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Condizioni di Vendita

introduction

This information is provided for the site www.mygroppello.com (Site) owned by Azienda Agricola Cantrina, with headquarters in Via Colombera, 7 – 25081 Bedizzole BS Italy, VAT number 02073770980 (Seller)

Art. 1. Scope of application

1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree no. 206 of 6 September 2005 (Consumer Code) and by Legislative Decree no. 70 of 9 April 2003, which contains the rules on electronic commerce.

1.2 The General Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are to be understood as working days, excluding Saturdays, Sundays and national holidays.

1.3 The General Terms and Conditions of Sale may be modified at any time. Any modifications and/or new conditions will be effective upon their publication on the Site. You are therefore invited to regularly access the Site and consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.

1.4 The applicable General Conditions of Sale are those in force on the date the purchase order is sent.

1.5 These General Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller who may be present on the Site via links, banners, or other hypertext links. Before conducting commercial transactions with such parties, you should check their terms of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties. The Seller does not carry out any checks and/or monitoring of websites accessible via such links. The Seller is therefore not responsible for the content of such sites or for any errors and/or omissions and/or violations of law by them.

1.6 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site.

1.7 Sending the purchase order constitutes acceptance of these General Conditions of Sale.

Art. 2. Purchases on the Site

2.1 Purchases on the Site

may take place after registering on the Site and is permitted to users who qualify as consumers. Pursuant to Article 3, paragraph 1, letter a) of the Consumer Code, it is recalled that a consumer is a natural person who acts for purposes outside of any entrepreneurial, commercial, professional, or artisanal activity they may carry out.

2.2 In the event of orders, from whomever they may come, that appear anomalous in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary actions to put an end to the irregularities.

2.3 The Seller reserves the right to refuse or cancel orders that come from:

Art. 3. Registration on the Site

3.1 To register on the Site, you must fill out the appropriate form, entering the following data:

3.2 You agree to inform the Seller immediately if you suspect or become aware of any improper use or disclosure of your Site login credentials.

3.3 The user registered on the Site guarantees that the personal information provided by him/her is complete and truthful and undertakes to indemnify and hold the Seller harmless from any damage, compensation obligation and/or penalty arising from and/or in any way connected to the user's violation of the rules on registration on the Site or on the storage of registration credentials and/or from the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the Seller's right to proceed with the disabling of the user's account.

Art. 4. Information aimed at concluding the contract

4.1 In compliance with Legislative Decree no. 70 of 9 April 2003, containing provisions on electronic commerce, the Seller informs you that:

Art. 5. Product Availability

5.1 The Products offered on the Site are limited in number. Therefore, due to the possibility that multiple users may purchase the same Product at the same time, the ordered Product may no longer be available after the purchase order has been submitted.

5.2 The Site contains information regarding the availability of each Product.

5.3 You will be notified if the ordered Product is unavailable. In this case, you will be entitled to terminate the purchase contract pursuant to and for the purposes of Article 61, paragraphs IV and V, of the Consumer Code.

5.4 Alternatively, you may accept:

5.5 If a refund is requested for the amount paid for the purchase of Products that subsequently prove unavailable, the Seller will make the refund within a maximum of 15 days.

5.6 If you exercise the right of termination pursuant to Article 61, paragraphs IV and V, of the Consumer Code, the contract is terminated; if payment of the total amount due, consisting of the price of the Product, shipping costs, if applicable, and any other additional costs resulting from the order, has already been made, the Seller will refund the Total Amount Due in accordance with the provisions of the "Payment Methods" article below.

Art. 6. Information Sheet

6.1 Each product is accompanied by an information page illustrating its main features (Information Sheet). The images and descriptions on the Site reproduce the Product characteristics as faithfully as possible. 

Art, 7 Price

7.1 All Product prices published on the Site are inclusive of Value Added Tax.

7.2 The Seller reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to you will be the one indicated on the Site at the time the order is placed and that any variations (increases or decreases) subsequent to the transmission of the order will not be taken into account.

7.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds with the transmission of the same.

Art. 8. Purchase orders

8.1 The Seller will ship the Products only after receiving confirmation of payment authorization or credit of the Total Amount Due. Ownership of the Products will be transferred to you upon shipment, meaning the moment the Product is handed over to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, will be transferred to you when you, or a third party designated by you and other than the carrier, physically takes possession of the Products.

The Service you have selected will be performed only after payment of the Total Amount Due. The Seller reserves the right to refuse to provide the service if, after submitting your purchase order, it is discovered that you have not paid all or part of the Total Amount Due.

8.2 The purchase agreement is terminated upon non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be cancelled.

Art. 9. Payment methods

9.1 The following payment methods are accepted on the Site:

9.2 Purchases on the Site can also be made using PayPal. If you choose PayPal as your payment method, you will be redirected to www.paypal.it where you will make the payment according to the procedure established and regulated by PayPal and the terms and conditions agreed upon between you and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller therefore has no access to, and does not store in any way, the payment card details linked to your PayPal account or the details of any other payment instrument connected to that account.

If you pay by PayPal, the Total Amount Due will be charged to you by PayPal upon conclusion of the contract via the Site. In the event of termination of the purchase contract or in any other case of refund, for any reason, the refund amount due to you will be credited to your PayPal account. The time it takes for the payment method associated with that account to be credited depends exclusively on PayPal and the banking system. Once the credit order has been placed to that account, the Seller cannot be held responsible for any delays or omissions in crediting the refund amount. You must contact PayPal directly to dispute any such delays or omissions. Any type of refund to be made pursuant to these General Terms and Conditions of Sale will be credited to your PayPal account.

9.3 If you choose bank transfer as your payment method, the Seller, upon receiving your order, will email you the bank details and the deadline for completing the transfer. The email may include a request to email a receipt of the transfer or confirmation of its completion.

In the case of payment by bank transfer, the delivery times of the Product indicated in the Product Sheet and/or on the Site will start from the date of receipt of the bank transfer by the Seller and not from the date of transmission of the order, as occurs if you choose other payment methods.

Unless otherwise agreed, the Services will be provided only after receipt of the Total Amount Due via bank transfer.

Please indicate the following information in the reason for the transfer:

You must arrange payment within 2 business days of placing your order. Otherwise, the Seller reserves the right to cancel the order within the next 2 business days.

Art. 10. Delivery of Products

10.1 There are no delivery limitations, except in cases where indicated on the Website and/or in the Product Sheet.

10.2 It is your responsibility to verify the condition of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, physically takes possession of the Product, the Seller recommends that you verify the number of Products received and that the packaging is intact, not damaged, wet, or otherwise altered, including the sealing materials. In your interest, you are invited to indicate any anomalies on the carrier's transport document, accepting the package with reservations. If the packaging shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the provisions regarding the right of withdrawal (if applicable to the Product) and the legal guarantee of conformity remain applicable.

Art. 11. Right of withdrawal

11.1 If you make a purchase on the Site, unless otherwise indicated, you do not have the right of withdrawal provided for by Article 52 of the Consumer Code with respect to the Product or Products indicated in this article. In fact, the Site sells custom-made or clearly personalized goods.

11.2 If you are a consumer, you have the right to withdraw from the Product purchase contract without having to provide any reason and without incurring costs other than those set out in this article within fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:

a. in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;

B. in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or

c. in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.

11.3 To exercise the right of withdrawal, you must inform the Seller of your decision to withdraw before the expiry of the Withdrawal Period.

11.4 You have exercised your right of withdrawal within the Withdrawal Period if you sent the communication concerning the exercise of the right of withdrawal before the expiration of the Withdrawal Period. This communication must be sent in the following manner:

Email: info@cantrina.it

Please note that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period falls on you, it is in your interest to use a durable medium when communicating your withdrawal to the Seller.

11.5 In case of exercising the right of withdrawal, you must deliver the Product to the registered office indicated in the preface to these General Conditions of Sale.

11.6 You are responsible for the direct costs of returning the Products, as well as for their transportation.

11.7 If you withdraw from the contract, the Seller will refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of your decision to withdraw from the contract. The refund will be made using the same payment method used for the initial transaction. If you have returned the Products using a carrier of your choice and at your own expense, the Seller may withhold the refund until receipt of the Products or until you have demonstrated that you have returned the Products, whichever is earlier.

11.8 You are solely responsible for any diminished value of the goods resulting from handling the Product other than what is necessary to establish the nature, characteristics, and functioning of the Product. The Product must, in any case, be stored, handled, and inspected with normal diligence and returned intact, complete in all its parts, in perfect working order, accompanied by all accessories and instruction leaflets, with identification tags, labels, and the disposable seal, if present, still attached to the Product and intact and untampered with, as well as perfectly suitable for its intended use and free from signs of wear or dirt. Furthermore, the right of withdrawal applies to the Product in its entirety. It therefore cannot be exercised in relation to parts and/or accessories of the Product.

11.9 If the right of withdrawal is not exercised in accordance with applicable law, it will not result in termination of the contract and, consequently, will not entitle you to any refund. The Seller will notify you within 5 (business) days of receiving the Product, rejecting the withdrawal request. The Product will remain with the Seller and be available for collection, which must be done at your expense and under your responsibility.

Art. 12. Applicable law and competent court; out-of-court dispute resolution – Alternative Dispute Resolution/Online Dispute Resolution

12.1 Purchase contracts concluded through the Site are governed by Italian law. Any more favorable and mandatory provisions of the law of the country in which they have their habitual residence may apply to consumers who do not have their habitual residence in Italy.

12.2 Please note that in the case of a consumer user, any dispute relating to the application, execution and interpretation of this document shall be subject to the jurisdiction of the court of the place where the user resides or has elected domicile.

12.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, that, in the event that the user has submitted a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arising, the Seller will provide information regarding the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale (ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code), specifying whether or not the user intends to avail himself of such bodies to resolve the dispute itself.

12.4 The Seller also informs the user who qualifies as a consumer pursuant to Article 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform is available at the following address: http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user can consult the list of ADR bodies, find the link to each of their websites, and initiate an online dispute resolution procedure in which they are involved.

12.5 In any case, the consumer user's right to bring any dispute arising from these General Conditions of Sale before the competent ordinary court remains unaffected, regardless of the outcome of the out-of-court dispute resolution procedure relating to consumer relations by resorting to the procedures set out in Part V, Title II-bis of the Consumer Code.

12.6 Furthermore, users residing in a European Union member state other than Italy may, for any dispute relating to the application, execution, and interpretation of these General Conditions of Sale, access the European procedure established for small claims disputes, pursuant to Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed €2,000.00, excluding interest, fees, and expenses. The text of the regulation is available on the website www.eur-lex.europa.eu.