Terms of sale

1. DEFINITION AND OBJECT OF THE CONTRACT

This contract (“Contract”) is a distance contract pursuant to Art. 50 et seq. Of Legislative Decree No. 206 of September 6, 2005 (“Consumer Code”). The Contract has as its object the sale of products such as alcoholic beverages (wines, sparkling wines and grappas), gifts and wine gadgets between Cantina Rotaliana di Mezzolombardo SCA, with registered office in Mezzolombardo at Via Trento 65/B- Iscrizione Registro Imprese TN | Cod. Fisc. e Part. IVA 00122770225 | Iscrizione Albo Nazionale Enti Cooperativi A157571, Tel: 0461.601010 Fax: 0461.604323, Website www.cantinarotaliana.it, E-mail: info@cantinarotaliana.it | PEC: cantinarotaliana@pec.cooperazionetrentina.it, (hereinafter “CRM”), and the consumer (the “Customer”).
The Contract is concluded directly through CRM’s acceptance of a purchase proposal issued by the Customer via the Internet.
These General Terms and Conditions of Online Sales (hereinafter “GTC”) govern the contract (hereinafter “CONTRACT”) for the sale of products (hereinafter “PRODUCTS”) sold by CRM through the website www.cantinarotaliana.it (hereinafter “site”), owned by CRM, to users of the site (hereinafter “CUSTOMER” or “CLIENTS”).

2. EFFECTIVENESS AND MODIFICATION OF THE CGVS

The GTC applicable to the sale of the PRODUCTS are those published on the site, on the date of the order relating to the PRODUCTS. The CUSTOMER, therefore, must read the GTCS, each time it intends to proceed with a purchase on the site. Cantina Rotaliana di Mezzolombardo SCA reserves the right to modify these General Terms and Conditions of Sale at any time by publishing a new version on its website. The applicable General Terms and Conditions of Sale are those in effect at the time the order is placed.
These GTC are formulated in accordance with the current legislation on contracts concluded outside business premises. By submitting an order, it is declared that it has read, understood and accepted these General Terms and Conditions of Sale.
The CUSTOMER declares that he/she is aware that these GTC are available to him/her directly at www.cantinarotaliana.it and that CRM has complied with legal requirements both in relation to the provision of the GTC and in relation to the communication of information to the consumer.
CRM’s mere forbearance or failure to object to any failure by CUSTOMER to comply with the provisions of the GTC shall not be construed as tacit acceptance of such failure, nor as a willingness to derogate from anything agreed between the parties.

3. PRODUCTS

When ordered, products are carefully placed in special packaging and shipped by courier.
Photos are approximate and labels may vary from those presented on the site.

4. PRICES

The prices of the PRODUCTS are those actually displayed on the site at the time of issuance of the ORDER and are inclusive of V.A.T. To the prices that appear on the site, for each of the PRODUCTS, must be added the shipping and delivery costs of the same, which will be duly highlighted and summarized before the issuance of the ORDER and subsequently also in the ORDER CONFIRMATION.
The total price for the purchase of the PRODUCTS and shipping costs, as indicated in the ORDER, will be charged to the CUSTOMER at the time he/she makes payment.

5. MODE OF PURCHASE AND PAYMENT.

5.1 Purchase

The order form contains a summary with the name of each product ordered and its price (including all applicable taxes and duties), the means of payment chosen, the mode of delivery of the products purchased, shipping and delivery costs: the CUSTOMER before sending the ORDER must carefully read its entire contents and identify and correct any errors in data entry using the special features of the Site.
Confirmation of the order form will produce the purchase contract; this is sent via the Site to CRM. Customer will receive a summary e-mail from CRM, informing it that its purchase proposal is being processed and will be deemed accepted, unless otherwise notified by e-mail or telephone transmitted by CRM, within 5 (five) business days of receipt of the summary e-mail.
All purchase orders for PRODUCTS are subject to the availability of the same and, therefore, to the confirmation of CRM, which will communicate such availability by sending an e-mail to the CUSTOMER of ORDER CONFIRMATION. Only with the sending of such e-mail will the contract be considered concluded and perfected.
In the event of unavailability or change to a new vintage of any of the products ordered, the CUSTOMER will be promptly contacted; he/she will then be able to decide whether to cancel the order, immediately receiving back what has been paid, or to modify the order by including items available for delivery.

5.2 Payment.

Customer will be allowed to choose one of the following payment methods:
(a) in advance by bank transfer to the following coordinates.

CANTINA ROTALIANA DI MEZZOLOMBARDO S.c.a.
Via Trento 65/B – 38017 MEZZOLOMBARDO (TN)
CASSA RURALE VAL DI NON, ROTALIANA E GIOVO BCC
EU IBAN: EN 07 J 08282 35040 000032008102

(b) or by credit card via PayPal circuit, to which the CUSTOMER will be redirected at the time of purchase, without the need for further registration. The data on the means of payment used will remain in the exclusive sphere of knowledge/knowledge of the PayPal circuit. At the time of order confirmation, simply select the payment option “Paypal”, to be directly transferred to the site of Paypal. The account and credit card details are handled directly by Paypal, which simply provides the shop www.cantinarotaliana.it with a notification that the payment has been made.

6. SHIPPING AND DELIVERY OF PRODUCTS

The order is shipped in 5 working days and delivered by the courier contracted by CRM indicatively within 4 working days after taking.
If the order is placed during periods of reduced operations and/or courier stoppage (due to any reason whatsoever) with consequent impossibility of respecting the delivery times indicated, CRM will promptly notify the CUSTOMER during the purchase phase, through a clearly visible message on the website.
Shipments are expected only within the Italian territory.
Upon delivery of the PRODUCTS to the CUSTOMER by the carrier in charge of their transport, the CUSTOMER shall check: a) that the quantity and type of the PRODUCTS ordered corresponds to what is indicated in the transport document; b) that the packaging used for transport is intact, not damaged, wet or otherwise altered, even if only in the sealing materials.
Any anomalies must be objected to immediately to the carriers upon receipt of the PRODUCTS, by indication in their delivery note. The CUSTOMER, in order to facilitate and speed up the procedure of checking for any anomalies by CRM, may write an e-mail to info@cantinarotaliana.it.
Delivery requires the presence of the CUSTOMER or his/her designee over 18 years of age at the address indicated in the ORDER.

7. WARRANTIES AND LIABILITY

For the products purchased by the Customer, the regulations regarding guarantees and service relating to the sale of consumer goods, food and beverages are applicable to CRM.
CRM disclaims any liability relating to the poor condition of the products due to improper storage after the time of delivery.
Except in cases of willful misconduct or gross negligence, CRM disclaims all liability for direct or indirect damages of whatever nature they may be or in whatever form they may manifest themselves, resulting from the use of the website and/or the news, photos and information contained therein.

8. CUSTOMER’S OBLIGATIONS

The Customer declares and guarantees: (i) that he/she is a consumer in accordance with the provisions of Article 3 of the Consumer Code; (ii) that he/she is of legal age; (iii) that the data provided by him/her for the execution of the Contract are correct and true.

9. CANCELLATION AND MODIFICATION OF THE ORDER

Customer may cancel the entire ORDER or modify the ORDER by 10:00 a.m. on the day after placing the ORDER by promptly notifying CRM by e-mail or telephone.

10. RETURNS AND REFUNDS

10.1 Return Policy

The Customer has the right to withdraw from the contract entered into, without penalty and without specifying the reason, within 14 days of receipt of the products.
The Customer may exercise the right of withdrawal, within the aforementioned period, by expressing it by e-mail (info@cantinarotaliana.it), by telephone at 0461-601010 or by written communication at CRM’s head office, to be sent by registered letter with return receipt or by telegram.
The Customer who intends to make use of the right of withdrawal must return the products to the address:

CANTINA ROTALIANA DI MEZZOLOMBARDO SCA
VIA TRENTO 65/B
38017 MEZZOLOMBARDO (TN)

within 14 days of receipt of the products. Pursuant to Article 55, second paragraph, of the Consumer Code, the Customer shall not have the right of withdrawal in the following cases:
– supply of products opened by the Customer;
– supply of custom-made or personalized products, or which by their very nature, cannot be returned or are liable to deteriorate or alter rapidly.

10.2. Refunds

For returns, the Customer must use original packaging (or otherwise suitable for shipment) and may use courier at its discretion. The cost of returning the products shall be borne by the Customer. CRM will refund, within 30 days from the date of receipt of the products by Customer: (i) the full price paid by Customer in case of return of the product complete with all its parts and functionalities; or (ii) the part of the price equivalent to the product actually returned by Customer that has worn the product appreciably and/or such as to significantly diminish its value.

11. PROTECTION OF PERSONAL DATA

CRM assures the CUSTOMER that personal data acquired in connection with the sale of PRODUCTS will always be processed lawfully and correctly, in full compliance with applicable national and international laws. The privacy policy rendered by CRM can be found at the link at the bottom of the home page of the site.

12. COMMUNICATIONS

For any assistance needs or complaints regarding the purchased PRODUCTS, CUSTOMER may contact CRM at the following e-mail address: info@cantinarotaliana.it or at the other company contact information contained in these GTC.

13. DISPUTE RESOLUTION TOOLS

Pursuant to and for the purposes of Article 14 of EU Regulation No. 524/2013, consumers residing in the states belonging to the European Union are hereby informed that for the resolution of disputes relating to this contract and the online services offered by this site, there is the possibility of resorting to the Online Dispute Resolution (ODR) procedure, provided by the European Commission, and accessible at the following link: https://webgate.ec.europa.eu/odr/. It is also possible to access other ODR platforms such as that of the Milan Chamber of Arbitration Risolvionline.com or that prepared by a pool of Italian Chambers of Commerce Concilianet.
In compliance with the provisions of the aforementioned regulations, it is also announced that CRM’s e-mail address is info@cantinarotaliana.it.

14. CONTRACT LANGUAGE AND APPLICABLE LAW

The GTCV are governed by Italian law and in particular by the legislative decree September 6, 2005 n. 206 “CODE OF CONSUMER” and the legislative decree April 9, 2003 n. 70 regarding some peculiarities of electronic commerce.
Since the delivery of the products is limited to Italy, the language available to conclude the contract is Italian.

15. JURISDICTION

Except as provided for cases involving the consumer, for any dispute relating to the sale of the PRODUCTS, including those relating to the validity, interpretation, execution or termination of these GTC, the Court of Trent shall have exclusive jurisdiction.