Returns and refunds

Given:

• that the Seller manages the website www.enotecaproperzio.it (hereinafter the "Site");
• that the site is intended for commercial transactions between entrepreneurs and consumers (B2C);
• that the expression "General Conditions of Online Sale" means the sales contract relating to the Seller's consumer goods stipulated between the latter and the Buyer within the framework of a distance selling system organised by the Seller;
• that the trademark and logo relating to the site are the exclusive property of the Seller;
• that these conditions of sale govern online sales between Enoteca Properzio s.r.l. and the Buyer who expressly declares that the purchase is made for purposes that do not fall within the scope of his commercial, industrial, artisanal or professional activity;
• that these premises constitute an integral and substantial part of the contract;
  

the following is agreed:

1. Object of the contract

1.1. These general conditions, which are made available to the Buyer for reproduction and conservation pursuant to art. 12 of Legislative Decree no. 70 of 9 April 2003, concern the purchase of products, made remotely and via electronic means, via the Seller's website.

1.2. With this contract, the Seller sells and the Buyer purchases remotely the products indicated and offered for sale on the Seller's website.

1.3. The main characteristics of the products referred to in the previous point are illustrated on the Seller's website. The image accompanying a product may not be perfectly representative of its characteristics.

1.4. The Seller undertakes to supply the selected products – within the limits of their availability – upon payment of a fee as per art. 3 of this contract.

2.Acceptance of the conditions of sale

2.1. All purchase orders will be forwarded by the Buyer to the Seller by completing the indicated purchase procedure.

2.2. These general conditions of sale must be reviewed online by the Buyer before completing the purchase procedure. Therefore, the forwarding of the purchase order by the Buyer implies full knowledge of the same and their full acceptance.

2.3. By electronically sending confirmation of their purchase order, the Buyer unconditionally accepts and undertakes to observe, in their dealings with the Seller, the general and payment conditions illustrated below, declaring that they have read and accepted all the information provided by the Seller pursuant to the aforementioned provisions, also acknowledging that the Seller does not consider itself bound by different conditions unless previously agreed in writing.

2.4. Acceptance of the terms and conditions of sale must be expressed by accurately completing all sections of the electronic form, following the on-screen instructions and, finally, selecting the boxes relating to ACCEPTANCE OF TERMS AND CONDITIONS OF SALE and PRIVACY POLICY, thereby fully accepting the contents of these documents.

3. Purchase methods and sales prices

3.1. The sales prices of the products on the Site are expressed in euros and are subject to express confirmation via email by the Seller, which constitutes acceptance of the purchase order.

3.2. Product prices published on the homepage or in the various sections of the Site include VAT. Shipping costs vary depending on the item chosen and the destination country selected and will be calculated and made visible to the Buyer when placing the order. The total cost of shipping to the Buyer's home is the Buyer's responsibility, subject to exceptions and exemptions that will be specifically advertised on the site and/or communicated via email. The cost is, in any case, disclosed to the Buyer before confirming the purchase order.

3.3. The product chosen by the Buyer from the electronic catalogue on the website www.enotecaproperzio.it can be added to the electronic shopping cart without obligation. The contents of the cart can be viewed, modified, or deleted at any time. After confirming the cart, the Buyer must correctly complete the request form in all its parts and indicate their agreement to purchase online. The order process can be interrupted at any time by closing the browser window.

3.4. Receipt of the order does not bind the Seller until the latter has expressly accepted the order via email. The Seller will formally confirm and accept the order by email containing a summary of the order details, after verifying the availability of the chosen product.

3.5. The Buyer expressly grants the Seller the right to accept the order, even partially (for example, if not all the products ordered are available). In this case, the contract will be deemed to have been perfected in relation to the goods actually sold.

4. Conclusion of the contract

4.1. The Contract stipulated through the Site is deemed concluded when the Buyer receives, via email, the formal order confirmation, through which the Seller accepts the order sent by the Buyer and informs the Buyer that it can proceed with its processing. The Contract is concluded at the Seller's registered office.

4.2. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that each order sent is stored in digital/paper form on the server/at the Supplier's headquarters according to confidentiality and security criteria.

5. Payment methods

5.1. All payments by the Buyer may only be made using one of the methods indicated: advance payment by bank transfer, online payment by credit card, or PayPal.

6. Delivery methods

6.1. Except for the buyer collecting the goods from the seller's premises, the seller will deliver the selected and ordered products to the buyer at the address indicated by the buyer, in accordance with the methods set forth in the previous articles, using trusted couriers and/or shipping agents. Deliveries will take place in the countries indicated on the seller's website, to which reference is made, and will be made, depending on the item selected and the destination country, within the timeframes indicated on the seller's website and in the confirmation email sent to the buyer. In the event that the seller is unable to ship within the timeframes indicated therein, the buyer will be promptly notified by email.

If the buyer requests shipment of the product to countries other than those indicated and the seller agrees, the shipping and payment methods and related costs will be agreed upon between the parties from time to time and are in any case the responsibility of the buyer.

6.2. If the Buyer is absent at the time of delivery, a note will be left with the necessary information to contact the courier or shipping agent to arrange delivery.

6.3. The Seller will not be responsible for delays or failure to deliver due to incorrect or incomplete address information provided by the Buyer.

6.4. Upon receipt of the goods, the Buyer is required to verify the conformity of the product delivered to him with the order placed; only after this verification will the delivery documents be signed, obviously without prejudice to the right of withdrawal provided for in Article 10 of these conditions.

7. Limitations of liability

7.1. The Seller assumes no responsibility for delays or failure to deliver goods due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, and other similar events that prevent, in whole or in part, the execution of the contract within the agreed timeframe.

7.2. The Seller shall not be held liable to the Buyer, except in cases of willful misconduct or gross negligence, for disruptions or malfunctions connected to the use of the Internet that are beyond the Seller's control.

7.3. The Seller shall not be liable to any party or third party for damages, losses, and costs incurred as a result of failure to execute the contract for the reasons mentioned above.

7.4. The Seller assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks, or other means of payment when paying for purchased products, provided it can demonstrate that it has taken all possible precautions based on the best knowledge and experience available at the time and based on ordinary diligence.

8. Guarantees and assistance methods

8.1. The Seller sells only original, high-quality products. In case of questions, complaints, or suggestions, the Buyer may contact the Seller via email at info@enotecaproperzio.com. To ensure prompt processing of questions, complaints, or suggestions, the Buyer must accurately describe the problem and, if necessary, attach the order documents, or indicate the order number, customer number, etc.

8.2. In the event of a lack of conformity, the provisions on the legal guarantee as set forth in Legislative Decree no. 206 of 6 September 2005 shall apply.

8.3. The guarantee applies only to the products indicated in Legislative Decree no. 206 of 6 September 2005.

9. Buyer's Obligations

9.1. The Buyer agrees to pay the price of the purchased product within the timeframe and in the manner indicated in these General Conditions.

9.2. The Buyer undertakes and undertakes, once the purchase procedure has been completed, to print and keep these general conditions—which, moreover, he or she will have already viewed and accepted as a mandatory step in the purchase procedure—as well as the specifications of the product being purchased, in order to fully satisfy the conditions set forth in Legislative Decree no. 206 of 6 September 2005.

9.3. The Buyer is strictly prohibited from entering false, invented, and/or fictitious data in the registration process using the dedicated electronic form; the personal details and email address must correspond to the Buyer's actual personal data and not those of third parties or fictitious data. The Buyer therefore assumes full responsibility for the accuracy and truthfulness of the data entered in the electronic registration form, aimed at completing the product purchase procedure.

9.4. The Buyer indemnifies the Seller from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the Buyer, the latter being solely responsible for the correct entry of such data.

9.5 In the case of the purchase of alcoholic products, the Buyer expressly declares that he or she has reached the legal age required for the purchase of such products. Furthermore, the Buyer of alcoholic products guarantees the veracity of the documents sent to the Seller for the execution of this contract.

10. Right of withdrawal pursuant to Legislative Decree no. 206/2005

10.1. The right of withdrawal is recognized only for the products covered by Legislative Decree no. 206 of 6 September 2005.

10.2. For products for which the right of withdrawal is not excluded, the Buyer has the right to withdraw from the contract, without any penalty and without specifying the reason, within 14 (fourteen) days from the day of receipt of the purchased product. Any withdrawal must be addressed to ENOTECA PROPERZIO SRL at the address provided on the website.

10.3. In the event that the Buyer decides to exercise the right of withdrawal, he must inform the Seller of his decision to withdraw from the contract by submitting any explicit declaration (for example, a letter sent by post, fax or email). To this end, the Buyer may also use the standard withdrawal form in Annex I, Part B of Legislative Decree no. 21/2014, but it is not mandatory.

10.4. To comply with the withdrawal deadline, it is sufficient to send the communication relating to the exercise of the right of withdrawal before the withdrawal period expires. The burden of proof relating to the exercise of the right of withdrawal, in accordance with this article, lies with the Buyer.

10.5. The return of the goods must take place without undue delay and in any case within 14 (fourteen) days from the date on which the Buyer communicated to the Seller his decision to withdraw from the contract. The Buyer will only be liable for any diminished value of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

10.6. In the cases expressly provided for by art. 59 of Legislative Decree no. 206/2005, the right of withdrawal in favor of the Buyer is in any case excluded.10.7. The Buyer who exercises the right of withdrawal pursuant to this article shall bear the direct costs of returning the goods to the Seller.

10.7. The Buyer who exercises the right of withdrawal pursuant to this article shall bear the direct costs of returning the goods to the Seller.

10.8. The Buyer who exercises the right of withdrawal in accordance with the provisions will be refunded the sums already paid, including delivery costs, with the exception of additional costs resulting from the type of delivery expressly chosen by the Buyer and other than the least expensive type of standard delivery offered by the Seller. These sums will be refunded without undue delay and in any case within 14 (fourteen) days, starting from the day on which the Seller was informed of the Buyer's decision to withdraw from the contract, using the same means of payment used by the Buyer for the initial transaction, unless the Buyer has expressly agreed otherwise. Unless the Seller has offered to collect the goods himself, the Seller may however withhold the reimbursement until he has received the goods back or until the Buyer has supplied evidence of having sent back the goods, whichever is the earliest.

10.9. Upon receipt of the communication in which the Buyer informs the Seller of the exercise of the right of withdrawal, the Parties are released from their mutual obligations, without prejudice to the provisions of this article.

10.10 It is also possible to resolve a dispute on the following site to find an extrajudicial solution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=IT

11. Express termination clause

1.1 The obligations under Article 9, undertaken by the Buyer, are of an essential nature, so that by express agreement, the failure to fulfill even one of said obligations, unless caused by fortuitous event or force majeure, will result in the termination of the contract by operation of law pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial ruling.

12. Communications

12.1. Except as expressly indicated or required by law, communications between the Seller and the Buyer will preferably take place via email to their respective email addresses. Both parties will consider this a valid means of communication and the production of such emails in court cannot be contested simply because they are electronic documents.

12.2. Written communications addressed to the Seller, as well as any complaints, will be considered valid only if sent to the Enoteca Properzio s.r.l. address as indicated on the website and in this contract.

12.3. Both parties may change their email address at any time for the purposes of this article, provided they promptly notify the other party in accordance with the procedures established in the previous paragraph.

13. Processing of personal data

13.1. The Buyer expressly declares having read both the information provided for in Article 13 of Legislative Decree No. 196 of June 30, 2003 (Privacy Code) and the Site's privacy policy. The rights deriving from privacy legislation and the Seller's disclosure obligations arising therefrom are examined online, before completing the purchase procedure. Sending the order confirmation therefore implies full knowledge of the same.

13.2. The Seller protects customer privacy and guarantees that data processing complies with the provisions of the privacy legislation pursuant to Legislative Decree No. 196 of June 30, 2003.

13.3. Personal data, including personal and tax information, acquired directly and/or through third parties by the Seller, the data controller, are collected and processed in paper, electronic, and telematic form, in accordance with the processing methods for the purpose of registering the order and activating the procedures for the execution of this contract and the related necessary communications, in addition to fulfilling any legal obligations, and to enable effective management of commercial relationships to the extent necessary to best perform the requested service (Article 24, paragraph 1, letter b, Legislative Decree no. 196/2003).

13.4. The Seller undertakes to treat the data and information transmitted by the Buyer as confidential and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected, nor to transmit them to third parties. Such data may be disclosed only upon request by judicial authorities or other authorities authorized by law.

13.5. Personal data will be communicated, subject to the signing of a confidentiality agreement, only to persons delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.

13.6. The Buyer enjoys the rights set forth in art. 7 of Legislative Decree 196/03, namely the right to obtain:

a) updating, rectification, or, where applicable, integration of data;

b) deletion, anonymization, or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which it was collected or subsequently processed;

c) certification that the operations referred to in letters a) and b) have been notified, including their content, to those to whom the data was communicated or disseminated, except where such compliance proves impossible or involves a manifestly disproportionate effort compared to the right being protected.

The interested party also has the right to object, in whole or in part:

i) for legitimate reasons, to the processing of personal data concerning him/her, even if pertinent to the purpose of collection;

ii) to the processing of personal data concerning him/her for the purpose of sending advertising or direct sales materials or for conducting market research or commercial communications.

13.7. The provision of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failure to provide such data will prevent the Buyer's request from being processed.

13.8. In any case, the data acquired will be retained for a period of time no longer than necessary for the purposes for which it was collected or subsequently processed. In any case, its removal will be carried out securely.

13.9. The data controller responsible for the collection and processing of personal data is the Seller, to whom the Buyer may address any requests at the company headquarters.

14. Competent court

14.1. In the event of disputes arising from or related to this contract, the parties undertake to seek a fair and amicable settlement.

14.2. If the dispute is not resolved amicably, it will be brought under the exclusive jurisdiction of the Court in whose district the Buyer is domiciled, if located within the territory of the State, in accordance with the provisions of art. 66-bis of Legislative Decree 206/05; in the event that the Buyer is not a final consumer, it is agreed that any dispute, even in derogation of the rules relating to territorial jurisdiction, will be under the exclusive jurisdiction of the Court of Perugia.

15. Applicable law and referral

15.1. This contract is governed by Italian law.

15.2. For anything not expressly provided for herein, the laws applicable to the relationships and situations envisaged in this contract apply, and in any case, the provisions of the Civil Code and Legislative Decree no. 206 of 6 September 2005 (Consumer Code).

16. Final clauses

16.1. This contract supersedes and replaces any prior written or oral agreement, understanding, or negotiation between the parties regarding the subject matter of this contract.

16.2. The invalidity of any clauses does not affect the validity of the entire contract.

16.3. These general conditions of sale have been drafted in Italian and German. In the event of any difficulties in interpreting them, the parties agree that the Italian text will be considered authentic and effective.