Terms and conditions of on-line sale
Ver. 1.0 May 23, 2021
1.1 These general conditions of sale (hereinafter called “Conditions of sale”) discipline the contracts concluded between the Società Semplice Agricola CA ‘DEL BAIO di Giulio Grasso Via Ferrere Sottano, 33 – 12050 – Treiso (CN) – Italy, PI and Tax Code 03875530044 R.E.A. N. VR 396185 (hereinafter called “Seller“) and the User (hereinafter also “User“, as defined in paragraph 1.2) through the website www.baiofamilymembers.com.com (“Site“), concerning the goods indicated in the catalog of the site itself (hereinafter also the “Products”). Minors under the age of 18 or, in any case, Users who are under the minimum legal age – as established by the applicable law – to purchase alcoholic products, cannot make purchases on the Site. The User who purchases on the Site undertakes to release the Seller from any liability in the event that he made purchases on the Site without respecting his national law regarding purchase limits for reasons of age. The registration credentials on the Site must be used exclusively by the User and cannot be transferred to third parties.
1.2 Users of the Site are members of the “Wine Club CA ‘DEL BAIO“, to which it is possible to register only: a) upon express invitation by the Seller; b) by means of a registration request using the form on the Site that the Seller reserves the right to accept or not at its discretion. Users can be Consumers or Traders. Pursuant to art. 3 of Legislative Decree 206/2005 and subsequent amendments (“Consumer Code”):
a) Consumer means: “the natural person who acts for purposes unrelated to entrepreneurial, commercial, artisanal or professional activities” eventually carried out;
b) Trader means: “the natural or legal person who acts in the exercise of his own business, commercial, craft or professional activity, or his intermediary.”
1.3 The User is required to verify and know the Conditions of Sale and any other information that is communicated to him by the Seller.
2.1 The User is informed that:
a) the Seller of the Products is the Società Semplice Agricola CA ‘DEL BAIO di Giulio Grasso Via Ferrere Sottano, 33 – 12050 – Treiso (CN) – Italy P.I. and Tax Code 03875530044 R.E.A. VR No. 396185;
b) the Seller can be contacted by e-mail at email@example.com or by telephone at 0173-638219;
c) the essential characteristics of the Products sold by the Seller are those indicated in the online catalogue of the Site at the time of consultation;
d) the technical phases of the conclusion of the contract are those described in paragraph 3.1;
e) transportation costs are calculated in accordance with the procedures set out in paragraph 3, V);
f) the payment of the Products is made by credit card with a certified cryptographic system;
g) if the User is a Consumer he has the right of withdrawal under the conditions set out in paragraph 6), if the User is a Trader the right of withdrawal is excluded;
h) the Products contained in the online catalogue are offered at the conditions and prices indicated on the Site; any related changes will be brought to the attention of the User in the same manner;
i) the Products comply with the relevant Italian and European Union regulatory requirements.
3. HOW TO ORDER
3.1 The order of Products from the online catalogue of the Site takes place according to the following steps:
I) the User chooses the Product he intends to purchase from the products listed in the electronic catalogue on the site, by clicking on the appropriate “Add to cart” button.
II) The indication of the Product added to the cart is recorded in a special list of goods that the User intends to order (“Product Cart”); the User can change the quantities or delete Products.
III) The User approves the list of selected goods by clicking on the appropriate “Proceed with purchase” button.
IV) Before sending the order, the User must read and accept the conditions of sale and give his consent to the processing of personal data.
V) The User enters the required data in the appropriate form and the system calculates the amount of shipping costs which vary according to the weight of the Products chosen and the destination.
VI) The User then chooses the method of payment (credit card) and expresses his consent to the purchase by clicking on the “Confirm Order” button. The User can always change the order before it is forwarded by clicking on the “Change order” button.
VII) The contract is concluded when the User receives the order confirmation from the Seller via e-mail. The concluded contract will be stored electronically on the Seller’s servers and may be accessible to the User at the request of the latter to be made by e-mail to the addresses indicated above.
4. PRICES AND EXECUTION OF THE CONTRACT
4.1 The prices of the Products indicated in the online catalogue are expressed in euros and include VAT.
4.2 The prices indicated do not include shipping costs which are calculated before sending the order in accordance with the procedures set out in paragraph 3, V).
4.3 The Seller undertakes to perform the contract within 30 days from the day following the transmission of the order. In case of an even temporary unavailability of the Product, the Seller will promptly inform the User via email and will have the right to declare the contract terminated. In this case, the Seller will have to reimburse the User for the sums already paid within 14 days from the communication with which the User was informed of the unavailability of the Product.
4.5 The products are shipped by express courier.
4.6 In the event of unavailability of the Products ordered, the User will be promptly informed by e-mail and the purchase order may be canceled at the express request of the User. In case of cancellation of the order, the User will be reimbursed for the costs incurred.
4.7. In case of Users not resident in the European Union, all customs duties and charges will be borne by the User.
5.1 As a rule, the Seller makes shipments to the address indicated by the User within approximately 5 working days from the day he receives the order. In case of payment by bank transfer, the shipment will take place once the transfer has been received by the Seller. In the event of any unforeseen events, the User will be notified by e-mail.
5.2. The User is obliged to check at the time of delivery by the shipper: a) that the Products are intact (for example, damaged/open packaging), b) that the Products quantity corresponds to the order; c) that the Products have no obvious defects. If there are any of the defects or deficiencies mentioned above, the User must ensure that the shipper acknowledges the aforementioned damage or shortcomings in the delivery note and must also promptly notify the Seller by email.
5.3. In the event of delay in the delivery of the Products by the shipper, the User is required to promptly inform the Seller who, in turn, will contact the shipper.
6. RIGHT OF WITHDRAWAL
6.1 The Consumer User has the right to withdraw from any contract concluded with the Seller, without any penalty and without specifying the reason, within 14 days from the day in which he got physical possession of the Products purchased. The right of withdrawal for the Trader User is excluded. The withdrawal of the Consumer User is also excluded when the purchase concerns Products that risk deteriorating or expiring rapidly or in the case of customized Products or in the case of Products which by their nature cannot be returned.
6.2 To exercise the right of withdrawal, the Consumer User must in the terms indicated above:
• send an explicit declaration of the decision to withdraw by e-mail (click here to download the withdrawal form) to the following address: firstname.lastname@example.org or by registered letter with acknowledgment of receipt to the following address: VIA FERRERE 33 -12050 TREISO;
• the registered letter is considered to have been sent on time, if delivered to the accepting post office within the term indicated above.
6.3 An essential condition for exercising the right of withdrawal is the substantial integrity of the Products, which must be returned exactly in the condition they were received (in particular, the bottle must not have been opened in any way) and with unaltered guarantee seal if any is present. The Products must also include their original packaging.
6.4 The methods for returning the goods, in case of withdrawal, are as follows:
1. The User must communicate to the Seller by e-mail at email@example.com the methods of returning the Products;
2. The Seller responds, by e-mail, to the User indicating the transportation ’s method it deems most appropriate;
3. The User is required to return the Products within 14 days from the notice of withdrawal. For the purposes of the expiry of the term, the Product is considered returned when it is delivered to the post office in charge of transport or to the forwarder.
6.5 The costs of returning the Product to the Seller are borne by the User who exercises the right of withdrawal.
6.6 The Seller reserves the time necessary to check the conditions of the returned Products before reimbursing the sums paid to the User. If the conditions are met, the Seller will refund the payment to the User within 14 days from the date it became aware of the User’s exercise of the right of withdrawal.
6.7 Refunds are made in the same manner the User made the payment. Credit card crediting times depend exclusively on the banking system and the credit card payment service provider. Once the credit order has been arranged, the Seller cannot be held responsible for any delays or omissions in the credit by the payment service manager.
6.8 The Seller reserves the right to withhold the refund until it has received the Products or until the Consumer User has demonstrated that he has shipped the Product, whichever occurs first.
a) Warranty for the Consumer User
The Consumer User has the right to avail himself of the legal guarantee provided by the Consumer Code in articles 128 to 132. The User will have the right to restore the conformity of the Product by replacement, or, if this is not possible, to a price reduction purchase or termination of the contract in accordance with the provisions of art. 130 of the Consumer Code. The Seller is liable for defects if they occur within 2 years from the date of delivery of the Product. To benefit from the legal guarantee, the User has the burden of reporting the defect within two months of its discovery by notifying the Seller via email firstname.lastname@example.org or by registered letter with return receipt.
b) Guarantee for the Trader User
The Professional User, as defined in art. 3 of the Consumer Code, has the right to avail itself of the legal guarantee provided for in the Civil Code. This guarantee provides that the non-consumer user, under penalty of forfeiture, reports to the seller any lack of conformity found in the purchased product within 8 (eight) days of discovery. The above legal guarantee is valid for a maximum period of 12 (twelve) months from delivery of the Product. Beyond this deadline, therefore, the Seller will not be responsible for any lack of conformity found by the non-Consumer User. The User has the duty to report the defect within the aforementioned period by notifying the Seller via email email@example.com or by registered letter with return receipt.
c) “Wine that tastes like cork”
Without prejudice to the terms and forfeits referred to in points a) and b) above, in the specific case the User believes that the “wine tastes like a cork”, the latter must return the defective Product to the Seller, together with all the accessories. In particular, the original cap and bottle must also be returned, with a percentage of drink higher than half.
When the Seller receives the Products deemed defective, he will examine them as soon as possible, searching for the TCA (trichloroanisole), responsible for the possible deviation of the cork.
If the Seller ascertains the defectiveness or non-conformity of the Products, it will replace at its own expense or refund the defective or missing Products.
In the event of a refund, the Buyer will be reimbursed within thirty (30) days after confirmation, for the amount corresponding to the price of the Products purchased and the amount of shipping costs for the return of the Products by the User.
d) In all cases, in order to take advantage of the warranty, it is recommended to send all documentation proving the defect as well as the purchase documentation.
The guarantees will not apply if the defect and / or defect reported are due to the fault, negligence or willful misconduct of the User, or to causes attributable to the User and in any case not attributable to the Seller, including, by way of example and not limited to, the inadequate storage of the Products (for example at unsuitable temperatures and places according to practice related to wines products, etc.), tampering, modifications and / or variations not authorized by the Seller.
8. FORCE MAJEURE
8.1. Force Majeure means the occurrence of an event or circumstance (“Force Majeure Event”) that prevents or impedes a party from performing one or more of its contractual obligations, if, and to the extent that, the party affected by the event (“Affected Party “) proves:
a) that such impediment is beyond its reasonable control,
b) that the event could not reasonably have been foreseen at the time of the conclusion of the contract, and
c) that the effects of the impediment could not reasonably have been avoided or overcome by the Affected Party.
8.2 When a party fails to perform one or more of its contractual obligations due to the non-fulfillment of a third party, appointed by the party to execute the contract in whole or in part, the contracting party may invoke Force Majeure only to the extent that the requirements of referred to in paragraph 1 are satisfied for both the party and the third party.
8.3 In the absence of proof to the contrary, the following events affecting a party shall be presumed to fulfil conditions (a) and (b) under paragraph 1 of this clause, while that party will only have to prove the existence of condition (c) under paragraph 1: wars, natural disasters or extreme natural events, pandemics, strikes (for example by freight forwarders, couriers), explosion, fire, destruction of equipment, prolonged suspension of transport, telecommunications or energy, etc.
8.4 The Affected party shall give notice of the event without delay to the counterparty.
8.5 A party successfully invoking this Clause is relieved from its duty to perform its contractual obligations and from any liability in damages or from any other contractual remedy for breach of contract, from the time the impediment causes inability to perform, provided that the notice thereof is given without delay. If notice thereof is not given without delay, the relief is effective from the time thereof notice reaches the other party. The other party may suspend the performance of its obligations, if applicable, from the date of the notice.
If the effect of the impediment or event invoked is temporary, the above consequences shall apply only as long as the impediment invoked impedes performance by the Affected party. The Affected Party must notify the other party as soon as the impediment ceases to prevent the performance of its contractual obligations.
The Affected Party is required to take all reasonable measures to limit the effects of the invoked event on the performance of its contractual obligations.
8.6 If the duration of the impediment invoked has the effect of substantially depriving one or both contracting parties of what they were reasonably entitled to expect under the contract, each party has the right to terminate the contract by notification within a reasonable period to the other party. Unless otherwise agreed, the parties expressly agree that the contract may be terminated by each of them if the duration of the impediment exceeds 120 days.
9. APPLICABLE LAW AND JURISDICTION
9.1 Italian law applies to these conditions of sale.
9.2 Any civil dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated online through the Site is subject to the mandatory territorial jurisdiction of the judge of the place of residence or domicile of the Consumer. In the case of Traders, the exclusive competent court will be that of Cuneo.