GENERAL CONDITIONS OF SALE FOR ONLINE PURCHASES ON THE WEBSITE http://www.tmwines.it/en
Tenuta Montemagno Società Agricola SPA, registered office in 20122 Milan, Via Turati 29 and operative headquarter in Via Cascina Valfossato 9, 14030 Montemagno (AT) – Italia, ID/VAT Number 05089970965, allows the Customer to purchase through internet the products available on the website http://www.tmwines.it/en and on any mobile application connected to it of which Tenuta Montemagno Società Agricola SPA,is the sole and exclusive owner.
Article 1 APPLICABILITY
1.1 The Italian Consumer Code (Legislative Decree No. 206/2005), the E-commerce Regulation (Legislative Decree No. 70/2003) and, residually, the articles of the Italian Civil Code govern these General Conditions of sale which apply exclusively to online purchases of Tenuta Montemagno’s catalogue and/or customized Products put on sale on the website http://www.tmwines.it/en. In case of amendments of these General Conditions of sale, those published on the website http://www.tmwines.it/en at the time of the Order’s issuance by the Customer are applicable.
Article 2 ORDERS , CONCLUSION OF THE CONTRACT AND FULFILLMENT OF THE ORDER
2.1 Purchases on the website http://www.tmwines.it/en are allowed either to Customers/Consumers (natural persons who purchase for purposes other than those related to commercial activity, craftsmanship, business activity, professional activity, pursuant to Article 3, clause 1, letter a) of the Italian Consumer Code) or Customers/Professionals who act for businesses purposes according to Article 3, clause 1, letter c) of the Consumer Code. VAT number- Customers are always included in Customers/Professionals category.
2.3 Tenuta Montemagno shall send to the Customer, via email at the email address indicated, the order confirmation receipt containing the hyperlink to the General Conditions of sale and the summary information regarding the ordered Products, the price indication, the payment method used, the shipping cost and any potential additional cost and the contacts for the Customer Service. The access to the personal page summarizing the orders allows the Customer to view his/her Order and other orders processed in the past.
2.4 The contract shall be considered as concluded once Tenuta Montemagno sends to the Customer the order confirmation receipt.
2.5 Tenuta Montemagno has the faculty to carry out verifications concerning the regularity and the fairness of the Order sent by the Customer in order to ascertain any unlawful conduct (also regarding the Customer legal age), fraud in the use of the credit cards, abnormal purchases and other potential fraudulent activities. In particular, according to Article 1456 of the Civil Code, Tenuta Montemagno has the right to terminate the contract (with refund to the Customer of the total amount already paid) in these following cases: a) the Tenuta Montemagno ’s security systems qualify the order submitted by the Customer as abnormal or fraudolent in relation to the type and/or the quantity of the purchased products or the frequency of the purchases on the website; b) the credit/debit cards or the PayPal account used for the payment result cloned/counterfeited/stolen or there is a reasonable doubt that the purchase was not made by the holder of them; c) the Customer is underage or the invoicing information provided by the Customer are incorrect or unverifable.
2.6 In case of payment with PayPal/credit card/debit card, the Order will be processed only after confirmation of the accredit of the total amount due as price and shipping cost.
2.7 The fulfillment of the Order is subject to the actual availability of the Products: it is possible that one or more ordered Products are not temporarily available between the moment of the Order’s shipment and the confirmation of the order from Tenuta Montemagno. Tenuta Montemagno shall in a timely manner communicate the unavailability to the Customer, who, at his/her option, may: - wait for the availability of the Products (not available) within a period of maximum 15 days from the day of the Order giving notice to Tenuta Montemagno; or - request the cancellation of the Order with reimbursement of the already paid amount (excluded any other reimbursement or compensation chareged by Tenuta Montemagno) which will be credited on Paypal account, as it will be communicated by the Customer, within a maximum of 14 days from the request of withdrawal. Tenuta Montemagno cannot be held responsible for any delay of the credit imputable to the bank or PayPal system. In any case, the data of the credited amount will be the same as the data of the debit.
Article 3 PRICE AND PAYMENTS
3.1 The prices are in Euros and they include VAT. It is faculty of Tenuta Montemagno to revise the prices without prior notice: it is understood that the Price charged to the Customer will be the one present on the website http://www.tmwines.it/en at the moment of the Order’s shipment, as reported on the Order confirmation screen. The amount of the price and the shipping rates are shown on the website.
3.2 Tenuta Montemagno keeps the full property of the Products until the entire payment and the potential expenses have been made in full.
3.3 The payment methods available to the Customer are indicated in the website http://www.tmwines.it/en. Payment methods other than those available at the moment of the filling of the online order form are not accepted.
3.4 In case the Customer opts for the PayPal payment methods (or credit card with payment management through PayPal) shall be redirected to an external web page belonging to PayPal website where the Customer will be able to accede through login systems exclusively manage by Paypal. The data entered on PayPal will be processed directly by the company itself and they will not be transmitted or shared with Tenuta Montemagno which declines any liability for an improper use of this payment method. In event of cancellation of the order and in any case of reimbursement, the amount paid to Tenuta Montemagno will be credited to the Customer account on PayPal. Once the credit order is placed, Tenuta Montemagno will not be held responsible for any delays or omissions in the credit of the refunded amount connected with PayPal’s site management.
3.5 In case of bank transfer, the Order will be processed within 3 days from the credit of the Price and expenses on the bank account headed to Tenuta Montemagno at the IBAN coordinates indicated in the website http://www.tmwines.it/en.
Article 4 SHIPPING AND DELIVERY
4.1 The shippings shall be delivered by express courier from Monday to Friday, during the normal office hour, except national holidays. The shipping shall take place within 30 days from the confirmed Order and payment, in case the latter is not concomitant with the former. Without prejudice to the Customer/Consumer’s rights under the provision of Article 61 of the Consumer Code.
4.2 Tenuta Montemagno shall carry out, where it is possible, a single delivery of all the Products of the Order, in case of more than one product ordered. Tenuta Montemagno reserves the right to carry out - within maximum 30 days from the confirmed Order - staggered deliveries in case some Products are temporarily unavailable. In this case Tenuta Montemagno shall inform the Customer by email. No additional shipping costs will be charged.
4.3 The shipping is considered occurred in the moment the Products are made available to the Customer at the address specified in the Order form.
4.4 At the delivery, the Customer shall verify that every pack and packaging containing the Products is intact, undamaged or not wet and that the number of packages corresponds to that reported in the document delivered personally by the courier. Any protest shall be communicated immediately and shall be reported in written form on the delivery document and countersigned by the carrier. In case at the moment of the delivery the Customer observes a visible damage in the packaging, he/her shall accept the package with reservation signing the document delivered by the carrier in the appropriate “acceptance with reservation” box. The Customer is advised to reject the package in case a potential damage to the Products is visible without opening the packaging. Tenuta Montemagno cannot be held responsible for damages to the Products if the damage of the packaging or delivered package has not been promptly contested to the carrier.
Article 5 THE RIGHT TO WITHDRAW AND THE LEGAL WARRANTY IN CASE OF CUSTOMER/CONSUMER
5.1 The right of withdraw is excluded pursuant to Article 59 of the Consumer Code, for the purchase of Products that are likely to deteriorate or expire rapidly and sealed Products which are not suitable to be returned for hygienic reasons or connected to the protection of health or that were opened after the delivery.
5.2 With reference to the above cases where the right of withdraw is excluded the Customer/Consumer, in particular, is aware and agrees that among the Products that “are likely to deteriorate or expire rapidly” and that “are not suitable to be returned for hygienic reasons or connected to the protection of health” are included all food Products including wines, spirits and beverages, because the features and the qualities of these types of Products are subject to change even as a result of improper storage. Therefore, for reasons of hygene and for the protection of public health, the right of withdraw applies only to Products purchased on the website that may be returned to Tenuta Montemagno and remarketed without danger to the health of the consumers (e.g. books, gadgets, objects). In case of exclusion of the right of withdraw, Tenuta Montemagno shall return the purchased Products to the Customer, charging the shipping cost to him/her.
5.3 The Customer/Consumer, without prejudice to the exceptions abovementioned, may withdraw from the contract without any penalty and without explaning the reason in accordance with and for the purposes of Articles 52 and following of the Consumer Code. The Customer/Consumer exercises the right of withdraw sending the withdrawal form (insert the link to the form) or a written communication in which the Customer/Consumer explicitly declare the will to withdraw, within 14 days from the moment in which the Customer/Consumer (or a designated Customer/Consumer Third Party) acquire the physical possession of the Products for which the Customer/Consumer means to request the withdrawal. The withdrawal Form or the communication are sent by email at the email address firstname.lastname@example.org or through a registered letter with return receipt addressed to Tenuta Montemagno Società Agricola Spa, Via Cascina Valfossato 9, 14030 Montemagno (AT) – Italia. The withdrawal communicated by email shall be in any case confirmed by the Customer/Consumer through registered letter with a return receipt sent within the following 48 hours. Within the undelayable term of 14 days from the date in which he/she has communicated the withdrawal, the Customer/Consumer shall return the Products bearing the expenses, in an intact and undamaged packaging, to Tenuta Monte Magno S.r.l., Via Cascina Valfossato 9, 14030 Montemagno (AT) – Italia, Packages with cash on delivery will not be accepted. The Customer/Consumer shall only bear the expenses for the return of the Products to Tenuta Montemagno. Tenuta Montemagno will, as soon as possible, and in any case within 14 days from the day when it has been informed of the decision of the Customer/Consumer to withdraw from the contract according to Article 54 of the Consumer Code, credit the Customer/Consumer all the payments received by him/her self, including any delivery cost (except for the additional cost resulting from the Customer/Consumer’s choice of a delivery methods other than the less expensive standard delivery methods offered by Tenuta Montemagno). The reimbursement shall be carried out using the same payment method used by the Customer/Consumer for the commercial transaction, unless the Customer/Consumer has specifically requested a different method. In any case, the Customer/Consumer will not bear any cost as a result of this refund. The reimbursement may be suspended until the receiving of the Products by Tenuta Montemagno or until the demonstration of having returned the Products by the Customer/Consumer, if previous.
5.4 The Customer/Consumer benefits from the legal warranty in case of lack of conformity of the Products according to Articles 128-135 of the Consumer Code. To enjoy the assistance of the legal warranty, the Customer/Consumer shall keep the invoice that he/her will received from Tenuta Montemagno. The legal warranty in favour of the Customer/Consumer covers the lacks of conformity existing at the moment of the delivery of the Products which have occurred within two years from the delivery of the Product itself, unless the Product by its nature is perishable or subject to expire in a shorter term, in which case the legal warranty shall be valid within that reduced time. The lack of conformity shall be communicated by Customer/Consumer to Tenuta Montemagno through registered letter sent to Tenuta Monte Magno Società Agricola Spa, Via Cascina Valfossato 9, 14030 Montemagno (AT) – Italia, within 60 days from the date in which the Customer/Consumer discovered the defect, unless the Product by its nature is perishable or subject to expire in a shorter term, in which case the defect shall be reported within that reduced time. The lawsuit against Tenuta Montemagno is limited in any case within 26 months from the delivery of the Product. In case of lack of conformity, the Customer/Consumer is entitled to the substitution of the Product according to Article 130 of the Consumer Code. After receiving the notice, Tenuta Montemagno shall contact the Customer/Consumer to communicate the modality to return the Product. Tenuta Montemagno shall send its own courier to pick up the Products without any additional cost for the Customer/Consumer. The Products considered to be defective by the Customer/Consumer shall be returned “almost full”, well-sealed, so that there is not lackage during the transport, and with the original caps and/or wrapping and possibly in the original package, complete in all its part. Empty or half-empty packages will not be refund. Once the Product returned by the Customer/Consumer has been checked, Tenuta Montemagno shall replace it and proceed to the shipment of the Product itself, without prejudice to what established in Article 130 of the Consumer Code. In case, after the verifications carried out by Tenuta Montemagno, the lack of conformity complained has not been identified pursuant to Articles 128 and following of the Consumer Code, the Customer/Consumer will be charged with the potential verification costs, as well as the shipping costs, if borne by Tenuta Montemagno.
5.5 In case of purchase carried out by a Customer/Professional, in case of defects and lacks, the legal guarantees pursuant to Articles 1490 and following of the Civil Code will be exclusively applicable.
Article 6 APPLICABLE LAW AND COMPETENT COURT
6.1 The Italian Law applies to these General Conditions of sale and to the purchase agreements related to them; international conventions or other soft law rules or international private law rules connected with the law applicable to the sale of goods and/or services are excluded.
6.2 Any dispute arising out in connection with these General Conditions of sale and with purchase agreement regulated by them, shall be exclusively submitted to the jurisdiction of the Court of Milan, without prejudice to the binding rules of the Consumer Code in presence of Customer/Consumer, in which case the mandatory court will be that of residence of the Customer/Consumer.