General conditions of Sale

Art. 1 – Definitions and object of the contract

These general conditions of sale regulate the remote marketing of the products and goods referred to on the website www.lecantinedifigaro.it (“Site”) owned by LE CANTINE DI FIGARO – SOCIETA’ AGRICOLA A.R.L with registered office in C.da Colle del Giglio Scn – Ripatransone (AP) – ITALY, p. VAT 02471630448, registration number in the Company Register of Ascoli Piceno REA AP-278296, telephone number +39 371/4272435, e-mail: info@lecantinedifigaro.it, PEC lecantinedifigaro.agricola.arl@legalmail.it

Contractual counterparty of LE CANTINE DI FIGARO – SOCIETA’ AGRICOLA A.R.L is the Customer, whether “Consumer” or “Professional”, depending on whether he is acting for extraneous purposes or in the exercise of an entrepreneurial, commercial, artisanal, or professional activity. The following provisions apply to both without distinction, without prejudice to the express reservation for Consumer Customers only.

The reference legislation for contracts concluded by LE CANTINE DI FIGARO – SOCIETA’ AGRICOLA A.R.L. with the Consumer Customer is that dictated by the so-called Consumer Code (Legislative Decree 6 September 2005, n. 206), in sections II (articles 50 to 61), III (articles 62 and 63) and IV (articles 64 to 67).

LE CANTINE DI FIGARO – SOCIETA’ AGRICOLA A.R.L. may add to the general conditions of sale as regulated below. changes at any time and without notice. The validity and effectiveness of such modifications, however, will be conditional on their publication on the website www.lecantinedifigaro.it.

Subject of the contract concluded between LE CANTINE DI FIGARO – SOCIETA’ AGRICOLA A.R.L. and the Customer are, primarily, the alcoholic products referred to in the ALCOHOL TABLE TA20. The Customer, therefore, for these products, must declare and prove, where requested, that he is an adult or otherwise authorized to purchase and receive them according to the law of the place where they must be delivered.

 Art. 2 – Purchase methods and acceptance of the general conditions of sale

The Customer can only purchase the goods present in the Site catalogue at the time the order is placed and at the prices and quantities indicated therein.

For purchases of bottles of wine, the minimum quantity (even for different types) is equal to n. 2 (two) bottles.

Sending the order implies full knowledge and acceptance of these general conditions of sale by the Customer.

The contract is considered concluded when the following steps occur:

1. THE FIGARO CELLARS – SOCIETA’ AGRICOLA A.R.L. receives the purchase order from the Customer.
2. THE CELLARS OF FIGARO– SOCIETA’ AGRICOLA A.R.L. sends the confirmation of the order placed by the Customer to the e-mail address indicated by the Customer.

The order confirmation will indicate the unit cost of each individual product chosen and the total amount in case of purchase of multiple products. Acceptance of the order can always be refused, even partially, by LE CANTINE DI FIGARO – SOCIETA’ AGRICOLA A.R.L., which, in such cases, will have no obligation to indemnify or compensate the Customer.

Art. 3 – Prices and availability of products

The prices of the products marketed include VAT only.

The Customer acknowledges that, due to the possibility of multiple simultaneous accesses by users to the site, the products may not be available. Orders will therefore only be processed when the products are completely available. Upon express request of the Customer, however, LE CANTINE DI FIGARO – SOCIETA’ AGRICOLA A.R.L. will be able to proceed with partial fulfilment of the order. In this case the Customer will have to bear the shipping costs of each individual delivery.

LE CANTINE DI FIGARO – SOCIETA’ AGRICOLA A.R.L. does not assume any commitment, nor can it guarantee the certainty of immediate delivery of the products purchased and indicated as available on the site and cannot be held responsible for any delays in delivery.

 Art. 4 – Payment methods

Upon conclusion of the contract, the Customer will be able to choose whether to pay for the products purchased by credit card or advance bank transfer.

The accepted credit cards are those of the VISA, MASTERCARD, PAYPAL circuits

The bank transfer must necessarily be made to the following coordinates:

BANK BLU BANK.
IBAN: IT62V0344139151CC0620000760
CC payable to LE CANTINE DI FIGARO.– SOCIETA’ AGRICOLA A.R.L.

The choice of payment by advance bank transfer entails the processing of the order only after actual receipt by LE CANTINE DI FIGARO – SOCIETA’ AGRICOLA A.R.L. of the amount due. The bank transfer must be made by the Customer within 3 (three) working days of order confirmation, under penalty of its cancellation.

The reason for the transfer must include the order number and the customer’s details. Once chosen, the payment method can no longer be changed.

Cash on delivery is not permitted.

Shipping policy

Art. 5 – Shipping methods, terms and risks

The products purchased will be shipped to the address indicated by the Customer (exclusively within national borders) via DHL courier, within three working days following confirmation of payment for the order.

All orders are processed and delivered on weekdays (Monday-Friday, excluding holidays). Orders placed on Saturday and Sunday will not be processed until the following Monday.

Only orders to be delivered within Italian territory will be accepted; no deliveries of products to post office boxes will be made.

All product deliveries are at the risk of LE CANTINE DI FIGARO – SOCIETA’ AGRICOLA A.R.L. until the moment of delivery to the shipper, carrier or other agent appointed for delivery.

No responsibility, for any reason, can be attributed by the Customer to LE CANTINE DI FIGARO – SOCIETA’ AGRICOLA A.R.L. in the event of a delay in processing the order or in delivering the products covered by the contract. Cases of force majeure, unavailability of means of transport, as well as unforeseeable or unavoidable events which cause a delay in deliveries or make deliveries difficult or impossible or which cause a significant increase in the cost of delivery borne by LE CANTINE DI FIGARO. – COMPANY AGRICOLA A.R.L. will give the right to the same of:

1. split and/or postpone the scheduled delivery.
2. cancel, in whole or in part, the scheduled delivery.
3. terminate the contract even partially.

LE CANTINE DI FIGARO – SOCIETA’ AGRICOLA A.R.L. will provide timely and adequate communication of its decisions to the e-mail address indicated by the Customer and the latter, in the case referred to in letter c) will have the right to a refund, total or partial, of any price already paid, any further claim for compensation and/or compensation is excluded.

Art. 6 – Delivery costs

Shipping and delivery costs are highlighted in the cost summary.

The delivery of the products is intended at street level. In order to carry out the delivery, the presence of the Customer or his representative is always required in the place indicated by him and on the day of expected delivery. In case of absence of the Customer (or his representative), the courier will leave a second delivery notice for the following working day and a telephone number to be able to agree on a different delivery date.

In the absence of communications from the recipient, the shipment will go into storage and can be collected at the forwarder’s warehouse or in another place provided by the same for a period of 15 (fifteen) days after which the goods will be returned to LE CANTINE DI FIGARO. – SOCIETA’ AGRICOLA A.R.L. In such cases, LE CANTINE DI FIGARO – SOCIETA’ AGRICOLA A.R.L. will have no obligation to refund the Customer the amount paid in advance of the order, this being expressly waived, and will be able to charge the costs for managing the stock and returning it to the sender, which will be promptly specified to the Customer.

Terms and conditions of service

Art. 7 – Checks of the goods

Upon delivery of the goods by the courier, the Customer is required to verify that the number of packages delivered corresponds to what is indicated in the transport document and that the packaging is intact, undamaged and in any case not altered, even in the closing materials, carefully checking the presence of any signs that indicate the breakage of the goods such as, purely indicatively and not exhaustively, the leakage of liquids and/or the presence of humidity on the packaging.

Any damage to the packaging and/or products and/or the mismatch in the number of packages and/or indications must be immediately reported by the Customer, adding the words “goods accepted with reservation due to the following anomaly found: ……….” on the courier’s delivery receipt. Furthermore, the Customer, under penalty of forfeiture, undertakes to promptly communicate, and in any case no later than 8 (eight) days from the date of delivery to LE CANTINE DI FIGARO – SOCIETA’ AGRICOLA A.R.L. all possible disputes regarding the physical integrity, correspondence or completeness of the products received. The notification must be made by registered letter with return receipt and must be accompanied by at least one photo of the product and its packaging.

Art. 8 – Invoicing

LE CANTINE DI FIGARO– SOCIETA’ AGRICOLA A.R.L will issue a regular non-fiscal document for the products purchased by the Customer.

If the Professional Customer requests the accompanying invoice, he must also indicate the VAT number. No changes to the invoice will be permitted after it has been issued. The Customer, therefore, is responsible for the correctness of the information provided at the time of the order.

Art. 9 – Limitations of liability

The Customer exempts LE CANTINE DI FIGARO.– SOCIETA’ AGRICOLA A.R.L. from any and all contractual or non-contractual liability for direct or indirect damage to people and/or things, caused by non-acceptance, even partial, of an order.

LE CANTINE DI FIGARO.– SOCIETA’ AGRICOLA A.R.L. is not liable for damages, even to third parties, possibly caused as a result of its own slight negligence.

Except in cases of fraud and gross negligence, LE CANTINE DI FIGARO.– SOCIETA’ AGRICOLA A.R.L. cannot be held liable, for any reason or title, for sums exceeding those paid by the Customer in execution of the contract.

Any guarantee for any defects in the products sold resulting from poor conservation of the same by the Customer is also expressly excluded. In this regard, the Customer acknowledges that the products marketed by LE CANTINE DI FIGARO.– SOCIETA’ AGRICOLA A.R.L. must be stored in conditions suited to their nature. Where wine is concerned, however, the bottles containing it must preferably be left in a horizontal position, in environments with poor lighting and at a constant temperature never exceeding 25°C, since otherwise its characteristics and in particular the volatile components could be compromised. , which can irreparably deteriorate.

Art. 10 – Exercise of the right of withdrawal

The Consumer Customer has the right to withdraw from the product purchase contract without any penalty within 14 (fourteen) working days from receipt of the goods and upon written communication to be sent by registered mail with return receipt (or by e-mail, fax or telegram provided followed by registered letter with acknowledgment of receipt within the following forty-eight hours) to LA CANTINA DEI COLLI RIPANI – S.C.

It is not permitted to exchange a single bottle of wine or multiple bottles of wine, or another product chosen for other packages without additional costs.

In the communication, the Consumer Customer must indicate the product or products for which he intends to exercise the right of withdrawal, the order number and order date, the invoice number and his IBAN code. Afterwards, you will be able to send back the goods subject to withdrawal.

The right of withdrawal, in addition to compliance with the above, is considered exercised correctly if the following conditions are fully satisfied:

• 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 costs for returning the products will be borne by the Consumer Customer, including liability in the event of loss or damage to the products.

Having verified the integrity of the returned product and its conformity to the order processed, LA CANTINA DEI COLLI RIPANI – S.C. will reimburse the Consumer Customer, via bank transfer, the sums collected as quickly as possible and, in any case, within 15 (fifteen) days from the date on which the refund took place.

Failure to comply with the conditions and methods of exercising the right of withdrawal as set out above will not give rise to any refund, the contract remaining perfectly valid and effective.

The right of withdrawal is reserved only for natural persons, previously defined as “consumers”. The professional customer is therefore excluded from the right to exercise the right of withdrawal.

Art. 11 – Industrial and intellectual property

The contents of the Site are protected and safeguarded by current regulations on copyright and industrial property rights. Any and all extrapolation and reuse of what is present on the Site is prohibited, unless expressly authorized by LE CANTINE DI FIGARO – SOCIETA’ AGRICOLA A.R.L. In particular, by way of example but not limited to, the extraction and reuse of texts, photographs, films, databases, reproductions, drawings, and any graphic representation present both on the labels and on the packaging is prohibited.

The Customer is also informed that on the Site may be found trademarks, domain names, company names, companies, and signs of third parties with which LE CANTINE DI FIGARO – SOCIETA’ AGRICOLA A.R.L. has commercial collaboration relationships. They have the same protection granted to the distinctive signs of LE CANTINE DI FIGARO – SOCIETA’ AGRICOLA A.R.L. by current regulations on the matter.

Informativa sulla privacy

Art. 12 – Processing of personal data

LE CANTINE DI FIGARO – SOCIETA’ AGRICOLA A.R.L. will process the personal data provided by the Customer for the online purchase of products, in compliance with the legislation on the protection of personal data (Code regarding the protection of personal data – Legislative Decree no. 196/2003 and subsequent amendments) and in predominantly electronic form. The processing will have as its object the operations, or the set of operations (such as but not limited to: collection, recording, organisation, conservation, processing, communication, modification, selection, use, cancellation, destruction), concerning the personal data provided by the Customer when completing and sending the purchase order online.

The treatment can be carried out:

1. to fulfill tax and accounting obligations or other legal obligations;
2. for the management and execution of the contract as well as for the fulfillment of the obligations deriving from and connected to the contract, such as, by way of example but not limited to, the execution of transport services.

With respect to the purposes referred to in points 1) and 2), the provision of data, although optional, is necessary for the execution of the online purchasing service and any refusal to provide it makes it impossible for LE CANTINE DI FIGARO. – SOCIETA’ AGRICOLA A.R.L. to provide the same. To carry out the treatments referred to in points 1) and 2) above it is not necessary to obtain the Customer’s consent.

For the correct carrying out of the aforementioned activities, mainly those who act as data controllers of LE CANTINE DI FIGARO – SOCIETA’ AGRICOLA A.R.L. will have access to the data. for the purposes indicated above as well as for those connected to institutional tasks (e.g. IT service providers, data entry, transport and delivery).

The data controller is LE CANTINE DI FIGARO.– SOCIETA’ AGRICOLA A.R.L.

In relation to the data processed, the Customer has the right at any time to exercise the rights recognized by the art. 7 of Legislative Decree no. 196/2003 and, in particular, to obtain a copy of the data processed, to request its updating or rectification or integration or cancellation as well as its transformation into anonymous form or blocking for processing in violation of the law and, finally, to oppose the processing for legitimate reasons.

To exercise these rights, the Customer can write to LE CANTINE DI FIGARO – SOCIETA’ AGRICOLA A.R.L. at the registered office of Contrada Colle del Giglio snc – 63065 Ripatransone (AP), to the attention of the Data Processor.

Legal notice

Art. 13 – Jurisdiction and competent court

The sales contract between the Customer and LE CANTINE DI FIGARO – SOCIETA’ AGRICOLA A.R.L. must be considered concluded in Italy and governed by Italian law.

Any dispute that may arise relating to the application, execution, interpretation and violation of the contract will be the exclusive jurisdiction of the Court of Fermo.

Pursuant to and for the purposes of articles 1341 and 1342 of the Civil Code. the Customer declares to specifically accept the clauses set out in these General Conditions of Sale referring to: Art. 2 – Method of purchase and acceptance of the general conditions of sale; Art. 3 – Prices and availability of products; Art. 5 – Shipping methods, terms and risks; Art. 6 – Delivery costs; Art. 7 – Verification of the goods; Art. 9 – Limitations of liability; Art. 10 – Exercise of the right of withdrawal; Art. 13 – Jurisdiction and competent court.