General Terms and Conditions of Sale
Updated 01 August 2018
The following General Terms and Conditions of Sale govern the offer and sale of products on this website www.futura-agricola15.it.
The products purchased on the Site are offered and sold by Futura 14 srl, registered office Viale Mazzini 132 (00195) Rome, capital stock 10,000 euro i.v., VAT 12727931003, henceforth called Vespa Vignaioli.
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 et seq.) of Legislative Decree no. 206 of 6 September 2005 (Consumer Code) and Legislative Decree no. 70 of 9 April 2003, containing the rules of electronic commerce.
1.2 The General Conditions of Sale may be modified at any time. Any changes and/or new conditions will be in force from the time of their publication on the Site. For this reason, users are invited to regularly access the Site 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.
1.3 These General Conditions of Sale do not regulate the sale of products and/or the provision of services by parties other than Vespa Vignaioli that are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with such subjects it is necessary to verify their conditions of sale. Vespa Vignaioli is not responsible for the provision of services and/or the sale of products by such parties. On the websites that can be consulted through these links Vespa Vignaioli does not carry out any control and/or monitoring. Vespa Vignaioli is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of law by the same.
2. PURCHASES ON THE SITE
2.1 With reference to Italian citizens, sales on the Site are reserved only to those who have reached the age of 18. Purchasers who are not Italian citizens may purchase Products on the Site only if they are over 18 years of age according to their national law. If there is no legislation in this regard, you must be at least 21 years of age.
In any case, the user who makes purchases on the Site undertakes to indemnify Vespa Vignaioli from any liability in the event that it has made purchases on the Site without complying with its national law in terms of purchase limits for reasons of age.
2.2 Vespa Vignaioli reserves the right to refuse or cancel orders that come (i) from a user with whom Vespa Vignaioli has a legal dispute; (ii) from a user who has previously violated these General Conditions of Sale and/or the conditions and/or terms of a purchase contract with Vespa Vignaioli; (iii) from a user who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments; (iv) by users who have issued false, incomplete or otherwise inaccurate identification data or who have not promptly sent to Vespa Vignaioli the documents required by the same under 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 Vespa Vignaioli 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 may happen that: the purchase process contains one or more material errors; the Product Sheet, as defined below, contains incorrect information due to material errors (e.g.: the price of the Product); due to material error a Product is indicated as available and instead it is not in the order preparation phase. In these cases, or in similar cases, the user may request the cancellation of the order or obtain, in agreement with Vespa Vignaioli, a different Product, subject to any adjustment for the purchase cost.
3. REGISTRATION TO THE SITE
3.1 The purchase of Products on the Site is allowed only to registered users.
3.2 Registration credentials must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to make sure that no one has access to them, and to inform Vespa Vignaioli without delay in case of suspected misuse and/or disclosure of the same. The user guarantees that the personal information provided during the registration procedure to the Site is complete and truthful. The user agrees to hold Vespa Vignaioli harmless from any damage, obligation to pay compensation and / or sanction arising from and / or in any way related to the violation by the user of the rules on registration to the Site or the retention of registration credentials.
4. INFORMATION AIMED AT THE CONCLUSION OF THE CONTRACT
4.1 In accordance with Legislative Decree no. 70 of 9 April 2003, containing provisions on electronic commerce, Vespa Vignaioli informs the user that:
– in order to conclude the contract for the purchase of one or more Products on the Site, the user must fill in an electronic order form and send it to Vespa Vignaioli, electronically, following the instructions that will appear from time to time on the Site and that will accompany the different phases of the purchase;
– the contract is concluded when the order form reaches Vespa Vignaioli’s server;
– the order form will be filed in the Vespa Vignaioli database for the time necessary to process the order and, in any case, within the terms of the law. To access your order form the user can consult your account.
5. VALIDITY OF OFFERS AND PRICES
5.1 All prices of the Products are expressed in Euro (€) and are inclusive of Value Added Tax (“VAT”), unless otherwise stated. Any additional cost will be expressly and separately indicated in the order form, before the user submits it.
5.2 The price of the Products may be modified by Vespa Vignaioli at any time, without prior notice, it being understood that the price charged to the user will be that published on the information sheet that illustrates the main characteristics of the Product (Product Sheet) at the time the order is sent. No account will be taken of any changes (up or down) in price after the order has been sent.
5.3 Products may be offered for sale at discounted prices on the Site. The full price indicated on the Site (Barred Price) and from which the discount that Vespa Vignaioli applies is calculated corresponds to the list price published on the Site.
6. PURCHASE ORDERS – PRODUCT INFORMATION
6.1 Vespa Vignaioli will process the purchase order, and then will ship the purchased Product, with the exception of orders for which the Customer has chosen “cash to courier” as method of payment, only after receiving confirmation of authorization to pay the total amount due, consisting of the purchase price, delivery charges, if applied, and any other additional costs, as indicated in the order form (Total Amount Due). In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract shall therefore be considered terminated by right pursuant to and for the purposes of Article 1456 of the Italian Civil Code.
6.2 The Products shall remain the property of Vespa Vignaioli until payment of the Total Amount Due has been made by the user. The risk of loss or damage to the Products, for reasons not attributable to Vespa Vignaioli, instead, will be transferred to the user when the user, or a third party designated by the same and different from the carrier, materially comes into possession of the Products.
6.3 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce as faithfully as possible the characteristics of the Products. The images of the Product in the Product Data Sheet may also differ in terms of vintage and/or size or in relation to any accessory products. Such images must therefore be understood as indicative and with tolerances for use. For the purposes of the purchase contract, the description of the Product contained in the order form submitted by the user will be considered as valid.
6.4 All Products contain sulphites, as the wine production process itself implies the presence of sulphites in the wine. 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.
6.5 The purchase of gift vouchers does not affect the payment threshold which, once exceeded, gives the user the right to obtain free shipping of the Products.
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 ordered Product, 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 telephone. The user will, therefore, be entitled to terminate the contract, pursuant to and for the effects of the provisions of Article 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 been made, Vespa Vignaioli will refund this amount without undue delay and, in any case, within 15 working days from the date of collection. This amount will normally be credited to the same means of payment used by the user for the purchase or the different means agreed between the user and Vespa Vignaioli. Any delays in crediting may depend on the bank, credit card type or payment solution used.
7.3 In the case of orders involving a number of Products (Multiple Order), if the unavailability concerns only some Products that are the subject of 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 Italian Civil Code, and without prejudice to the application of art. 7.2, Vespa Vignaioli will immediately inform the user by e-mail or telephone. The user will, therefore, be entitled to terminate the contract, limited to the Product(s) become unavailable, pursuant to and for the purposes of the provisions of Article 61, IV and V paragraph, of the Consumer Code. In the event that the user avails himself of the right of termination referred to in art. 61, IV and V paragraph, of the Consumer Code, in relation to the Product(s) become unavailable or in any case in which the payment of the Total Amount Due has already been made, Vespa Vignaioli will refund the amount due in relation to such Product(s), including delivery costs and any other additional costs due in relation specifically to such Product(s) (Partial Amount Due) without undue delay and, in any case, within a maximum of 15 working days from the sending of the order. The amount of the refund will be communicated to you by e-mail or telephone. This amount will be credited to the same means of payment used by the user for the purchase or by any means agreed between the parties. Any delays in crediting may depend on the bank, credit card type or payment solution used. The termination of the entire Multiple Order will be possible only in the case of obvious and proven accessories of the Products subject to the Multiple Order that have become unavailable compared to the other available Products subject to the Multiple Order.
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 Euro and including VAT) during the purchase process, in the order summary and, in any case, before the user transmits the same. In the case of failure to indicate a specific delivery term, it will, in any case, take place 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 the control of the Products to the user.
It is up to the user to check the conditions of the Product delivered to him/her. Without prejudice to the fact that the risk of loss or damage of the Products, for reasons not attributable to Vespa Vignaioli is transferred to the user when the user, or a third party designated by the same and different from the carrier, materially comes into possession of the Product, the user is recommended to verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials and we invite him, in his interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with RESERVE. The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier and / or Vespa Vignaioli, in case of loss or damage to the Products, unless the loss or damage is due to intent or gross negligence of the courier and except for partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as known and no later than eight days after receipt. In the event that the packaging shows obvious signs of tampering or alteration, it is also recommended that the user give prompt notice to Vespa Vignaioli Customer Service. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains unchanged.
8.3 The provisions of art. 61 of the Consumer Code apply 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 Payment for the Products may be made by credit card, PayPal, cash on delivery or bank transfer. In the event that one of these payment means/solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase procedure.
9.2 Payment by credit or debit card
9.2.1 Payment for the Products may be made by credit or debit card directly through the Site.
9.2.2 In order to guarantee the security of payments made on the Site and to prevent possible frauds, Vespa Vignaioli reserves the right to ask the user, by e-mail, to send, by the same means, a double-sided copy of his/her identity card and, if the holder of the order is different from the holder of the card, of the latter’s identity card. The document must be valid. The e-mail request will specify the deadline by which the document must be received by Vespa Vignaioli. This deadline will not, in any case, exceed 5 working days from receipt of the request by the user. Pending receipt of the requested document, the order will be suspended. The user is required to send the requested documents within the indicated deadline.
9.2.3 In the event that Vespa Vignaioli does not receive these documents within the deadline specified in the request e-mail or receives expired or invalid documents, the contract shall be considered terminated by right pursuant to and for the purposes of art. 1456 c.c. and Vespa Vignaioli may reserve the right to cancel the order, with consequent refund of the Total Amount Due.
9.2.4 In the case of receipt by Vespa Vignaioli of valid documentation within the term indicated in the e-mail referred to in art. 9.3.2 above, the delivery terms will start from the date of receipt of the same.
9.2.5 Confidential credit card details (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by Vespa Vignaioli. Vespa Vignaioli therefore never has access to and does not store the data of the credit card used by the user for the payment of the Products (even if the user has decided to store the credit card data on the Site), with the exception of the name of the credit card holder.
9.3 Payment by PayPal payment solution
9.3.1 The payment of the Products purchased on the Site can be made through the PayPal payment solution. If the user chooses PayPal as the payment method, he or she will be redirected to the site www.paypal.it where he or she will pay for the Products according to the procedure provided for and regulated by PayPal and the terms and conditions of contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by the same and will not be transmitted or shared with Vespa Vignaioli. The latter is therefore not able to know and does not store in any way the data of the credit card connected to the user’s PayPal account or the data of any other payment instrument connected to such account.
9.3.2 In the case of payment by PayPal, the Total Amount Due will be charged by PayPal to the user at the same time as the conclusion of the contract through the Site. In case of termination of the purchase contract and in any other case of refund, for any reason, the amount of the refund due to the user will be credited to the user’s PayPal account, unless otherwise agreed between the User and Vespa Vignaioli. The time of crediting the payment instrument connected to this account depends exclusively on PayPal and the banking system. Once the order to credit the account, Vespa Vignaioli can not be held responsible for any delays or omissions in crediting the user with the refund amount, to dispute which the user must contact PayPal directly.
9.4 Cash on delivery
9.4.1 In the case of cash on delivery, the user must have the Total Amount Due in cash at the time of delivery. The courier is not authorized to accept cheques. In the event that, for any reason, the customer who has chosen cash on delivery as the means of payment should be entitled to a refund, Vespa Vignaioli will agree with the user by e-mail or telephone how to make such refund.
9.5 Bank transfer
9.5.1 If the user decides to pay by bank transfer, the order will be shipped as soon as Vespa Vignaioli has received the credit of the amount related to the order.
10. RIGHT OF WITHDRAWAL
10.1 The user who is a consumer has the right to withdraw from the contract concluded with Vespa Vignaioli without incurring 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:
1. a) in the case of an order for a single Product, from the day you or a third party other than the carrier and designated by you acquire physical possession of the Product;
2. b) in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product;
3. c) in the case of an Order for 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 Vespa Vignaioli of its 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 firstname.lastname@example.org 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 Vespa Vignaioli with the Declaration of Withdrawal.
10.4 For the return of the Product, the user may use a carrier of his own choice with return costs borne by the user: in this case, the user, after exercising the right of withdrawal in the manner indicated in this article, must return the Product to Vespa Vignaioli, using a carrier of his own choice and at his own expense, without undue delay and in any case within 14 calendar days from the date on which he notified Vespa Vignaioli of his decision to withdraw. The deadline is respected if the user returns the Product before the expiry of the fourteen day period. The Product, properly protected and packaged, must be sent to the following address:
FUTURA 14 SRL
Via San Pietro 156 – 72020 Cellino San Marco (BR)
Tel. +39 0831619147, Hours: 8:30-12:30 14:00-16:30
The direct costs of returning the Product to Vespa Vignaioli are the responsibility of the user. The return of the Product to Vespa Vignaioli is the responsibility of the user.
If the user has used a discount code for the purchase of 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 also with regard to the value of the discount code.
10.5 If the user withdraws from the contract, Vespa Vignaioli 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 in which Vespa Vignaioli received the Products subject to withdrawal in the same conditions in which they were sold. The refund will be made using the same means of payment used by the user for the initial transaction or the different means agreed between the parties; in any case, the user will not incur any additional cost as a consequence of such refund.
10.6 In the case 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 only liable for the decrease in 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 stored, handled and inspected with normal diligence and returned intact, complete in all its parts, accompanied by all accessories present, still attached to the Product and intact and not tampered with, as well as free of signs of wear or dirt. The withdrawal, moreover, applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories (which do not constitute autonomous Products) of the Product.
10.8 If the withdrawal has not been exercised in accordance with the applicable legislation, it will not result in the termination of the contract and, consequently, will not give right to any refund. Vespa Vignaioli will inform the user, rejecting the request for withdrawal. The Product, if already received by Vespa Vignaioli, will remain at Vespa Vignaioli at the user’s disposal for the withdrawal, 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 manipulation of the goods other than that necessary to clearly identify the same, the refund amount will be reduced by an amount equal to this decrease in value. Vespa Vignaioli will inform the user of the circumstance and the resulting reduced amount of reimbursement Vespa Vignaioli will inform the user, providing the same, if the reimbursement has already been paid, the bank details for the payment of the amount due by the user because of the decrease in value of the Product.
10.10 In the event that, in one of the hypothesis of law, the right of withdrawal does not apply, this exclusion will be given specific and express notice in the Product Sheet and, in any case, during the purchase process, before the user proceeds to transmit 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, if the sale has as its object:
(i) products made to measure or clearly personalized;
(ii) sealed products that are not suitable to be returned for hygienic or health protection reasons, which have been opened after delivery.
11.1 By placing an order on the Site, you consent to receive the invoice, if requested, only in electronic format. The invoice may be printed and filed as original in accordance with Ministerial Circular 45/E, 19/10/2005. For the issuance of the invoice, the information provided by the user, which he declares and guarantees to be true, will be used as evidence, and he is obliged to hold Vespa Vignaioli harmless and indemnified from any damage, including penalties issued by the competent authorities, that may arise in case of failure to comply with the truth of the same.
11.2 Vespa Vignaioli is a registered trademark. Photos, texts, descriptions and everything contained in the Site are the property of Futura 14 srl. It is forbidden to reproduce all or part of any part of the Site; it is also forbidden to reproduce texts or photos for any use and in any form and in any case without the prior written authorisation of Futura 14 srl.
11.3 Vespa Vignaioli 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 GUARANTEE OF CONFORMITY
All Products sold on the Site are covered by the Legal Warranty of Conformity provided for by articles 128-135 of Legislative Decree no. 128-135 of the Consumer Code (Legal Warranty). The Legal Warranty is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any business, commercial, craft or professional activity. To those who have purchased on the Site and who do not qualify as consumers will be applied the guarantee for defects in the thing sold, the guarantee for defects in quality promised and essential and other guarantees provided by the Civil Code with its terms, forfeiture 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 users of the Site and Vespa Vignaioli are governed by Italian law. It is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favourable 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 the exercise of the right of withdrawal, the deadline for the return of the Products, in case of exercise of this right, the methods and formalities of communication of the same and the legal guarantee of conformity.
13.2 Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree no. 206 of 6 September 2005 (Consumers’ Code), Vespa Vignaioli informs the user who qualifies as a consumer under Article 3, paragraph 1, letter. a) of the Consumer Code, which, in the event that he has submitted a complaint to Vespa Vignaioli, as a result of which it was not possible to find a negotiated solution, Vespa Vignaioli will provide information about the Alternative Dispute Resolution bodies for the out-of-court settlement of disputes relating to the obligations arising from a contract concluded under these General Conditions of Sale (so-called ADR bodies, as indicated in Articles 141-bis et seq. Consumer Code).
Vespa Vignaioli also informs the user who qualifies as a consumer under Article 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user will be able to consult the list of ADR entities, find the link to the website of each of them and start an online dispute resolution procedure in which he is involved.
It is without prejudice to the consumer’s right to appeal to the ordinary court of competent jurisdiction in the dispute arising from these General Conditions of Sale.
13.3 The user residing in a member state of the European Union other than Italy, may also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims, by Council Regulation (EC) no. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the Regulation can be found at www.eur-lex.europa.eu.
14. CUSTOMER SERVICE AND COMPLAINTS
14.1 It is possible to request information, send communications, request assistance or forward complaints by contacting Customer Service in the following ways:
– Telephone: +39 0637514609 (from 09.00 to 18.00 Saturday, Sunday and holidays excluded)
– Email: email@example.com
14.2 Vespa Vignaioli will respond promptly to complaints made, in any case within five working days of receipt.