E-commerce Disclaimer

E-COMMERCE DISCLAIMER: Preliminary provisions 1.1 These General Conditions of Sale govern the sale of the Products (as defined below) on the website www.cantinetenutamariani.it (hereinafter the “Site”) by Cantine Tenuta Mariani di Ido Mariani, with registered office in Massacciuccoli (LU), Via Pietra a Padule n. 1881, tax code: MRNDIO69L02E715D VAT number: 02259360465 (hereinafter, Cantine Tenuta Mariani) 1.2 Before making a purchase through the Site, we invite you to read these General Conditions of Sale in full and to take note of the Information on the Processing of Personal Data 2. Who can buy – Buyers 2.1 The Products are offered for sale exclusively to final consumers, meaning natural persons acting for purposes not related to any commercial, entrepreneurial or professional activity they may carry out (hereinafter the "Buyer" or the "Buyers"). 3. Product information, presentation and price. 3.1 The products available on the Site are alcoholic beverages. All information on the essential characteristics of the Products is provided next to the image of each Product. 3.2 The images of the Products offered for sale on the Site may not be displayed correctly by the Buyer and may therefore not correspond exactly to those uploaded to the Site, due to the effects created by the Internet browser or monitor used by the Buyer. 3.3 Product prices are in euros and include Value Added Tax (VAT). Prices do not include shipping costs, which will be calculated and charged to the Buyer upon finalization of the purchase. 4. How to buy 4.1 To conclude a purchase contract for one or more Products on the Site, the Buyer must access the Site and, after selecting the Product or Products they wish to purchase, must complete and electronically send to CANTINE TENUTA MARIANI a purchase order for the selected Products, indicating the Product or Products they wish to purchase, the payment method chosen from those available, and the personal data required to process the order (hereinafter the "Purchase Order"). For further information on how to prepare a Purchase Order, please visit the contact section. 4.2 The Purchase Order consists of a web page on which the Buyer must provide certain personal information (name, surname, shipping address, payment information). Before submitting the request to purchase the Products, by transmitting and confirming the Purchase Order electronically, the Buyer will be asked to carefully read the information contained therein, in order to (a) correct any errors or omissions, (b) print or save a copy of the Purchase Order, (c) add, modify, or delete items in the shopping cart. After this verification, the Buyer may confirm the Purchase Order by clicking the "Pay Now" button. Until this button is pressed and the Purchase Order is confirmed, the Buyer is free not to complete the Purchase Order or to modify it, for example by deleting certain Products from the cart. In order to complete the purchase of the Products it will also be necessary to: (I) read and accept these General Conditions of Sale and (II) read the information relating to the processing of personal data. 4.3 The Purchase Order will be transmitted to the CANTINE TENUTA MARIANI database for the period of time necessary to process the Purchase Order, verify payment, deliver the Product, and generally fulfill the order, in accordance with the law. 4.4 The Product purchase contract is concluded when CANTINE TENUTA MARIANI receives and accepts the Purchase Order electronically, after verifying the accuracy of the data entered. CANTINE TENUTA MARIANI may not process Purchase Orders (a) that are incomplete, incorrect, or inaccurate and/or (b) in the event of even temporary unavailability of the Products. In these cases, CANTINE TENUTA MARIANI will promptly inform the Buyer [and in any case within 30 (thirty) days from the day following the day on which CANTINE TENUTA MARIANI receives the Purchase Order] by email to the address indicated by the Buyer in the Purchase Order (unless the address in question is incorrect), specifying the reasons. In the event that the Buyer has already paid the price of the Product and the shipping costs, the corresponding amount will be refunded (in the manner specified in the following Article 5). 4.5 If CANTINE TENUTA MARIANI intends to conclude the contract, it will send the buyer, by email, a Purchase Order Confirmation containing a summary of the information already contained in the Purchase Order and the General Conditions of Sale, including the information required by art. 53 of Legislative Decree no. 206 of 6 September 2005 and art. 13 of Legislative Decree no. 70 of 9 April 2003. 5. Payment 5.1 When sending the Purchase Order, the Buyer will be asked to choose one of the following payment methods for the Products: a) Visa, Visa Electron, and Mastercard credit and prepaid cards. For payments made by credit card (Visa, Visa Electron, and Mastercard), the Buyer's financial information (for example, the card number or expiration date) will be sent, via encrypted protocol, to PayPal, without third parties having access to it. Furthermore, this information will be used by CANTINE TENUTA MARIANI solely and exclusively to complete the procedures relating to the Buyer's purchase and to issue refunds in the event of any Product returns, following the Buyer's exercise of the right of withdrawal, or when it is necessary to prevent or report to the police any fraud or crimes related to the Site. The price for the purchase of the Products and shipping costs, as indicated in the Purchase Order, will be charged to the Buyer's current account after CANTINE TENUTA MARIANI has processed the Purchase Order. The Purchase Order will be processed by CANTINE TENUTA MARIANI within 2 (two) days of receipt. b) Bank transfer. For payments by bank transfer, the purchase order will be processed when the amount is credited to CANTINE TENUTA MARIANI's bank account. 6. Delivery 6.1 The Products will be shipped to the address indicated in the Purchase Order only after the Purchase Order has been duly registered and provided that the price has been paid. Except as indicated in the previous Article 4.4, the Products will be shipped no later than 30 (thirty) days from the day following receipt of the Purchase Order by CANTINE TENUTA MARIANI. Once CANTINE TENUTA MARIANI has delivered the Products to the carrier, a confirmation email will be sent to the Buyer with the tracking number. The shipping costs to be paid by the Buyer, if applicable, will be those indicated in the appropriate field within the Purchase Order in the amount indicated in Article 3.3. 6.2 The Products will be shipped by CANTINE TENUTA MARIANI to the Buyer via couriers operated by carriers that are completely independent of CANTINE TENUTA MARIANI. Any delivery times indicated to the Buyer at the time of purchase are to be considered indicative, without prejudice to the provisions of clause 6.1 above regarding the 30 (thirty) day deadline from receipt of the Purchase Order for shipment of the product by CANTINE TENUTA MARIANI. Except in cases of willful misconduct or gross negligence, CANTINE TENUTA MARIANI will not be liable in any way for any delivery delays due to the carriers' liability or to causes not attributable to it. 7. Product warranty 7.1 The Products available on the Site are guaranteed, pursuant to the law, for defects of conformity which become apparent within 3 (three) days of delivery. 7.2 To exercise the right relating to the guarantee of the purchased Products, the Buyer must contact CANTINE TENUTA MARIANI through the contact section of the Site or the email address info@cantinetenutamariani.it, specifying the nature of the request, and will be contacted shortly by CANTINE TENUTA MARIANI, who will verify the request. 7.3 The warranty does not apply if the Product has been damaged, even accidentally, due to the negligence of persons other than CANTINE TENUTA MARIANI and by tampering not authorised by CANTINE TENUTA MARIANI by the Buyer or third parties. 7.4 It is understood that the Buyer will not be charged any costs for exercising the right to the legal guarantee relating to the Products purchased. 8. Right of withdrawal 8.1 The Buyer has the right to withdraw from the contract concluded with CANTINE TENUTA MARIANI, without any penalty and without specifying the reason, within 10 (ten) working days from the day on which the Products purchased on the Site are delivered. 8.2 To exercise the right of withdrawal from the contract, the Buyer must: (a) completely complete the "Returns Form" available on the Website at this link, and (b) send it by registered letter with acknowledgement of receipt to CANTINE TENUTA MARIANI di Ido Mariani, with registered office in Massaciuccoli (LU), Via Pietra a Padule n. 1881, together with the purchase invoice. The Buyer will ensure that the product is returned in its original condition, i.e., not tampered with or damaged. 8.3 In the event of withdrawal, the Buyer will only be responsible for the direct costs of returning the Products and will be liable for any loss or damage to the Products. In addition to the above, the right of withdrawal will be deemed to have been exercised correctly if the Product is returned in a substantially intact condition. 8.4 Upon receipt of the returned Products, CANTINE TENUTA MARIANI will promptly verify compliance with the terms and conditions of withdrawal described in this Article 8, communicating the outcome to the Buyer by email. If the right of withdrawal has been correctly exercised by the Buyer, CANTINE TENUTA MARIANI will send confirmation of acceptance of the Products. CANTINE TENUTA MARIANI will activate the refund procedures pursuant to the following Article 9. 8.5 If CANTINE TENUTA MARIANI finds that even one of the conditions for exercising the right of withdrawal, as specified in this Article 8, has not been met, it will notify the Buyer by email of the forfeiture of the right of withdrawal and the right to a refund of the sums already paid; in this case, the Products will be automatically returned to the Buyer, at the Buyer's expense, in the condition in which they were returned to CANTINE TENUTA MARIANI. 9. Refund of sums paid 9.1 Whatever the payment method used by the Buyer, the refund procedure is activated by CANTINE TENUTA MARIANI as quickly as possible and in any case within 30 (thirty) days from the date on which CANTINE TENUTA MARIANI became aware of the exercise of the right of withdrawal, after verifying the correct execution of the procedure and acceptance of the returned Products. 9.2 If there is no correspondence between the Purchaser of the Products indicated in the Purchase Order and the person who made the payment of the sums due for their purchase, in the event of exercising the right of withdrawal, CANTINE TENUTA MARIANI will refund the sums paid exclusively to the person who made the payment: in this case, CANTINE TENUTA MARIANI will in any case be released. 10. Complaints Any complaints may be sent to CANTINE TENUTA MARIANI di Ido Mariani, with headquarters in Massaciuccoli (LU), Via Pietra a Padule n. 1881, or by email to info@cantinetenutamariani.it, with the subject line "complaint." 11. Force majeure Except in cases of willful misconduct or gross negligence, CANTINE TENUTA MARIANI will not be liable, will be released from any contractual obligation to perform or deliver and will not be required to pay any compensation or indemnity in the event of failure to fulfill its obligations due to causes not attributable to CANTINE TENUTA MARIANI or to events of force majeure, such as, by way of example only, riots, insurrections, pandemics, social unrest, telephone or computer failures or serious damage to the security and operation of the internet, strikes and impossibility of supply (even temporary) of Products and materials. 12. Protection of personal data For information on the processing of the Buyer's personal data, please carefully read the information on the processing of personal data published on this Site. 13. Dispute Resolution 13.1 These general terms and conditions are governed by Italian law, including the provisions of Legislative Decree no. 206 of 6 September 2005, and, in particular, the legislation governing distance contracts (Articles 50 to 68), as well as the provisions of Legislative Decree no. 70 of 9 April 2003 on electronic commerce. 13.2 The Buyer is in any case free to appeal to the competent court at his/her residence or domicile. 14. Customer Service For any information regarding the purchase of products through the Site or the guarantee, withdrawal or other, the Buyer may contact the CANTINE TENUTA MARIANI Customer Service by email at info@cantinetenutamariani.it or directly on WhatsApp by clicking the appropriate button superimposed on the website.