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GENERAL TERMS AND CONDITIONS OF SALE FOR E-COMMERCE in the light of Legislative Decree No. 21 of 21 February 2014, which implemented Directive 2011/83/EU
The offer and sale of products made on the www.notedelchianti.com website are governed by these General Terms and Conditions of Sale, in accordance with the provisions of Legislative Decree No. 206/2005 Italian Consumer Code and subsequent amendments. Before sending the purchase order, the Customer must carefully read the following General Terms and Conditions of Sale; the forwarding of the request implies full knowledge and acceptance of both the General Terms and Conditions of Sale as well as what is indicated in the Order Form. Once the online purchase procedure has been completed, the Customer is required to print and keep the General Terms and Conditions of Sale and the Order Form. NOTE DEL CHIANTI S.r.l., (hereinafter "NOTE DEL CHIANTI" or the Company) Tax code 01463280527, VAT No. 01463280527 with registered office in Poggibonsi (SI), Loc. Drove 14/A postcode 53036 registered with the Siena Companies Register under number SI-149802, is the owner of the http://www.notedelchianti.com website.
1. PURPOSE
The General Terms and Conditions of Sale relate to the sale of products online through the specific service of electronic commerce on the www.notedelchianti.comwebsite.
2. PARTIES
Products are sold directly by NOTE DEL CHIANTI S.r.l. For any request for information, the Customer can contact the e-Commerce Department of NOTE DEL CHIANTI:
by e-mail to the following address: shop@notedelchianti.com
by post to the following address: Via della Mercanzia, 8, 53100 Siena
The products are sold to the Customer identified by the data entered at the time of filling in and sending the Order Form in electronic format.
3. PRODUCT AVAILABILITY
Product availability refers to the availability when the Customer consults the site and the product sheet must be considered merely indicative because, as a result of the simultaneous presence on the site of other users, the items requested may have been sold to others during or immediately before the order confirmation.
Even after the sending of the e-mail confirmation of the order by NOTE DEL CHIANTI, there may be cases of partial and/or total unavailability of the product, in which case the Customer will be promptly informed by NOTE DEL CHIANTI and may decide whether to accept the delivery of the products available or require the cancellation of the entire order, notifying this via e-mail.
4. PRICES
All sale prices of the products indicated on the www.notedelchianti.com website are expressed in Euro, include VAT and may vary at the sole discretion of the company.
Shipping costs are not included in the price displayed, but are indicated and calculated at the time of concluding the purchase process before payment is made.
5. ORDERING PRODUCTS
The essential characteristics and prices are given in the offer for each product.
NOTE DEL CHIANTI undertakes to describe and present the items sold on the site www.notedelchianti.com in the best possible fashion. Nevertheless, errors, inaccuracies and/or small differences with the actual product may occur. The photographs of products on the www.notedelchianti.com web page do not constitute a contractual element, as they are merely illustrative and representative.
For the purchase of products, the Customer must fill in and send the "Order Form" to NOTE DEL CHIANTI following the instructions contained therein. The Customer must also insert the product in the "cart" and, only after having read the General Terms and Conditions, as well as the delivery charges and Privacy
Policy, finally select the desired payment method and activate the option "send order".
By sending the order, the Customer acknowledges and declares to have read all the information provided during the purchase process and fully accept the General Terms and Conditions of Sale.
NOTE DEL CHIANTI reserves the right to accept orders received.
NOTE DEL CHIANTI will inform the Customer if it is impossible to accept the order received within 48 hours from the working day following that on which the Customer has sent the request and will provide, after verifying payment, the refund of any amounts already paid by the same.
6. CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The sale takes place with the sending, by the company, of an e-mail order confirmation and is considered concluded with the forwarding to the Customer of the products ordered and an e-mail containing a summary of the operation and the address to which the goods were sent.
NOTE DEL CHIANTI undertakes to deliver the goods within 30 days from the day following receipt of the order confirmation.
7. PAYMENT METHODS
Purchases made on www.notedelchianti.com are totally secure and payment can be made at the Customer's choice in one of the following ways:
- by Bank Transfer paid in advance
- by Credit Card
- by the PayPal system
Payment by bank transfer in advance
In case of payment by bank transfer, the order will only be considered after confirmation of the full amount being credited by the receiving bank. Payment must be made within 3 days from the date of order. For correct and prompt management of the request, the Customer must indicate the date, order number and Customer name and surname in the description.
Once the above deadline has expired, the order will be automatically cancelled.
The availability of the selected products will be evaluated at the time the fee is credited to the following bank details:
NOTE DEL CHIANTI S.r.l.
IBAN: IT62M0103014200000012687863
SWIFT code: PASCITMMSIE
Bank: MONTE DEI PASCHI DI SIENA SPA - Branch Office - Siena.
Payment by credit card
If the applicant chooses to pay by credit card, the bank will authorise the debiting of the amount for the purchase made. In case of cancellation, NOTE DEL CHIANTI will implement the cancellation of the transaction and the refund of the amount committed.
The release times depend exclusively on the banking system. Once the transaction has been cancelled, NOTE DEL CHIANTI cannot be held responsible for delays and/or damages caused by the banking system.
NOTE DEL CHIANTI reserves the right to request additional information from the User or to send copies of documents proving the ownership of the card used.
In case of refusal, NOTE DEL CHIANTI reserves the right not to complete the operation. At no time will NOTE DEL CHIANTI be able to know personal information about the credit card holder.
Payment with PayPal
By selecting the PayPal payment method, the User will be redirected to a page on the PayPal site and payment will be made according to the methods indicated therein.
The information on the PayPal site will not be shared with NOTE DEL CHIANTI but will be managed directly by the PayPal.
In case of cancellation of the order or non-acceptance by NOTE DEL CHIANTI, the amount will be refunded to your PayPal account. NOTE DEL CHIANTI will not be in any way responsible for delays and/or damages occurring at this stage.
At the end of the operations, the PayPal procedure will transfer the user to the website of NOTE DEL CHIANTI to view the order summary.
8. DELIVERY METHODS
For each order concluded through NOTE DEL CHIANTI e-commerce, an invoice of the material shipped will be issued. The latter will be forwarded by e-mail to the account holder of the order. For the issuance of the invoice, the information provided by the Customer at the time of ordering is authoritative. No change in the invoice will be possible after the invoice has been issued.
Delivery costs are the sole responsibility of the Customer, subject to any contributions explicitly highlighted at the time of placing the order. The payment of the goods, by the Customer, will be made using the method chosen at the time of the order. Nothing is due by the Customer more than the total of the order.
No responsibility can be attributed to NOTE DEL CHIANTI in case of a delay in the delivery of the ordered goods.
The delivery of what has been ordered is understood to be at street level except:
• for a different notification given by our customer service
• for provisions on the product data sheet
• for the explicit purchase of delivery to a floor, where applicable
Upon delivery of the goods by the courier, the customer is required to check:
• that the number of packages delivered corresponds to the number indicated in the transport document sent in advance by e-mail;
• that the packaging is intact, not wet or otherwise altered, also concerning the sealing materials (adhesive tape or metal straps).
Any damage to the packaging and/or product or a mismatch in the number of packages or indications, must be immediately reported to the carrier, by placing RESERVE TO CONTROL on the formal delivery document (SPECIFYING THE REASON OF RESERVE, e.g. "ripped packaging", "crushed packaging", etc). Once the courier's document has been accepted without reservation, the Customer will no longer be able to make any objection regarding the external characteristics of the goods received.
In the event of failure within 5 working days to collect the material in storage at the courier's warehouses due to repeated inability to deliver to the address specified by the Customer at the time of ordering, the goods ordered will be returned to our warehouses with a charge to the Customer for the storage costs as required by the courier.
9. RIGHT OF WITHDRAWAL
Under the Italian Consumer Code, the consumer customer (i.e. a natural person who buys goods for purposes not related to a professional activity, or does not indicate a VAT reference on the order form when making the purchase), has the right to terminate the purchase contract for any reason, without explanation and without penalty, within 10 working days from the date of receiving the goods. This notification must be sent by certified e-mail or registered post with a return receipt, addressed to
NOTE DEL CHIANTI S.r.l.
Via della Mercanzia, 8
53100 SIENA
or by telegram, always within the aforementioned period of 10 days. Once the notice of withdrawal has been received, NOTE DEL CHIANTI will provide the Customer with instructions on how to return the goods, assigning a unique code for the return (CUR) of the goods, which must reach NOTE DEL CHIANTI within 10 days of authorisation.
The products must be returned intact, in their original packaging (envelopes and packaging), complete with all their parts and cases without any signs of wear or dirt.
The right of withdrawal applies to the product purchased in its entirety; you cannot exercise the right of withdrawal only for part of the product purchased;
Shipping costs relating to the return of the goods will remain the responsibility of the Customer, delivery costs and any other incidental costs identified at the time of order will not be reimbursed.
The shipment, until the certificate of receipt in the NOTE DEL CHIANTI warehouse, is under the full responsibility of the Customer.
NOTE DEL CHIANTI is not liable in any way for damage or theft/loss of goods returned by uninsured shipments.
Upon arrival at the warehouse, the product will be examined to assess its integrity. If the package and/or the original packaging are damaged, NOTE DEL CHIANTI will deduct a percentage from the refund due, no less than 20% of the same, as a contribution to the repair costs.
With the exception of any repair costs for ascertained damages, NOTE DEL CHIANTI will refund the Customer the amount paid, net of the shipping costs via the cancellation procedure to the credit card, PayPal or bank transfer used. In the latter case, the Customer will be responsible for providing bank details with the IBAN code in order to obtain a refund (Current Account of the invoice holder).
10. WARRANTIES
For all products purchased by the consumer Customer, i.e. the natural person acting for purposes other than business or commercial activity, the warranty is valid on condition that both of the following conditions are met:
- the defect occurs within 2 months from the delivery date of the product;
- the Customer informs the Company within 1 month from the date on which the defect was found.
In the event of non-conformity, NOTE DEL CHIANTI will, at no cost to the Customer, restore the conformity of the product by repair/replacement or total or partial refund of the price.
The Customer will be provided with an authorisation number for the return of the product (ARP) which must be indicated on the outside of the packaging, following the instructions provided in the authorisation e-mail.
11. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The www.notedelchianti.com website, as well as all trademarks and distinctive signs used by NOTE DEL CHIANTI in relation to its products, is protected by the legislation applicable on intellectual and industrial property rights, therefore, any kind of reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose, of the website contents, the trademarks and the distinctive signs used by NOTE DEL CHIANTI (such as, for instance, works, images, drawings, dialogues, presentations, music, sounds, videos, graphics, functions and site design) is prohibited.
12. APPLICABLE LAW AND JURISDICTION
The contract of sale between the Customer and NOTE DEL CHIANTI is concluded in Italy and governed by Italian law. If the Customer is a private consumer, for the resolution of civil and criminal litigation arising from the conclusion of this remote contract of sale, the territorial competence is that of the court of reference for the Customer's district of residence; in all other cases, the territorial competence is exclusively that of the Court of Rome.
