Terms and conditions of sales
Art. 1 - Definitions and purpose
These General Conditions of Sale govern the distance marketing of the products and goods referred to on the website internet www.colliripani.it (hereinafter the “Website”) owned by LA CANTINA DEI COLLI RIPANI – a Cooperative Company (abbreviated to LA CANTINA DEI COLLI RIPANI – S.C.) with its registered office in C.da Tosciano n. 28 – Ripatransone (AP) – ITALY, VAT No. 00359070448, registration no. in the Ascoli Piceno Companies’ Register REA AP-65162, telephone no. +39 0735/9505, fax 0735/99334, email: email@example.com, certified email firstname.lastname@example.org.
The contractual counterparty of LA CANTINA DEI COLLI RIPANI - S.C. is the Customer (“Consumer” or “Professional” depending on whether they are acting for purposes outside their trade, business, craft or professional activity). The following provisions shall apply without distinction to both Parties, subject to the express reservation for Consumer-Customers only.
The reference legislation for agreements entered into by LA CANTINA DEI COLLI RIPANI - S.C. with the Customer-Consumer is that dictated by the so-called Consumer Code (Legislative Decree No. 206 of 6 September 2005), in particular Sections II (Articles 50 to 61), III (Articles 62 and 63) and IV (Articles 64 to 67).
The General Conditions of Sale, as governed below, may be amended by LA CANTINA DEI COLLI RIPANI - S.C. at any time and without prior notice. The validity and effectiveness of such amendments, however, shall be conditional upon their publication on www.colliripani.it.
The subject of the contract entered into between LA CANTINA DEI COLLI RIPANI - S.C. and the Customer primarily covers the alcoholic products listed in the TA20 ALCOHOL TABLE. The Customer must therefore declare and prove, where required, that they are of age or otherwise authorised to purchase and receive said products in accordance with the law of the place where the products are to be delivered.
Art. 2 - Procedure for purchase and acceptance of the General Conditions of Sale
The products of LA CANTINA DEI COLLI RIPANI - S.C. are purchased through the placing and acceptance of orders.
The Customer may only purchase the goods listed on the Website catalogue at the time the order is placed and at the prices and in the quantities stated therein.
For purchases of bottles of wine, the minimum quantity (including for different types) is 6 bottles.
By placing the order, the Customer fully acknowledges and accepts these General Conditions of Sale.
The contract shall be deemed to have been entered into when the following steps have been taken:
- LA CANTINA DEI COLLI RIPANI - S.C. receives the purchase order from the Customer;
- LA CANTINA DEI COLLI RIPANI - S.C. sends confirmation of the order placed by the Customer to the email address indicated by the Customer.
The confirmation of the order will indicate the unit cost of each individual product chosen as well as the total amount if multiple products are purchased. The order can always be refused, even partially, by LA CANTINA DEI COLLI RIPANI - S.C., which, in this case, shall have no obligation to provide any indemnity or compensation to the Customer.
It is also understood that the images of products displayed on the Website have the sole purpose of displaying the products for sale, without any guarantee or commitment from LA CANTINA DEI COLLI RIPANI - S.C. that they will exactly match the actual product.
Art. 3 - Product prices and availability
The prices of the products sold only include VAT.
The Customer acknowledges that, due to the possibility of multiple users accessing the Website simultaneously, the products may not be available. Orders shall therefore only be processed once the products are fully available. However, where expressly requested by the Customer, LA CANTINA DEI COLLI RIPANI - S.C. may proceed to partially fulfil the order. In this case, the Customer shall bear the shipping costs of each individual delivery.
LA CANTINA DEI COLLI RIPANI - S.C. does not assume any commitment, nor does it guarantee the immediate delivery of purchased products which are shown as available on the Website, and shall not be held liable for any delivery delays.
Art. 4 - Means of payment
When concluding the contract, the Customer may choose to pay for the purchased products by credit card or bank transfer in advance.
Accepted credit cards are VISA, MASTERCARD, AMERICAN EXPRESS and POSTEPAY.
The bank transfer must be using the bank details below:
BANCA DI RIPATRANSONE CRED. COOP.
CC Account held by Cantina dei Colli Ripani Soc. Coop.
Choosing payment by bank transfer in advance means that the order shall only be carried out after LA CANTINA DEI COLLI RIPANI - S.C. has received the amount due. The bank transfer shall be made by the Customer within three working days from the order confirmation, otherwise the order shall be cancelled.
The transfer reference must include the order number and Customer’s details. Once selected, the payment method cannot be changed.
Art. 5 – Shipment procedures, terms and risks
The purchased products shall be shipped to the address indicated by the Customer (exclusively in Italy) by GLS General Logistics Systems Italy S.p.A., UPS United Parcel Service Italia, BARTOLINI Corriere Espresso or similar couriers, within three working days following confirmation of payment of the order.
All product deliveries are at the risk of LA CANTINA DEI COLLI RIPANI - S.C. up until they are handed over to the shipper, carrier or other agent appointed for delivery.
The Customer shall not hold LA CANTINA DEI COLLI RIPANI - S.C. liable for any reason whatsoever in the event of delay in the execution of the order or delivery of the products under the contract. Cases of force majeure, unavailability of means of transport, or unforeseeable or unavoidable events which cause a delivery delay, make deliveries difficult or impossible, or cause a significant increase in the cost of delivery borne by LA CANTINA DEI COLLI RIPANI - S.C., shall entitle the latter to:
- split and/or postpone the scheduled delivery;
- cancel the scheduled delivery either fully or partially;
- terminate the contract, including partially.
LA CANTINA DEI COLLI RIPANI - S.C. shall provide timely and adequate communication of its decisions to the email address indicated by the Customer and, in the event of point c), the Customer shall have the right to be refunded, as applicable, for all or part of the price already paid, excluding any claims for compensation and/or damages.
Art. 6 - Delivery costs
Shipping and delivery costs are already included in the price.
Products are delivered at street level. To carry out the delivery, the Customer or a person appointed thereby must always be present on the day of delivery at the place indicated by the Customer. Should the Customer (or his/her appointed person) be absent, the courier will leave a second delivery notice for the next working day and a telephone number so that an alternative delivery date may be agreed.
In the event of no communication from the recipient, the consignment will be stored and may be collected from the carrier’s warehouse or from another location established by the carrier for a period of 15 days, after which the goods shall be returned to LA CANTINA DEI COLLI RIPANI - S.C. In such case, LA CANTINA DEI COLLI RIPANI - S.C. shall have no obligation to reimburse the Customer for the amount paid in advance for the order, which shall be deemed expressly waived, and may charge the costs for handling the delivery and its return to the sender, which shall be promptly notified to the Customer.
Art. 7 -Goods checks
Upon delivery of the goods by the courier, the Customer is required to check that the number of packages delivered corresponds to that indicated in the delivery note and that the packaging is intact, undamaged and otherwise unaltered, including the sealing materials, by carefully checking for any signs of breakage of the goods such as (but not limited to) leakage of liquids and/or moisture on the packaging.
Any damage to the packaging and/or products and/or any mismatch in the number of packages and/or information must be immediately contested by the Customer by writing “goods accepted with reservation due to the following anomaly:...............................” on the courier’s delivery receipt. Furthermore, under penalty of forfeiture, the Customer shall undertake to promptly notify LA CANTINA DEI COLLI RIPANI - S.C., in any case no later than 8 days from the date of delivery, of any claims regarding the physical integrity, accuracy or completeness of the products received. Said notification shall be sent by registered letter with acknowledgement of receipt and accompanied by at least one photo of the product and its packaging.
Art. 8 - Billing
LA CANTINA DEI COLLI RIPANI - S.C. shall issue a regular non-tax receipt for the products purchased by the Customer.
Professional Customers requesting an accompanying invoice must also indicate their VAT number. Invoice changes shall not be accepted after the invoice has been issued. The Customer is therefore responsible for ensuring that the information provided at the time of ordering is correct.
Art. 9 - Liability limitations
The Customer shall exonerate LA CANTINA DEI COLLI RIPANI - S.C. from any contractual or extra-contractual liability for direct or indirect damage to persons and/or things caused by the – even partial – non-acceptance of an order.
LA CANTINA DEI COLLI RIPANI - S.C. shall not be held liable for any damage, even to third parties, that may be caused as a result of its own negligence.
With the exception of cases of wilful misconduct and gross negligence, LA CANTINA DEI COLLI RIPANI - S.C. shall not be held liable, for any reason whatsoever, for any amounts in excess of those paid by the Customer in execution of the contract.
Furthermore, any guarantees for defects in the products sold as a result of poor storage by the Customer are expressly excluded. In this regard, the Customer shall acknowledge that the products sold by LA CANTINA DEI COLLI RIPANI - S.C. must be stored in appropriate conditions. In the case of wine, however, bottles containing wine should preferably be left in a horizontal position, in a place with low lighting and at a constant temperature, never above 25 °C, otherwise its characteristics may be compromised and its volatile components in particular may permanently deteriorate.
Art. 10 - Right of withdrawal
Consumer-Customers have the right to withdraw from the contract for the purchase of the products without any penalty within 14 days from receiving the goods, subject to written notification to be sent by registered letter with acknowledgement of receipt (or by email, fax or telegram provided that it is followed by a registered letter with acknowledgement of receipt within the following 48 hours) to LA CANTINA DEI COLLI RIPANI - S.C.
It is not permitted to exchange an individual bottle or several bottles of wine or another chosen product for other packages at no extra cost. In the notification, the Consumer-Customer shall indicate the product or products for which he or she intends to exercise the right of withdrawal, the order number and order date, invoice number and his or her IBAN code, after which he or she may send back the returned goods.
In addition to complying with the above, in order for the right of withdrawal to be deemed properly exercised, the following conditions must be fully met:
- the products purchased are substantially intact;
- the products are returned in their original packaging;
- the products are sent in a single shipment;
- the products have not been used or damaged.
The Consumer-Customer shall bear the cost of returning the products as well as the liability for any loss of or damage to the products.
After verifying the integrity of the returned products and that it matches the order placed, LA CANTINA DEI COLLI RIPANI - S.C. shall refund the Customer-Consumer by bank transfer in the shortest time possible and, in any case, within 15 days from the date on which the return was completed.
Where the conditions and procedures for exercising the right of withdrawal set out above are not met or complied with, no refund shall be granted and the contract shall remain perfectly valid and effective.
The right of withdrawal is reserved only for natural persons (previously defined as “consumers”). Professional Customers are therefore not entitled to exercise the right of withdrawal.
Art. 11 - Proprietà Industrial and intellectual property
The Website content is protected and safeguarded by current copyright and industrial property laws. It is forbidden to extrapolate or re-use what is shown on the Website unless expressly authorised by LA CANTINA DEI COLLI RIPANI - S.C. This includes (but is not limited to) the prohibition to extract or reuse: texts, photographs, films, databases, reproductions, drawings and any graphic representations on both labels and packaging.
The Customer is also informed that the Website may contain trademarks, domain names, company names, companies and signs of third parties with which LA CANTINA DEI COLLI RIPANI - S.C. has commercial collaboration relationships. These have the same protection as the distinctive signs of LA CANTINA DEI COLLI RIPANI - S.C. under the relevant regulations in force.
Art. 12 - Personal data processing
LA CANTINA DEI COLLI RIPANI - S.C. shall process the personal data provided by the Customer for online product purchases in compliance with the regulations on personal data protection (Italian Personal Data Protection Code - Legislative Decree No. 196/2003 as subsequently amended), mainly via electronic means. The data processing concerns the operations, or the set of operations (including but not limited to: collection, registration, organisation, storage, processing, disclosure, modification, selection, use, deletion, destruction) concerning the personal data provided by the Customer when filling in and placing the purchase order online.
Data may be processed:
- to fulfil tax and accounting obligations or other legal requirements;
- to manage and execute the contract as well as to fulfil the obligations resulting from or associated with the contract, such as, but not limited to, the performance of transportation services.
With regard to the purposes referred to in points 1) and 2), the provision of the data – although optional – is necessary for the execution of the online purchase service and any refusal to provide the data shall make it impossible for LA CANTINA DEI COLLI RIPANI - S.C. to provide said service. It is not necessary to obtain the Customer’s consent to carry out the processing referred to in points 1) and 2) above.
To properly perform the above-mentioned activities, the data may be accessed by individuals operating as data processors for LA CANTINA DEI COLLI RIPANI - S.C. for the purposes indicated above as well as for institutional purposes (e.g. suppliers of computer services, data entry, transportation and delivery).
With regard to the processed data, the Customer has the right at any time to exercise their rights recognised under Article 7 of Legislative Decree No. 196/2003, in particular to obtain a copy of the processed data, to request to have their data updated, rectified, supplemented, deleted, converted into an anonymous form, blocked for the purpose of data processing which is in breach of the law and, lastly, to oppose the data processing for legitimate reasons.
To exercise these rights, the Customer may write to LA CANTINA DEI COLLI RIPANI - S.C. at its registered office in C.da Tosciano n. 28 - 63065 Ripatransone (AP), Italy, for the attention of the Data Processor.
Art. 13 - Applicable law and jurisdiction
The Contract of Sale between the Customer and LA CANTINA DEI COLLI RIPANI - S.C. is deemed to have been entered into in Italy and shall be governed by Italian Law.
Any dispute arising in connection with the application, execution, interpretation or breach of the contract shall fall under the exclusive competence of the Courts of Fermo.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Customer declares that he/she specifically accepts the clauses set out herein, referring to: Article 2 – Procedure for purchase and acceptance of the General Conditions of Sale; Article 3 – Product prices and availability; Article 5 – Shipment procedures, terms and risks; Article 6 – Delivery costs; Article 7 – Goods checks; Article 9 – Liability limitations; Article 10 – Right of withdrawal; Article 13 – Applicable law and jurisdiction.