General conditions of sale
INTRODUCTION
Access to and use of the confidential area of the website https://www.castellogabbiano.it are subject to acceptance in advance of the terms and conditions shown below. Please study this document carefully, and confirm, if this is the case, your agreement to the conditions shown by selecting “I accept” in order to access the on-line sales services. The following are the conditions governing the sale of products marketed by:
Beringer Blass Italia Srl Azienda Agricola
Sede Legale: Via Gabbiano 22 – 50020 Mercatale V.P. FI
P. IVA (VAT N°): 12926500153
E-mail: castellogabbiano@castellogabbiano.it
TEL. 055/821053
FAX: 055/8218082
Beringer Blass Italia Srl Azienda Agricola is the proprietor of the website www.castellogabbiano.it
SUBJECT
These General Conditions concern the purchase of products, carried out remotely through the digital transmission network, on the website ” www.castellogabbiano.it “. Through the e-commerce service, the Supplier (Beringer Blass Italia Srl Azienda Agricola – Via Gabbiano 22 – 50020 Mercatale V.P. FI – V.A.T.: 12926500153 Social Capital €1.303.000,00, R.E.A. 517979– business register No. 12926500153 of the Florence business register) makes a virtual store available to Customers in which it is possible to display and purchase the products shown on the site.
The conditions of sale shown below will remain valid unless changed by the Supplier. Any modifications to the conditions of sale will be valid from the time they are published on the Internet site www.castellogabbiano.it and refer to sales carried by from that time onwards.
All purchases will be regulated by the provisions under the Legislative Decree No. 185/99 and, as regards protection of confidentiality, will be subject to the regulatory framework under the Law No. 675/96 and later amendments.
The conditions of sale refer to purchases made by customers resident in national territory. For sales and deliveries in Sicily, Sardinia and the minor islands, the conditions will be agreed in writing in advance.
PURCHASE PRICES AND METHODS
All the sales prices of the products shown and referred to on the website www.castellogabbiano.it, which form an offer to the public in accordance with art. 1336 of the Civil Code, are inclusive of V.A.T. and are shown in Euros.
The purchase contract is completed by the precise compilation and agreement to the purchase confirmed by the “on-line” acceptance data. Beringer Blass Italia Srl Azienda Agricola reserves the right to change the prices at any time, excluding goods purchased or booked before the modification. The customer may pay for the goods ordered by using the on-line payment methods shown at the time of the purchase.
By confirming the purchase, at the completion of the transaction, the Customer will receive an email message containing the Number, Date and overall Amount of their Order.
ORDERS
Every order contains the indication of the date of forwarding to the system, the details of the articles purchased, any delivery charges and the individual prices, VAT included, in Euros, with a summary of the total cost, VAT included.
The Customer acknowledges they will receive confirmation of the order and information under article 4 of the Legislative Decree 185/99 by email. The customer undertakes to check what is shown in the order confirmation corresponds exactly to what has been requested and to give notice within 24 hours from receipt of the order confirmation of any errors, by means of email sent to the address shop@castellogabbiano.it . Enable Javascript to see it. . In the absence of this notification, the conditions contained in the order confirmation will be assumed to have been accepted, and the contract concluded.
The Customer may check the status of their order at any time on the website www.castellogabbiano.it which can be revisited by means of verified access (User Name and Password) from their own confidential Personal Area.
PAYMENT ON LINE BY CREDIT CARD
Visa/Cartasì (not Electron), Mastercard, American Express. The payment is verified instantly by the bank (by means of the Paypall or Credit Card) and the order is passed on immediately for processing. Once it has received the payment, Beringer Blass Italia Srl Azienda Agricola will immediately carry out the order.
Furthermore, should the destination of the goods ordered be different from the registered offices of the name on the invoice, the difference should be indicated on the order form.
DELIVERY
The Supplier will carry out the delivery by express courier. The products purchased will be delivered by the Supplier to the address indicated by the Customer. Deliveries of products will take place during working days. The times of delivery are given as an indication and therefore can be considered valid unless there are physical or structural impediments (for example: incorrect addresses, particularly adverse weather conditions, strikes or causes of force majeure).
At the time the order is despatched, an email of notification will be sent to the Customer with all the information about the delivery. The delivery times notified to the Customer correspond to 3 working days and match the information received from the express courier. Any delays or discrepancies will be the fault of the express courier.
On receipt of the goods at the Customer’s address, the Customer must check the integrity of the packaging and that the quantity and quality corresponds to the indications in the accompanying document. In the event of discrepancies and/or faults, it will be the Customer’s responsibility to note these down precisely on the transport document (waybill or accompanying invoice) or they will lose their rights of redress in this regard.
In the event that the delivery does not match the order, according to the aforementioned method, the Customer must not accept the goods and complain directly to the carrier. In this case, the Customer will not be charged.
CONSUMER PROTECTION AND CANCELLATION
The right to cancel can be applied only in the event of the the return of undamaged goods.
In accordance with and within the limits under the Legislative Decree of May 22nd, 1999, No. 185, the Customer has the right, within ten working days from receipt of the goods requested, to exercise the right to cancel. In accordance with the aforementioned Legislative Decree 185/99, it is made clear that the right to cancel is exclusively reserved to customers who can be described as “consumers,” that is only to physical persons who purchase the products for their own use and act for purposes other than any professional activity, therefore excluding traders, retailers, professionals etc.
METHOD OF EXERCISING THE RIGHT TO CANCEL
In order to exercise the right to cancel, the Customer must forward, within the period of 10 working days starting from the receipt of the goods, a registered letter with proof of receipt, or by fax or email, to the following address: Beringer Blass Italia Srl Azienda Agricola – Via Gabbiano 22 – 50020 Mercatale V.P. FI – fax 055 8218082 – @: shop@castellogabbiano.it . The Supplier will proceed to transmit the order to reimburse the credit for the cost of the goods despatched and the initial delivery costs within 14 working days following the despatch of the goods by the customer and, in any event, not before the receipt of the goods.
The goods must be in perfect condition and in the original packaging. The cost of sending the goods back to the sender, however, will be the responsibility of the Customer. The Supplier will, therefore, reject any product that is not packaged or, in any event, in any way other than as described above, as with products for which the full cost of restitution have not already been paid by the Customer.
The Supplier will reject any product in the event the costs of restitution have not already been fully paid by the customer, or if the methods and times laid down by the Law (art. 5 of the Legislative Decree 185/99) for the notification of the exercising of the right of cancellation have not been respected, or in the event the product has defects that were not notified at the time of delivery.
MODIFICATIONS
Beringer Blass Italia Srl Azienda Agricola reserves the right to change the contractual conditions of sale at any time, and any change will be immediately valid from the moment of publication on the website www.castellogabbiano.it and therefore applicable to sales carried out from that time. Therefore, by accessing and using the website, the customer declares they agree to carefully check the contractual conditions each time.
COMPLAINTS
For any clarification or complaint, the customer may contact the Selling Company on phone number 055 821053 or at the email address:shop@castellogabbiano.it .
PRIVACY
Beringer Blass Italia Srl Azienda Agricola closely follows the procedures required by the Directive 95/46/EU as incorporated in the Decree Law of June 30th, 2003, No. 196 for the treatment of personal data and, for the protection of consumers on matters of remote contracts, by the directive 97/7/EC as incorporated by the Legislative Decree of May 22nd, 1999, No. 185. The Customer declares that they have seen the information supplied, in accordance with article 10 of the Law 675/1996, at the time of compiling the on-line forms required to complete their purchases and that this data will be used for purposes strictly connected and instrumental to the management of the relations with the compiler (internal statistics, satisfaction feed-back, preliminary acquisition of information required to conclude a contract or the supply of a service etc.) or purposes connected to the obligations laid down by the current laws. In accordance with Law 675/95, the Customer furthermore declares they are aware that, if expressly allowed by them during the registration phase, the data supplied may be used for promotional, marketing and sales purposes, as well as for statistics through surveys, processing or comparison.
REFERENCES
For anything not expressly laid down in these general conditions, the regulations of the current laws will be applied.
Approval of unconscionable clauses under articles 1341 e 1342.
In accordance with articles 1341 and 1342 of the Civil Code, the customer declares that they have read and specifically approved the clauses under the following articles of the general conditions of sale: article 4, prices; article 5, payments, article 6, delivery; article 10, competent court. For the purpose of having a written copy of the regulations contained in this contract and the information regarding the identification of the service supplier and its conditions, in accordance with art. 3 of the Legislative Decree 185/1999, the customer may print or save onto digital media these general conditions.
SECURE SERVER GUARANTEE
All transaction with www.castellogabbiano.it are guaranteed in terms of security. All “sensitive” information (including the name and address, and the credit card details) are entered on a page protected by the Secure Socket Layer (SSL) protocol, on a server of Banca Intesa, the credit institute that manages and authorises all the financial transactions carried out on the website www.castellogabbiano.it
APPLICABLE LAW
For all the e-commerce services of the website www.castellogabbiano.it the law of the Italian State will exclusively be applied. In accordance with articles 1341 – 1342 of the Civil Code, the Customer declares they have read and accepted the clauses of the general conditions of sale on the website www.castellogabbiano.it
JURISDICTION AND COMPETENT COURT
Any dispute concerning the application, execution, interpretation and violation of the sales contracts entered into “on-line” via the website www.castellogabbiano.it will be subject to Italian jurisdiction: these general conditions refer, for anything not herein expressly laid down, to the combined measures of the legislative decree N° 50 of 15.1.1992 and the legislative decree N° 185 of 22.5.1999.