GENERAL CONDITIONS OF SALE
This document sets out the General Terms and Conditions of Sale (hereinafter the “GTC”) governing access to and use of the site https://www.pensieridicavatina.it/shop to end users in accordance with current law and regulations on electronic commerce. End user means any natural person who accesses and uses the Site. By using the Site, the user guarantees to be over 18 years old and that the person who will receive the shipment will be over 18 years old as well. In compliance with the laws in force about the purchase of wines and alcoholic beverages, the Site reserves the right not to process orders coming from subjects different from the “consumer” and in compliance with the age limits set by law both for the purchase and the delivery of wine and alcoholic beverages. Wine and alcoholic beverages are not sold to people under 18 years of age. The Company reserves the right to deny service, terminate accounts, remove or edit content or cancel orders at its sole discretion.
The Site is offered on an “as is” basis. Therefore, there is no guarantee, for example, that the Site will always be online for browsing/use in its current format, nor that software downloaded from the Site will be compatible with your devices, nor that it is free of viruses or other defects, nor that the material posted is complete or accurate.
All products offered on the Site are sold directly by: S.A. Pensieri di Cavatina srl, strada di Pensieri, 4 53019 Castelnuovo Berardenga – Siena – Italy – P.I./CF 02301010514
The GC exclusively regulate the offer, transmission, acceptance, shipping, purchase methods and the right of withdrawal of purchase orders for products on the Site, between users of the Site and the company Pensieri di Cavatina. Do not regulate the provision of services or sale of products by other parties that are present on the Site through hyperlinks, links or banners. By registering on the site the user agrees to receive at his e-mail address communications sent by e-mail.
If the user does not want to receive offers and promotions, he can unsubscribe directly from the newsletter.
Through the e-commerce service, the Company makes available to the user the online shop from which it is possible to purchase the products of the Company. The customer can view the electronic catalog and offers of the Company and make purchases while keeping in mind and accepting the GC.
The GC may be periodically modified by the Company according to the development of its business and market, as well as in compliance with any updates and legislative changes. Each update and modification will be regularly published on the Site and will be immediately effective from the date of publication.
It is possible to purchase the products listed on the Site by sending an order, as indicated in the instructions available online. The minimum quantity for placing an order is 3 bottles.
Orders are subject to availability of the Company, which therefore reserves the right not to confirm an order. In this case Pensieri di Cavatina will refund the price and shipping costs incurred by the user.
The photos included are indicative and not a guarantee of product quality. In addition, the photograph does not always show the vintage actually on sale, for which only the vintage reported in the product description.
The order is carried out through the confirmation of the same and is subject to the payment of the price, taxes and shipping and payment expenses indicated in the order summary.
The Order Processing Receipt does not constitute acceptance of the order. The conclusion of the contract takes place when the Company sends the Order Confirmation to the e-mail address provided by the user.
The prices shown on the site are inclusive of VAT and the cost of transport is reported separately, in the order form and invoice. The same constitute an offer to the public pursuant to art. 1336 c.c., however, the published prices may change without notice: the user is required to ascertain the final price of sale before submitting the order form.
METHODS OF PAYMENT
The payment methods accepted by the Company are the following.
RECHARGEABLE CARDS: rechargeable credit cards and postepay.
PAYPAL: after the confirmation of the order, you will be redirected to the Paypal site where you can make the transaction even if you are not a registered user.
CREDIT CARDS: payment through the major international circuits, managed by Nexi.
BANK TRANSFER: the transfer must be received within 10 days from the date of acceptance of the order. Beyond this deadline the order will be automatically canceled. Credited the transfer we will immediately ship. On the reason for the transfer must indicate the name and surname and order number. The transfer must be made payable to:
Società Agricola Pensieri di Cavatina srl
BANK: Monte dei Paschi di Siena
All financial information necessary for the transaction will be transmitted, via encrypted protocol, to the banks that provide the relevant remote electronic payment services, without third parties having access to it. This information will never be used by the Company except to complete the procedures relating to the purchase and to issue refunds in case of any returns of products, following the exercise of the right of withdrawal by the customer, or if it is necessary to prevent or report to the police commission of fraud.
SHIPPING AND DELIVERY
Every purchase made on the Site is made pursuant to a shipping contract.
Therefore, the risk of loss and title to said orders is transferred to the customer at the time of delivery to the carrier, i.e. UPS™ and/or Fedex™ and/or Mailboxes™ and/or Logistics srl.
The shipment can be followed at any time thanks to the shipping code that will be provided at the time of purchase.
Shipping costs may vary according to destination and weight. Possible local regulations could limit or prohibit the delivery of our products in some countries. Orders to foreign countries may be subject to import taxes, customs duties, and fees levied by the destination country. The recipient of an international shipment may be subject to import taxes, customs duties, and fees levied upon arrival of the order at the recipient’s country. Any additional charges for customs clearance are the responsibility of the recipient.
We have no control over these charges and cannot predict their amount.
The Company declines all responsibility for delays in shipment or non-delivery due to force majeure. In such cases, the Company reserves the right to terminate the contract, in whole or in part, or to suspend it temporarily, until such obstacles are overcome.
As customs policies differ considerably from country to country, please seek further information from your local customs office. Where customs clearance procedures are required, the stated delivery time may be delayed.
For a list of the countries to which we deliver and their conditions, please see the Shipping page.
The list of countries concerned may be subject to change, so it is advisable to check the availability of delivery before proceeding with the compilation of the purchase order.
RIGHT OF WITHDRAWAL
No claims will be accepted after eight days from the date of receipt of shipment. Any disputes will be referred to the competent judicial authorities in the territory where the headquarters of the Company is located.
Purchases on the Site www.pensieridicavatina.it/shop are subject to the discipline of Legislative Decree 206 of 2005, which guarantees the right of withdrawal.
Returned products must be intact, preferably in their original packaging: damaged or altered products will not be able to exercise the right of withdrawal.
The right of withdrawal is reserved only for individuals, previously defined as “consumers”, are therefore excluded any purchases made by retailers or persons who in any capacity purchase for resale.
To exercise this right the user will have to follow this procedure:
Send an email within 14 days from the date of receipt of the goods, indicating:
number of the order:
date of the order:
the product or products for which you intend to exercise the right of withdrawal:
bank details (IBAN code) for the refund:
wait from Pensieri di Cavatina, the e-mail authorization to return:
within 15 days of receipt of the e-mail authorization to return, send the products subject to withdrawal at the following address: Pensieri di Cavatina, road of Pensieri, 4 53019 Castelnuovo Berardenga – Siena – Italy
The refund of products subject to the right of withdrawal will be made within 14 working days of receipt of goods. This refund does not include shipping costs, charged to the customer, in accordance with Article 5 of Legislative Decree No 185 of 22/05/1999.
In general, for what is not expressly written, the rules of law on distance contracts apply. Every eventual controversy is submitted to the Italian jurisdiction.
VARIOUS AND EVENTUAL
OBLIGATIONS OF THE CUSTOMER
The customer agrees and undertakes, once the purchase process “on line”, to ensure the preservation of these CG, which, however, will have already viewed and accepted as a necessary step in the purchase, as well as the specifications of the product purchased, and this in order to fully satisfy the condition referred to in Articles. 52 and 53 of D. Decree 205/06.
It is strictly forbidden for the customer to enter false data, and / or invented, and / or fantasy, in the registration process necessary to activate against him the process for the execution of this contract and its further communications, personal data and e-mail must be their only real personal data and not third parties, or fantasy. It is expressly forbidden to enter data of third parties. The Company will not be responsible for false or misleading statements and reserves the right to prosecute any violation or abuse of which it became aware, in the interest and for the protection of all consumers.
The Customer relieves the Company from any responsibility deriving from the issuance of incorrect tax documents due to errors in the data provided by the customer, being himself solely responsible for the correct insertion.
Use of data for the purpose of a better and personalized service.
The customer gives his consent so that the Company can use the preferences expressed by the customer during online navigation and send him communications in relation to the preferences, attitudes, interests perceived during navigation, in order to provide a personalized and better service. The personal data collected will be used and stored in accordance with the provisions of the Guarantor of Privacy regarding communications relating to the storage of data for profiling and marketing.