1.1. 1.1. In these General Terms (as defined hereunder) the following terms have the meaning ascribed to them as follows:
- User: any website visitor who interacts with the Website functions: this definition includes both Customer User and Professional User;
- Customer User: any natural person who acts for personal and non-professional purposes which are outside his trade, business, craft or profession;
- 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;
- 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, 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));
- ForwarderWay 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);
- Carrier: the transport company which is charged with the shipping Products;
- Products: wine products manufactured by Azienda Agricola Setten Davide Alcide with registered offices in (31040) Mansuè (Treviso), Via Baite, n. 2, VAT 03751150263 and sold by the Seller thought its own Website;
- Manufacturer: Azienda Agricola Setten Davide Alcide with registered offices in (31040) Mansuè (Treviso), Via Baite, n. 2, Italy – P.Iva 00316410265;
- Website: the web site web www.setten.it owned and managed by Azienda Agricola Setten Davide Alcide, through which on-line purchase contracts are completed;
- Footer: all information found at the bottom of each page of the Website
- 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;
- Order: a written order issued by the User and sent to the Seller by internet electronic file transfer in accordance with article 4.6;
- Order: a written order issued by the User and sent to the Seller by internet electronic file transfer in accordance with article 4.6;
- Trademark: a registered trademark ‘Tenuta Setten’ owned by Manufacturer and affixed to the Product and its packaging;
- 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;
- Partiesjointly 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. 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. To purchase the Products, the User may proceed, at his choice, to the free creation of a personal account on the Site by entering his / her personal data. By clicking on the “My account” window 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 previous Orders and / or Contracts for purchases already concluded (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 modify his personal data entered in his account as well as view the prices charged by the Seller for the Products at the time of connection.
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. Nel caso dovesse subire indebite sottrazioni delle proprie credenziali o riscontrare accessi non autorizzati al proprio account da parte di terzi, l’Utente dovrà darne immediata comunicazione al servizio clienti del Venditore all’indirizzo email@example.com.
3.7. The User is responsible for the adequate conservation and secrecy of the access credentials (username and password) to the personal account. Therefore, the User undertakes not to let third parties use and / or view the login credentials to the account.
3.8. The User also undertakes to indemnify and hold harmless the Seller from and against any claim and / or other prejudicial consequence that may arise as a result of the inappropriate and / or unauthorized use of the account access credentials.
3.9. The User is expressly forbidden to enter data which he himself cannot freely dispose of and / or to enter false and / or fictional data in the creation of his account, as well as in the online purchase procedure in the absence of prior registration. to the Site.
3.10. If it is ascertained by the Seller and / or the Freight Forwarder and / or the Carrier the falsity of the data provided by the User and / or the illegitimate insertion of the same by the User, the Seller reserves the right to suspend the execution of the own performance and / or to terminate the Agreement.
3.11. 3.11. To delete your Website account, User shall send his request to Seller’s email address firstname.lastname@example.org.
3.12. The cancellation of the account will be immediate and will be confirmed by email sent from the Site, while the cancellation of the personal data of the registered User will be carried out by the Seller only when all the orders still in place have been concluded with the delivery of the Products.
4. FINALIZATION OF THE CONTRACT
4.1. To proceed with the purchase of the Products, the User must click on the ‘SHOP’ item visible on the home page of the Site.
4.2. In the ‘SHOP’ the User can view the Products offered for sale. The User can click on the icon of the Product he intends to purchase and view the Price established per unit of Product as well as the explanatory sheet on the characteristics, quality, type and production processes of the Product. You can choose the desired Product units by clicking on the “Add to cart” icon on the Site, then repeating the same operation described for any other Product you intend to purchase.
4.3. By accessing the “View Cart” function, the User will be able to view a summary sheet of the Products he / she has selected for purchase with an analytical indication of the price (for each Product and overall) together with the additional ancillary costs. Before concluding the Contract, the User can modify the quantities and / or cancel some Products selected by him: by clicking on the button marked with an X to the right of the Product name to remove it from the summary sheet or modify the quantity of Product units by clicking on the button corresponding to the ‘Quantity’ column.
4.4. To confirm the purchase, the User must access the Site function called “Conclude Order”. Here, after having filled in the fields necessary for the shipment and invoicing of the Products, you must declare that you have read, understood and accepted these General Conditions and the clauses pursuant to art. 1341, 1342 of the Italian Civil Code and arts. 33 and ss. of Legislative Decree 6 September 2005, n. 206 (Consumer Code) by clicking on the respective checkbox. Subsequently, the User can confirm the sale by clicking the “Place order” button with the mouse.
4.5. The General Conditions will always be available to the User in the Footer. The User can also always save and print the text containing the General Conditions before the conclusion of the Contract.
4.6. After having paid the price, the User will receive an e-mail confirming receipt of the order with the summary of the order made, which will show the type of Product purchased, the indication detailed price, delivery costs and any additional costs, the means of payment used, as well as an indication of the ‘Order Number’ and the ‘Customer Code’ to be used in subsequent and any communications regarding the Order. 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 when registering on the Site.
4.8. The Seller does not guarantee the complete availability of the Products included on the Site, during the compilation of the order by the User, due to the simultaneous access of many Users and the simultaneous possibility of online orders at the same time.
In the event of lack or inaccuracy of the Products ordered with respect to those requested by the User or where a discrepancy of the Prices with respect to those communicated to the User should occur, the Seller will then immediately notify the User in writing by e-mail (also certified). within thirty (30) days from the day following that of sending the Order, representing that he has the right
– to repeat the order or
– to purchase an alternative / alternative product (s) or equivalent in quantity and quality;
– to buy a discount coupon or
– to withdraw from the Contract with the consequent right to receive a refund of the amount paid within thirty (30) days from the date on which the Seller becomes aware of the exercise of the right of withdrawal by the Consumer User.
5. CONSIDERATION AND METHOD OF PAYMENT
5.1. The price of the Products is determined by the Seller taking into account the market demand, the current value and the production costs. All prices are indicated on the Site and are the subject of an offer to the public presented in accordance with the provisions of art. 1336 of the Italian Civil Code.
5.2. The Seller may update the prices of the Products published on the Site, it being understood that the User will purchase the Products at the price published on the Site at the time the order is sent. Price changes will not be subject to dispute.
5.3. The Seller, at its discretion, may promote promotional offers depending on the product line, seasonality or for other and different commercial reasons. Special offers, promotions, discount coupons, free shipping will be indicated on the Site from time to time through specific communications.
5.4. The price that the User will pay to the Seller by way of consideration is expressed in EURO and includes VAT and packaging costs. The price does not include delivery / shipping costs which are quantified according to the User’s country of destination and the quantity of Products ordered.
5.5. The User is required to pay the price only through the STRIPE Payment platform (stripe.com) by credit card or rechargeable card. Other means or methods of payment are not allowed.
5.6. The security of online payments is guaranteed by an encrypted and protected internet connection system in compliance with the provisions of current legislation on the protection of personal data.
5.7. If deemed necessary, the Seller may ask the User for any additional information (for example, chamber of commerce registration in the case of User-Professional) or the transmission of documents certifying ownership of the rechargeable or credit card used to make the payment.
5.8. If the payment of the price cannot be carried out within the foreseen times due to force majeure as described in art. 11 or for any other impediment not attributable to the User, the payment terms are understood to be extended and the new term will be agreed between the Parties.
5.9. Any delays in the payment of the price do not give the User the right to terminate the Contract, except for the provisions of art. 11.
5.10. If not previously authorized by the Seller in writing, the User undertakes not to transfer or assign to third parties any credit that he may claim against the Seller deriving from one or more Contracts. It is understood that this transfer can only be authorized if in a ‘with recourse‘ regime.
6. TERMS AND METHOD OF DELIVERY
6.1. Shipments are made through the Freight Forwarder that the User instructs directly at the time of the order, in the times and in the manner provided for by the General Conditions of Sale of the same (statounitisubito.com).
Once the shipment has been entrusted to the Carrier chosen and appointed by the Shipper, the User will receive an e-mail confirming the shipment with an indication of how to monitor it.
6.2. The Seller will deliver the Products to the address indicated by the User during the online purchase procedure. We advise the User to choose a delivery address where the Carrier will surely be able to find someone to receive it.
6.3. The shipment of the Products abroad will be carried out with costs entirely borne by the User. Per le spedizioni di Prodotti dirette verso l’Italia, le spese saranno a carico dell’Utente solo quando le quantità ordinate saranno inferiori alle 5 (cinque) bottiglie di vino.
6.4. Shipping costs vary according to the country of destination and the quantities of Product purchased. They are calculated automatically and, during the order, the User can check the exact amount directly in the “Cart”.
6.5. Delivery will be made by the date communicated by the Carrier at the time of conclusion of the Contract.
It is understood that the delivery time is considered by the Parties as not essential.
6.6. If the Freight Forwarder expects to be unable, through the Carrier, to deliver the Products on the date established for delivery, the User will be promptly notified by e-mail, even certified, and the expected delivery date will be indicated.
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 to the User by the Carrier are placed by the Seller in their original packaging which guarantees their integrity, quality and authenticity. This packaging contains all the instructions necessary to preserve the purchased Products in the best possible way, which the User must strictly adhere to.
6.9. Upon delivery of the Products by the Carrier, the User is required to check: – that the number of packages delivered corresponds to what is indicated in the transport document; – that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials (adhesive tape or metal straps). Any damage to the packaging and / or the product or the mismatch in the number of packages or information must be immediately notified, by putting a WRITTEN CONTROL RESERVE on the Carrier’s delivery document, specifying the reason for the reservation (for example “wet packaging “,” Laundry packaging “). Once the Carrier’s document has been signed, the User will not be able to make any objection regarding the external characteristics of what has been 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. In the event that the damage or defect has been promptly reported within the period indicated above, the User will have the right to obtain a refund or a reduction in the price, net of the costs incurred for shipping, or the replacement of the defective, non-conforming or damaged Products. with others of equivalent quality and characteristics.
6.12. In case of non-collection within five (5) working days of the Products in storage at the Carrier’s warehouses due to repeated impossibility of delivery to the address indicated by the User at the time of the order, the order will be automatically canceled and the storage and management costs will be borne by the User.
6.13. In no case are intermediaries of the Seller authorized and have the power to represent or bind the Seller towards the User and other third parties.
6.14. This article also applies to contractual relations between the Seller and the User-Professional.
7. USER-CONSUMER RIGHT OF WITHDRAWAL
7.1. Only the User who holds the status of “Consumer” may withdraw from the Contract at any time, without any reason and without the obligation to pay penalties, within fourteen (14) working days starting from the day of receipt of the last batch of Products ordered.
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.
7.3. In the event of withdrawal, the User is required to return the Products, at his own expense, making them available to the Carrier according to the methods and times previously communicated in writing by the Seller to the User.
7.4. The right of withdrawal is however subject to the following conditions:
- I. The right of withdrawal exclusively applies to the whole of the purchased Product. the Product being returned must be intact (the bottles must not have been opened, damaged and / or altered) and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment); to limit damage to the original packaging, the User is recommended, whenever possible, to put it in a second box. In any case, the User must not affix labels or adhesive tapes directly on the original packaging of the Product;
- by law, the shipping costs for returning the Product are charged to the customer;
- the shipment, up to the certificate of receipt in the Seller’s warehouse, is under the full responsibility of the User.
- the right of withdrawal is excluded in the event that the sale relates to products made to measure or personalized or which by their nature cannot be returned or are liable to deteriorate or expire 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. Once the Products returned by the User have been received, the Seller will check them in order to assess their integrity and the absence of any damage or tampering.
7.6. In the event of damage to the Product during transport, the Seller will notify the User of the incident, within five (5) working days of receipt of the Product in its warehouses, to allow him to promptly file a complaint against the Carrier and obtain a refund. of the value of the asset (if insured).
7.7. In this case, the Product will be made available to the User for its return, at the same time canceling the request for withdrawal. 7.8. With the exception of repair costs for damage to the original packaging, the User-Consumer will be reimbursed free of charge for all payments made in favor of the Seller, no later than thirty (30) days from the date on which the Seller became aware of the exercise of the right of withdrawal of the User-Consumer. The refund will be made by bank transfer to the bank details (IBAN code) indicated by the User in the withdrawal form.
7.9. This article will not apply to the User – Professional.
8. INDUSTRIAL AND INTELLECTUAL PROPERTY
8.1. The User acknowledges that all the contents present or made available on the Site in the form of logos, images, information, texts and data are the exclusive property of the Producer as they are protected by national and international laws on copyright and rights on databases.
8.2. Pursuant to and for the purposes of the legislation on copyright, it is absolutely forbidden for the User and / or any third parties, on behalf and in the interest of the User, to use the aforementioned contents for commercial and reproduce, in whole or in part, copy, distribute, publish, process, transmit to third parties in any form and in any way, such contents, without the prior written authorization of the Seller.
8.3. The Products, with a registered name, link their qualitative characteristics to the human and environmental factors expressed by the territory in which they are produced and are all marked, together with the packaging that contains them, by the Brand and other distinctive signs owned by the Producer.
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 expressly forbidden for the User or third parties in his interest to use or reproduce, in whole or in part, the packages, bottles, labels and any other packaging material of the Manufacturer to sell goods belonging to the product class, identical or similar, of the Products, usurping, imitating or evoking the Trademark, the other distinctive signs of the Producer and the Products or in any case putting in place a commercial practice suitable to arouse in the consumer the idea that the goods have the same characteristics, geographical and commercial origin as the Products.
8.6. Furthermore, the User will not be able to falsify, adulterate or sophisticate the Product by replacing, subtracting or adding ingredients of unknown or poor origin or, in any case, different in quantity and quality from those usually required for its composition.
9. THE USER’S RESPONSIBILITY FOR THE USE OF THE WEBSITE
9.1. The Seller is not to be held responsible for the improper use of the Site by the User or for disservices and / or malfunctions and / or interruptions of the Site or for disservices attributable to force majeure in the event that it fails to execute the Orders on schedule.
9.2. The Seller assumes no responsibility and is not liable for any viruses or similar problems relating to browsing the Internet as not attributable to it.
9.3. In particular, the Seller shall not be held liable in relation to the following:
- incompatibility of the Site with the hardware, software and telecommunication connections used by the User;
- computer attacks, including by viruses, suffered by the User while browsing;
- damage to the equipment / software used by the User to navigate, not directly attributable to the Seller;
- disservices or malfunctions due to the use of the Internet outside of its sphere of control;
- 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 online purchase procedure has been completed, the User undertakes to print and keep a copy of the Contract and the General Conditions.
10. OWNERSHIP AND TRANSFER OF RISK
10.1. The transfer of ownership of the Products from the Seller to the User will take place after payment of the price.
10.2. The Seller must be considered released from the delivery obligation by entrusting the Products to the Carrier.
10.3. With the delivery of the Products by the Carrier to the User, the responsibility for the risks due to the perishing, deterioration, damage and any other damage to the Products, not attributable to the Seller, will pass to the User.
11. CAUSES OF FORCE MAJEURE
11.1. Neither party can be held responsible for any non-fulfillment, delay, loss, damage or other temporary impossibility in the execution of the respective services due to force majeure.
11.2. By way of non-exhaustive example, the following are to be considered causes of force majeure:
(A) lightning, storms, earthquakes, landslides, floods, erosions, fires, explosions, accidents, strikes, epidemics, actions or omissions of public authorities, insurrections, riots, sabotages, invasions, quarantines, embargoes, civil unrest, wars, acts of 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 the previous article 12.3.
12. FILING OF THE CONTRACT
Pursuant to art. 12 of Legislative Decree 70/2003, the Seller informs the User that each contractual document is stored in digital and paper form at the Seller’s headquarters.
13. LEGAL GUARANTEE OF CONFORMITY
13.1. The Products sold on the Site are covered by the legal guarantee of conformity provided for by art. 128-135 of Legislative Decree 206/2005 (Consumer Code). The legal guarantee is reserved for Users-Consumers.
13.2. The qualities of the Product that are detected by the Consumer User on the basis of subjective criteria and / or in any case on the basis of evaluations on the characteristics (goodness / quality) of the Product that are not objectively measurable cannot be considered flaws or defects.
13.3. The User-Professional will be subject to the guarantees for defects in the thing sold, the guarantee for defects in the promised and essential quality and the other guarantees provided for by the Italian Civil Code.
14. ASSIGNMENT OF THE CONTRACT AND SUB-CONTRACT
Only the Seller may transfer and / or subcontract to third parties, in whole or in part, the Contract as well as any rights and obligations arising from it.
15. APPLICABLE LAW AND JURISDICTION
15.1. These General Conditions and the individual Contracts will be governed and interpreted by Italian law.
15.2. The operation of the United Nations Convention (1980 Vienna Convention on International Sale) on contracts for the international sale of goods is excluded.
15.3. To amicably resolve disputes with the Seller, the User, in the case of a Consumer resident or domiciled in a Member State of the European Union, can connect to the European ODR telematic platform which can be reached at https://webgate.ec. europa.eu/odr.
15.4. For any dispute relating to the validity, interpretation, execution and termination of these General Conditions or the Contracts, the following will be competent:
a) the place 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.
Pursuant to and for the purposes of art. 1341, 1342, 1469 bis and 1470 Italian Civil Code in the case of User-Professional or of the Italian Law Decree 6.9.2005 n. 206 (cd. Consumer code) in the case of User-Consumer, the User declares to have carefully read and expressly approve the following articles of these General Conditions:
article 5.10 (PRICE AND PAYMENT METHOD)
article 6.3 (DELIVERY TERMS AND METHODS);
article 9 (LIABILITY OF THE USER FOR USE OF THE WEB SITE)
article 14 (ASSIGNEMENT OF THE CONTRACT AND OF SUB-CONTRACTING)
article 15.1 (APPLICABLE LAW AND RESOLUTION OF DISPUTES);
Signature in express approval