RIGHT OF WITHDRAWAL DOCUMENT:
Pursuant to art. 49 Legislative Decree No. 206 of 6 September 2005 – Consumer Code The pre-contract information described below is an integral part of ‘online sales contracts for the products’ which the supplier undertakes to conclude through its distance selling system from its website (https://shop.fiorottowine.it); the information cannot be amended unless specific agreement is reached with the customer.
1) Supplier Identification
Società Agricola Vittoria SS di Fiorotto Daniele & C. Via Priula, 85 – 31040 Nervesa della Battaglia (TV) P.IVA: 04860550260
Email: firstname.lastname@example.org (hereinafter the supplier).
2) Main Product Characteristics The products are described with their essential characteristics on the supplier’s website page: https://shop.fiorottowine.it For each product viewed, the customer will have the opportunity to access a special info sheet containing the main information and data for the product in question (e.g. variety, denomination, grape growing area, alcohol content) as well as any minimum quantities the customer can purchase.
3) Sales Conditions As these products can be legally sold only to those over the age of 18, please note that the purchasing procedure will be concluded only with customers who meet this requirement.
4) Total Price of Products All prices for the products in the supplier’s online catalogue are expressed in euro and include VAT and any other taxes. Dispatch costs and any other accessory charges are not included in the purchase price, but will be calculated and indicated separately. The customer will be able to check such costs and charges when completing the purchase order, and in any case before the purchase is concluded.
5) Method of Payment Payments can be made exclusively by credit card. The supplier guarantees that all communications concerning payments will be made on a special line protected by code; it also guarantees that information linked to payments will be stored at a higher security code level, in compliance with current data protection regulations. The conclusion of the purchase procedure implies the creation of an obligation on the part of the customer to pay the price of the selected products, therefore when the order is sent, as indicated in point 10) below, the contract with the supplier is concluded, leading to an obligation to pay. In any case, the supplier accepts no liability for any possible fraudulent or illicit use by third parties (e.g. of a credit card) when paying for the goods, if it can prove it has adopted all possible precautions using the best science and experience of the time with ordinary diligence.
6) Delivery Methods and Times The products will be delivered 24/48 hours from the date of purchase for Italy, and in 3 to 5 working days for Europe. These delivery times should in any case be considered indicative, as they could be extended due to the destination involved (e.g. island deliveries). The customer can check delivery status of the products by means of a special mail showing the dispatch data flow. Deliveries are made during normal office hours from Monday to Friday, excluding holidays; for this reason the customer is asked to indicate an address to which safe delivery can be made at those times. On taking delivery the customer is required to ascertain the state of the packing in which the products are consigned and inform the supplier’s courier of any damage that can be seen with a simple visible check, making a note on the delivery documents (also by acceptance of the goods with reserve).
7) Right to Withdraw The customer shall have the right to withdraw from the purchase commitments, without penalties and with no obligation for justification, within 14 (fourteen) days from the date on which he or she physically comes into possession of the products purchased online. To exercise this right the customer shall inform the supplier of his or her decision to withdraw from this contract by means of an explicit declaration, using the ‘Withdrawal Form’ found at the end of these contract conditions. The customer may complete the withdrawal form or any other declaration and send it electronically to the email address email@example.com and the supplier shall promptly confirm receipt of the customer’s withdrawal communication by email. To observe the withdrawal terms the customer shall send the communication before the above- mentioned withdrawal period expires.
8) Effects of Withdrawal (refund and product return methods) When a customer withdraws from this contract, the purchase price of the returned products shall be refunded without delay and in any case no more than 14 (fourteen) days from the day on which the supplier was informed of the customer’s decision to withdraw from the contract. The refund shall be made using the same means of payment used by the customer in the original transaction, unless the customer expressly agrees otherwise with the supplier. In any case, the customer shall pay no costs as a result of the refund. The refund may be suspended until the returned products are received. To exercise the right to a refund of the price paid, the products shall be returned whole and in their original packing. If the customer opens the packing of a product purchased online, the right to withdrawal is excluded, pursuant to art. 59 e) of Legislative Decree No. 26 of 6 September 2005 – Consumer Code – precluding the customer from the right to withdraw from his or her contractual commitment concerning online purchases and from demanding a refund of the amount paid. Moreover, in the event of purchasing a pack containing a number of different products, each in their own distinctive packing, partial withdrawal is possible, i.e. of just some of the individual products, subject to their packing being intact and not opened by the customer. The customer shall send the products to the supplier (Società Agricola Vittoria SS di Fiorotto Daniele & C. – Via Priula, 85 – 31040 Nervesa della Battaglia (TV), firstname.lastname@example.org ) without delay and in any case within 14 (fourteen) days of the day on which he or she announced withdrawal from this contract. The term is observed if the products are sent back before the 14 (fourteen) day period expires. Products shall be returned through the postal service or by courier. The direct costs of returning the products shall be paid by the customer.
9) Warranty The supplier guarantees that the products comply with current trade regulations. The products shall be kept by the customer in the way described in the supplier’s instructions and in any case in a place suitable for the storage of such products. Consequently, the supplier will not entertain any claims regarding products that have not been stored by the customer in the way described above. Any non-conforming products shall be reported by the customer as per current consumer protection rules, and in particular under the terms of Legislative Decree No. 206 of 6 September 2005 (Consumer Code). Product non-conformity shall be reported to the supplier in the way described in point 13) below. In the event of non-conformity, the supplier shall replace the non-conforming product promptly and free of charge. With reference to products that are not wine (e.g. T shirts, corks, pop sockets, etc.) but sold through the website www.lascolca.net, please note that the supplier is liable for any non-conformity appearing within 2 (two) years of delivery of the specific products. Customer rights are lost if the non-conformity is not reported to the vendor within 2 (two) months of finding the fault, through a communication described in point 13) below. If non-conformity is ascertained in these products, the customer may request their repair or replacement as an alternative and without cost. When the supplier accepts the customer’s request, the customer will be informed of the dispatch or replacement method for the faulty product, as well as the time predicted for repair or replacement. If one of these remedies is impossible or the cost is manifestly disproportionate, the price will be reduced if the product can still be used by the customer, or the contract will be terminated. In such cases, the supplier shall indicate the reduced price proposed, or the method for returning the faulty product. Refunds will be made via the same method of payment used by the customer for the initial transaction. In any case, please note that the warranty does not include products damaged by their improper or negligent use, bad maintenance or failure to observe the manufacturer’s instructions. Neither does the warranty cover damage attributable to normal use of the product.
10) Contract Conclusion and Storage The contract between supplier and customer for online purchases will be concluded on the internet, through customer access to the supplier’s website and following the purchase procedure indicated. The contract is concluded when the order has been made correctly and consent to the purchase has been given online. Before completing the purchase, the customer will have the opportunity to check the order and correct and/or amend the data, if necessary. For this reason, he or she shall check the data in question carefully. When the customer’s order is received, the supplier shall promptly send a printable email showing the details of the customer and order, the price of the product purchased, dispatch costs and any other charges, the address to which the product will be delivered, delivery times and withdrawal rights. The customer undertakes to print and keep the purchase order. Pursuant to art. 12 of Legislative Decree 70/2003, the supplier shall inform the customer that every order sent is stored in digital form on the website host’s server and on paper or digitally by the supplier, in any case applying all criteria of confidentiality and security. Registered customers have the right to consult their orders at any time by accessing the dedicated area of the supplier’s website and entering their login data and password (created on preliminary registration of their personal data).
11) Product Availability The supplier ensures order processing and execution through its computerised system. For the purpose it indicates in real time the products available and those not available from its electronic catalogue. Should an order exceed the quantity in stock, the supplier shall send an email to inform the customer whether the product will be available or the expected waiting time for it to arrive, and ask whether the customer intends to confirm the order or not.
12) Applicable Law These conditions of sale are regulated by Italian law.
13) Communications and Complaints Written communications and any complaints to the supplier shall be considered valid only if sent by email to the address email@example.com