lead to termination of the contract and consequently shall not give the right to any reimbursement. Dosio Vigneti Srl will advise the user accordingly by rejecting the withdrawal request. Should the Product have already reached Dosio Vigneti Srl, it will remain in the keeping of Dosio Vigneti Srl care for collection by the user at their own expense and under their own responsibility.
10.9 If the value of the Product on which withdrawal has been exercised has decreased due to handling other than that necessary for its clear identification, an amount equal to such decrease in value will be subtracted from the reimbursement amount. Dosio Vigneti Srl will inform the user of the circumstance and the resulting decrease in the reimbursement amount, and, should the reimbursement already have been made, it will provide the user with its bank details to enable the user to pay the amount due as a result of the decrease in the value of the Product.
10.10 In the event that one of the hypotheses envisaged by law applies and the right of withdrawal is excluded, this exclusion will be specifically disclosed in the Product Datasheet and in any case during the purchase procedure, before the user sends off the order. The user is reminded that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded in cases where the sale concerns:
(i) products that are made to measure or clearly personalised;
(ii) sealed products that cannot be returned for reasons of hygiene or relating to protection of health, that have been opened after delivery.
11.1 By placing an order on the Website, the user consents to receipt of the invoice, if requested, only in electronic format. The invoice may be printed and filed as an original in accordance with Ministerial Circular 45/E, 19/10/2005. The invoice will be issued with the information provided for the purpose by the user, which the user declares and warrants to be true, undertaking to indemnify and hold Dosio Vigneti Srl harmless against any claims, including sanctions issued by the relevant authorities, that may be made against it should the information in question not be true.
11.2 Photographs, texts, descriptions and all other content on the Website are the property of Dosio Vigneti Srl. The reproduction in whole or in part of any part of the Website is forbidden; the reproduction of texts or photographs for any purpose and in any form and otherwise without prior written authorisation from Dosio Vigneti Srl is also forbidden.
11.3 Dosio Vigneti Srl is not liable for any damages suffered by the user or by third parties or to property of the user or third parties as a result of delivery delays or connected with the use of the Product.
- LEGAL GUARANTEE OF CONFORMITY
All the Products sold on the Website are covered by the Legal Guarantee of Conformity envisaged by arts. 128-135 of Lgs.Decree no. 128-135 of the Consumer Code (Legal Guarantee). The Legal Guarantee is reserved for consumers. Consequently, it applies only to users who make purchases on the Website for purposes unrelated to any business, commercial, artisanal or professional activity they may conduct. For customers who make purchases on the Website and who are not consumers the guarantees for flaws in the purchased object, for defects in promised and essential features and the other guarantees envisaged by the Italian Civil Code shall apply, in accordance with the related terms, disqualifications and limitations.
- APPLICABLE LAW AND PLACE OF JURISDICTION; OUT-OF-COURT SETTLEMENT OF DISPUTES – ALTERNATIVE DISPUTE RESOLUTION / ON-LINE DISPUTE RESOLUTION
13.1 The contracts arranged between the Website users and Dosio Vigneti Srl are governed by Italian law. For consumers whose habitual residence is not in Italy, application shall be made of regulations that may be more favourable and binding envisaged by the law of the country of which they are habitual residents, specifically with regard to the term for exercise of the right of withdrawal, to the term for the return of Products should said right be exercised, to the procedures and formalities for notification of exercise of said right and to the legal guarantee of conformity.
13.2 Pursuant to art. 141-sexies, para 3 of Lgs.Decree no. 206, 6 September 2005 (Consumer Code), Dosio Vigneti Srl informs the user who qualifies as a consumer in accordance with art. 3, para 1(a) of the Consumer Code that, should they have lodged a complaint with Dosio Vigneti Srl, following which it was not possible to reach a negotiated solution, Dosio Vigneti Srl will provide the information with regard to the Alternative Dispute Resolution bodies for out-of-court settlement of disputes over the obligations arising from a contract arranged on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in arts. 141-bis et seq. of the Consumer Code).
Dosio Vigneti Srl also informs the user who qualifies as a consumer in accordance with art. 3, para 1(a) of the Consumer Code that a European platform has been set up for on-line resolution of consumer disputes (so-called ODR platform). The ODR platform may be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the user-consumer may view the list of ADR bodies, find a link to the website of each ADR body and initiate an on-line procedure for the resolution of the dispute in which they are involved.
This is without prejudice to the right of the consumer to apply to the ordinary court with jurisdiction for the dispute arising from these General Conditions of Sale.
13.3 Furthermore, the user who resides in a European Union member state other than Italy may, for any dispute over the application, execution and interpretation of these General Conditions of Sale, access the European procedure for the resolution of small claims established by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute, excluding interest, rights and expenses, does not exceed 2,000.00 Euro. The text of the regulation is available on the website www.eur-lex.europa.eu.
- CUSTOMER SERVICE AND COMPLAINTS
14.1 It is possible to request information, send communications, request assistance and forward complaints by contacting the Customer Service as follows:
- Telephone: +39 0173 50677 (Monday to Friday: 9:00-12:00 and 14:30-17:00)
- Email: email@example.com
14.2 Dosio Vigneti Srl will reply promptly to complaints and in any case within five business days from receipt of complaints.