Terms and Conditions
1.1. In these General Terms (as defined hereunder) the following terms have the meaning ascribed to them as follows:
a) User: any website visitor who interacts with the Website functions: this definition includes both Customer User and Professional User;
b) Customer User: any natural person who acts for personal and non-professional purposes which are outside his trade, business, craft or profession;
c) Professional User: any natural or legal person who is acting for purposes relating to his trade, business or profession and purchase goods for use in connection in his own activities;
d) Seller: Commerciale Setten srl, Italian company with registered offices in (31040) Mansuè (Treviso), Via Baite, n. 2, VAT 03751150263, n. TV-295438, tel. +39 422-755288, email firstname.lastname@example.org, PEC email@example.com with acts in the pursuit of its entrepreneurial and commercial business and promotes the sale on line of its Products (as defined hereunder in point g));
e) Forwarder: Way to Go s.r.l. C.F. e P.IVA: 03673270264, Italian company with registered offices Montebelluna (TV) via Dalmazia, 17 which in its own name but on behalf of the User concludes the transport contract with the Carrier and carries out the ancillary operations, dependent ad strictly necessary, for the transport of the Products, (as defined hereunder in point g);
f) Carrier: the transport company which is charged with the shipping Products;
g) Products: wine products manufactured by Tenuta Setten Società Agricola Semplice with registered offices in (31040) Mansuè (Treviso), Via Baite, n. 2, VAT 03751150263 and sold by the Seller thought its own Website;
h) Manufacturer: Tenuta Setten Società Agricola Semplice with registered offices in (31040) Mansuè (Treviso), Via Baite, n. 2, Italy - P.Iva e CF 05097890262;
i) Website: the web site web www.setten.it owned and managed by Tenuta Setten Società Agricola Semplice, through which on-line purchase contracts are completed;
j) Footer: all information found at the bottom of each page of the Website;
k) Price: the amount indicated on the Website in relation to each unit of Product selected by the User during the purchase procedure described in article 5;
l) Order: a written order issued by the User and sent to the Seller by internet electronic file transfer in accordance with article 4.6;
m) Contract: contract of sale concluded between the Seller and the User for purchasing the Products in accordance with article 4.6;
n) Trademark: a registered trademark ‘Tenuta Setten’ owned by Manufacturer and affixed to the Product and its packaging;
o) Certified email: as required by Italian law, this is a particular type of electronic mail, which allows you to give an email message the same legal value as a registered letter with traditional acknowledgment of receipt;
p) Parties jointly the Seller and the User.
1.2. Any terms in the singular applies to the plural and the other way around.
2. GENERAL PROVISIONS
2.1. The purpose of these General Terms is to establish the terms and conditions that shall regulate the commercial relationship between the Seller and the User.
2.2. By accepting the present General Terms, the User hereby declares to have read and understood in full and that these General Terms contain the only terms and conditions under which the Seller intends to apply to the Contract.
2.3. No amendment and supplement to the General Terms will be valid unless agreed in writing between the Parties. Any different conditions of sale established or applied by the Customer and/or Professional User, cannot be incorporated into the Contract between the Parties.
2.4. In the event that any provision of these General Terms is deemed invalid, unenforceable or not feasible for judicial and/or administrative authority, this will not prejudice the validity an effectiveness of the other provisions, which will remain fully valid and effective to the fullest extent permitted by law.
2.5. Due to the regulatory changes, the General Terms of Sale may be changed and/or updated and the Seller shall immediately notify these on the Website, with effect from the date of publication.
2.6. Any request for information and any claims shall be notified to Seller’s Customer service by email to email address firstname.lastname@example.org or to telephone number +39 0422 755288.
2.7. The User is aware that all data provided by the Seller on the Website are general and published for mere illustration purposes only to identify the Products. Any image or colour of the Products offered for sale may have different effects when viewing the actual Product. These differences may be due to the effects of the User’s Internet browser, screen or display setting.
2.8. If the User are Italian citizen, the Products can be purchased only by people over the age of 18 years. Where the User is not Italian citizen, the Products can be purchased only people who has reached the age of majority in accordance with the his own domestic law. If there was no legislation applicable to this case, the User must be at least 21 years old.
3. SCOPE OF THE CONTRACT, REGISTRATION TO THE SITE AND ACCOUNT DELETE
3.1. The Products that can be purchased are only those published on the Website and Contract may not relate to goods other than Products.
Prior Website registration in not required to view and purchase the Products.
3.2. The User may register a new account in the Website where the User’s personal data are required.
By clicking on the "My account" in the footer and after completing the online registration form, the User will have the possibility to create his own profile in which he can view his personal data at any time and, where necessary, check the status of the Orders not yet fulfilled (by selecting the 'Orders' item), access the historical archive of the previous Orders and / or Contracts for already concluded purchases (by selecting the 'Notice Board' item) and download the illustrative material of the Seller present on the Site.
3.3. The Website registration does not imply an obligation to buy and can be completed only by Users over 18 years of age and who meet, in any case, the appropriate conditions required by law to engage in commercial operations and enter into contracts.
3.4. The User can always change their personal data entered in their account as well as view the prices charged by the Seller for the Products at the time of purchase.
3.6. The User is solely responsible for his account and for all the activities carried out there as well as for the Orders placed. The User must immediately notify the Seller's customer service at email@example.com. any account passwords and unauthorized access to his account.
3.7. The User remains solely responsible for maintaining the confidentiality of his account passwords (username and password). Therefore the User undertakes not to allow third parties to use and/or to see account passwords.
3.8. Besides the User undertakes to hold harmless and indemnify the Seller against all claims and/or other damaging as a result of the inappropriate and/or unauthorized use of his account passwords.
3.9. It is strictly forbidden for the User to enter data which are not readily available and/or to enter false and/or fictitious data in the Website registration and also during purchasing process as non-registered user.
3.10. The Seller reserves the right to suspend any further performance and/or to terminate the Contract, when the Seller and/or the Forwarder and/or the Carrier find that the data submitted are not true and/or unlawful use of these data.
3.11. To delete your Website account, User shall send his request to Seller’s email address firstname.lastname@example.org.
3.12. The deletion Website account shall be made immediately and confirmed via email by the Website. The Seller will delete registered User’s data only when all Orders shall be concluded by delivery of Products.
4. CONCLUSION OF CONTRACT
4.1. To proceed with the purchase, the User can select ‘SHOP’ in the Website homepage menu.
4.2. In the ‘SHOP’ the User may view the Products on sale. The User may select the Product icon to be purchased viewing the price for every single unit of Product and illustrated card summarizing the characteristic, quality, types and production processes of Products.
The User may select the desired Products clicking on ‘Add to cart’ and repeat the operation for each Products to be purchased.
4.3. The User may access to ‘Viewing the shopping cart’ to view the summary of Products to be purchased with detailed information of the price (per item and the total price) together with any shipping charges. Before concluding the Contract, the User can modify the quantities and / or delete some Products selected by him: by clicking on the button marked with an X to the right of the Product name to delete it from the summary sheet or modify the quantity of Product units by clicking on the button corresponding to the 'Quantity' column.
4.4. The User who decides to proceed with the Order after visualizing the summary page, must click on the ‘Proceed to checkout’ button.
After filling out the various fields required for shipping and invoicing purposes, the User must read the General Terms and clauses pursuant to articles 1341, 1342 of Italian Civil Code and Italian Law Decree 6.9.2005 no. 206 (Consumer Code) and tick the corresponding box to declare he has read, understood and accepted these General Terms and said clauses. After that the User must click on the ‘Place order’ button.
4.5. The General Terms can always be visualized and consulted by the User by clicking either on the corresponding button in the website footer. Moreover, the User can always save, print and register the text of General Terms, prior to concluding the Contract.
4.6. After purchasing, the User will receive an confirmation email of the Order containing the summary of the type of Product, the detailed price, the delivery costs, the additional costs, the ‘Order number’ and the ‘Client’s Code’ to be used for further communications related to the Orders. It is recommended to keep the e-mail received as proof of purchase 4.7. The Contract will be considered concluded, becoming binding for the parties, when the Order confirmation email reaches the User.
4.8. The Seller does not yet fully ensure the availability of Products on the Website due to simultaneous access by many customers and the possibly of simultaneous on line orders at the same time.
In case of inaccuracy or lack of the ordered Products as well as price difference from those reported, the Seller shall notify to User via email (certified email as well), within thirty (30) calendar days from day after the Order was sent and that the User may:
- to repeat the Order or
- to purchase alternative product/products and equivalent from quality and quantity point of view or
- to purchase a gift certificate or
- to terminate the Contract obtaining a refund of amount paid within thirty (30) days from the date that the Customer User was notified about the intention of exercise the right of withdrawal.
5. PRICE AND PAYMENT METOD
5.1. The price is determined by the Seller on the basis of the market demand, current price and production costs. The price charged are those listed on the Website at the time of order by the User and represent an offer to the public under article 1336 of the Italian Civil Code.
5.2. The Seller reserves the right to change the prices on the Website at any time. The price charged to user shall be the price published on the Website at the time the order is sent.
The price adjustment may not be questioned.
5.3. The Seller may launch promotional offers on the basis of Product line, seasonality and for any other business reasons. Special offers, promotions, discount coupons, free shipping shall be communicated to the User on the Website. 5.4. The price are quoted in EURO and include VAT and cost for packaging. The price shall not include delivery and shipping cost that can be quoted depending on the User’s country and the amount of ordered Products.
5.5. Only platform STRIPE Payment (stripe.com) are accepted as payment method for the Products. The User may pay by credit or debit card and any different payment method may not be used for purchase online.
5.6. Security of the payments made on the Website shall be ensured by an secured and encrypted Internet connection in accordance to the new regulation on the processing of personal data.
5.7. If necessary, the Seller may ask the User to submit any additional information (i.e. certification company registration) and documents showing ownership of the credit or debit card.
5.8. If the payment of the price cannot be done within the terms set forth in the Contracts due to force majeure as described in art. 11 or for reasons not in User’s control, the terms of payment shall be extended and the new term shall be agreed between the Parties.
5.9. Any delayed payment of the price will not entitle the User to exercise his right to terminate the Contract, except as provided for in art. 11.
5.10. The User undertakes no to sell, transfer or assign to third parties any credit which it may claim from the Seller on the basis of payment for the Contract, without the prior written consent of the Seller. It remains understood that such transfer or assignement may be authorized only in case of transfer or assignment with recourse (i.e. in ‘pro solvendo’ regime).
6. DELIVERY TERMS AND METHODS
6.1. The shipments shall be made through the Forwarder appointed by the User during purchasing online, in the terms and manner provided by Forwarder’s General Condition (statiunitisubito.com).
After handing the shipment over to the Carrier selected by Forwarder, the User shall be received a shipping confirmation email together with instructions on how to the shipment can be monitored.
6.2. The Products shall be delivered to the address specified by User during purchasing on line. We recommend choosing an address where there is someone who can accept the delivery.
6.3. In case of the shipment abroad, the shipping expenses shall be borne entirely by the User.
For deliveries to Italy, the shipping expenses shall be borne by the User only where the price of the cart is less than € 40.00.
6.4. The shipping costs may change depending to the receiving country or the amount of Product purchased. They shall be accounted automatically and the User may check the exact amount of shipment costs in the ‘Cart’.
6.5. The Seller shall deliver Products on the date specified at the time of the conclusion of the Contract. The delivery term is understood by the parties as non-essential.
6.6. If the Forwarder will not be able to deliver the Products within delivery date, he will notify the User specifying the revised delivery date as soon as practicable by email, or certified email where possible.
6.7. If the Seller is responsible for delay of delivery and the delay exceeds six (6) weeks, the User may terminate the Contract by giving ten (10) days' notice by registered letter with acknowledgement of receipt (Commerciale Setten srl – Via Baite 2 – 31040 Mansuè (Treviso) Italy) or fax ((+39/0422755016) or certified email (email@example.com/ firstname.lastname@example.org).
6.8. The Products delivered by the Carrier to the User are kept in their original packaging which guarantees their integrity, quality and authenticity, containing all the instructions necessary to best preserve the Products.The User will have to strictly adhere to the instructions.
6.9. At the time of delivery, the User must check:
- that the number of packages delivered corresponds to the number showed in the transport document;
- that the packaging is intact, not damaged, not wet or in any way altered, even in the closing materials (adhesive tape or metal strapping).
Any damage to the packaging and/or to the Product or the mismatch between number of packages or information in the transport document must be immediately contested, placing WRITTEN CONTROL RESERVE on the Carrier's proof of delivery and stating the reasons (i.e. “wet packaging”, “breach packaging”). Once the Carrier's document has been signed, the User will not be able to make any objection about the external characteristics of what was delivered.
6.10. Any problems regarding physical integrity, correspondence or completeness of the Products delivered must be notify by User within 3 (three) work days from the delivery of Products. Such request must be sent in writing by email to the Seller (email@example.com).
6.11. If the Product defects and damage are declared by the User within the above-mentioned time, the User may claim the refund of the purchase price (wholly or partly) or price reduction or the replacement of defective/damaged Product with another good with same quality and properties.
6.12. The Order will be automatically canceled, in case The User fail to collect within 5 working days the material in storage at the warehouses of Carrier because of the repeated inability of deliver to the address specified by the User when ordering. Any storage and management costs shall be borne by the User.
6.13. The intermediates of the Seller shall not be entitled to enter into any commitment on the Seller’s behalf with third parties.
6.14. This Article is also applicable to contractual relationship between the Seller and the Professional User.
7. CUSTOMER USER’S RIGHT TO TERMINATION FOR CONVENIENCE
7.1. Only the Customer User shall have right to terminate the Contract without paying any termination fees, at any time and for any reason by giving a prior fourteen (14) work days written notice from the date of delivery of the last of batches by the Carrier.
7.2 The Customer User shall terminate the Contract by giving written notification by means registered letter with proof of receipt (Commerciale Setten s.r.l.. Via Baite, 2, Mansuè (Treviso), Italy, 31040) or by email or by certificated email (firstname.lastname@example.org / email@example.com) containing the number purchase order as specified in the confirmation email, accompanying invoice copy, the Products subject to withdrawal and bank details (IBAN code) for refund.
For this purpose, the User may use the model withdrawal form that can be downloaded from the following link setten.it/modulo-di-recesso-en.pdf.
7.3. In the event of User’s withdrawal, the User shall be return the Products, at his own expense, making them available to the Carrier according to the procedures and times previously notified by the Seller.
7.4. The right of withdrawal is in any case subject to the following conditions:
I. The right of withdrawal exclusively applies to the whole of the purchased Product. It is not possible to exercise withdrawal only on a part of the Product; the Product shall be returned whole (the bottles must not have been opened, damaged and/or manipulated) and in its original packaging, complete with all its parts (including packaging and any documentation and accessories); in order to limit damage to the original packaging, we recommend, whenever possible, to put it in a second package. It is forbidden to affix of labels or adhesive tapes directly on the original packaging Product.
II. by the law, the shipping costs for the return of the Product are to be paid by the Customer User;
III. the shipment, untill the certificate of receipt in Seller’s warehouse, is under the sole responsibility of Customer User;
IV. the right of withdrawal does not apply when the sale concerns made-to-measure or customized products or products which, due to their nature, can not be sent back or could deteriorate or alter rapidly.
V. the returned Products shall be shipped by one single consignment. The Seller reserves the right to refuse the Products of the same order but returned at different times.
7.5. The Seller shall inspect the returned Products to evaluate its integrity and the lack of damages or tampering.
7.6. Should the Products be damaged during the transport, the Seller shall notify the Customer User about such circumstance, within five (5) working days from receipt of the Product in its warehouse in order to allow Customer User to make a timely complaint to the Carrier and to be reimbursed the value of the Product (if insured).
7.7 In this case, the Product will be made available to the User for its return, while canceling the request for withdrawal.
7.8. Notwithstanding any repair costs for damages assessed original packaging, the Seller shall refund the full amount that has already been paid, within thirty (30) days of return of the Products. The reimbursement shall be made by bank transfer to the bank details (IBAN code) previously specified in the model withdrawal form.
7.9. This article shall not be applied to Professional User.
8. INDUSTRIAL AND INTELLECTUAL PROPERY RIGHT
8.1. All Website contents in the form of logos, images, information, text and data is owned by the Manufacturer and are protected by Italian and international law on Copyright and Database matter.
8.2. It is strictly forbidden for User and anyone to use these contents in their own works for commercial purposes and to reproduce the, copy, distribute, republish, modify, transfer to third parties contents of the Website, in full or in part and in whatsoever form and with any means, without the prior written consent of the Seller.
8.3. The Products for which names are registered are strictly tied to human and natural factor in the production area and labelled with the Trademark and other Manufacturer’s distinctive signs.
8.4. The Trademark and the distinctive signs may not be used by the User, directly or through a third party, in the production and sale of other products identical or similar to the Products in order to generate confusion among the Seller's customers or in any other way that could harm the image and reputation of the Seller.
8.5. It is forbidden to reproduce box, labels, bottles and any other packaging material from the Manufacturer to sell goods of the same or similar product type and group, involving the counterfeiting or copying of the Trademark, Manufacturer’s distinctive signs and the Products and, in any case, using a commercial practice to mislead the average consumer as to the true quality, origin or provenance of goods.
8.6. The User cannot falsify and adulterate Product by replacing, adding and subtracting ingredients that are poor in quality or of unknown origin and, in any case, different in qualitative and quantitative terms.
9. LIABILITY OF THE USER FOR USE OF THE WEB SITE
9.1. The Seller is not liable for any improper use of the website by Users, for any website disruption or malfunction, and is not liable for disruptions due to events of force majeure where it is unable to fulfil the order within the deadline established in the contract;
9.2. The Seller is not liable and is not accountable for any virus, malicious code or any problem connected with the User’s Internet connection where this is unrelated to the Seller’s actions.
9.3. In particular, the Seller assumes no liability connected with what follows:
i. Incompatibility of the Website with the User’s equipment, software and telecommunication connections;
ii. attacks affecting the User during Internet navigation (including, but not only, any virus, malicious code, etc.);
iii. damages to equipment/software used by the User for navigation, not directly attributable to the Seller;
iv. disruptions or malfunctions connected to the use of the Internet that are beyond the control of the Seller;
v. interruptions and / or slowdown of the Site and / or internet connection attributable to the telecommunications network operator chosen by the User or for the use by the User of an internet connection technically incompatible with access to the Site and online purchase of products.
9.4. Once the on-line purchase process is completed, the User undertakes to print and keep a copy of the Contract and the General Conditions.
10. PROPERTY AND THE PASSING OF RISK IN THE PRODUCTS
10.1. Ownership and title to the Products shall pass to the User when the price shall be payed.
10.2. The Seller must be considered freed from the obligation of delivery by entrusting the Products to the Carrier.
10.3. The risk of damage, accidental destruction or accidental deterioration of the Products passes to the User, upon delivery from Carrier to the User.
11. FORCE MAJEURE
11.1. None of the Parties shall be liable for any delay in performing its obligations if such delay/ are due to force majeure.
11.2. By way of example but not limited thereto force majeure is considered:
(A) lightning, storms, earthquakes, landslides, floods, erosions, fires, explosions, accidents, epidemic lockouts, strikes, acts or omissions of public authority, insurrections, riots, sabotage, invasions, quarantine, embargoes, civil unrest, wars, vandalism, riots and epidemics and
(B) any exceptional and unforeseeable circumstance that is outside the sphere of control and domain of each of the Parties.
11.3. If events constituting causes of force majeure prevent or make it impossible for the Parties to fulfill exactly the obligations assumed in adherence to these General Conditions and with the stipulation of each specific Contract, the interested party must promptly notify the other by means of a communication to be made in writing. and by means of transmission and which ensures the proof and date of receipt of the communication (registered letter with return receipt, fax, certified e-mail).
11.4. Should the cause of force majeure last for a period exceeding three (3) months without the Parties being able to finalize an alternative agreement to these General Conditions, the contract may be terminated with immediate effect by means of a declaration to be communicated in writing by one Party to the other according to the procedures set out in article 12.3 above.
12. CONTRACT STORAGE
Pursuant to art. 12 of Legislative Decree 70/2003, the Seller informs the Customer User and/or Professional User that every order is kept in a digital/paper format at the Seller’s premises.
13. LEGAL GUARANTEE OF CONFORMITY
13.1. Pursuant to articles 128-135 of Italian Legislative Decree n. 206/2005 (Consumer Code), the Products sold on the Website are covered for legal guarantee of conformity. The legal guarantee is reserved for Customer Users.
13.2. The quality of Products evaluated on a subjective basis and/or according to evaluations not objectively measurable about the characteristics (goodness/quality) of Products shall not be deemed as faults or defects.
13.3. In relation to Products bought to the Professional User, the warranty for defects, non – conformities and/or deficiencies given by the Seller is accordance with the Italian Civil Code.
14. ASSIGNEMENT OF THE CONTRACT AND SUB-CONTRACTING
Only the Seller shall assign and/or subcontract the Contract or any whatsoever right and obligation arising therefrom to third parties.
15. APPLICABLE LAW AND RESOLUTION OF DISPUTES
15.1. These General Terms shall be subject to and construed according to the substantive law of Italy.
15.2. The United Nations Convention on Contracts (1980 Vienna Convention on Contract for the International Sale) for the International Sale of Goods shall not apply.
15.3. Where the Customer User is domiciled or habitually resident in a Member State of European Union, the Customer User can connect to an ODR, an online dispute resolution platform at European level, to deal out-of-court disputes related to cross border e-commerce transaction with The Seller, which can be reached at https://webgate.ec.europa.eu/odr
15.4. For any arising relating to the validity, interpretation, execution and termination of these General Conditions or the Contracts, the following will be competent:
a) the Court of residence or domicile of the consumer, in the event of disputes arising between the Seller and the User - Consumer;
b) the Court of Treviso, as the exclusive competent court, in the event of disputes arising between the Seller and the User - Professional.