Terms and conditions
GENERAL CONDITIONS OF PURCHASE
GENERAL CONDITIONS FOR PURCHASING PRODUCTS ONLINE ON THE ENOTECA HISPELLUM WEBSITE.
1. GENERAL INFORMATION
These General Conditions of Purchase have as their object the purchase of products made remotely via the telematic network on the site www.enotecahispellum.com, belonging to Enoteca Hispellum di Maria Teresa Villamena, with registered office in Spello, Via Corso Cavour, 35, Italy .
Each purchase operation will be governed by the provisions of Legislative Decree 185/99 (consumer protection in respect of distance contracts), Legislative Decree. 206/05 (consumer code); the information aimed at the conclusion of the contract will be subject to art. 12 of the Legislative Decree. 70/03 and, as regards the protection of confidentiality, will be subject to the Code regarding the protection of personal data pursuant to Legislative Decree. 196/03 and the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 concerning the protection of individuals with regard to the processing of personal data, as well as the free circulation of such data.
2. OBLIGATIONS OF THE CUSTOMER
The Customer is required, before submitting his purchase order, to carefully read these general conditions of sale.
The forwarding of the purchase order implies their full knowledge and acceptance.
Once the online purchase procedure has been completed, the Customer is required to print and keep these general conditions of sale, already viewed and accepted during the contract conclusion phase.
The Customer declares and guarantees to be of age and that the data provided by the same for the execution of the Contract are correct and truthful.
3. INFORMATION ON PRODUCTS
The information and characteristics relating to the products are available on the Site. The photographic representation of the products on the site normally corresponds to the image used for the presentation of the product for the purpose of sale, but cannot be considered as a representation of its characteristics and quality. The images and colors of the products may in fact not correspond perfectly to the real ones due to the browser and monitor used. The description on the product sheet is always authentic.
4. PRICES
The prices shown on the website www.enotecahispellum.com are intended for the public including VAT and packaging, excluding shipping costs. The shipping prices and any gift packages requested by the Customer will be highlighted in the order process.
5. DEFINITION OF THE ORDER
By sending the online order of the product and / or products included in the cart, the Customer sends Enoteca Hispellum a purchase proposal, accepting the price displayed and the terms indicated in these General Purchase Conditions.
Enoteca Hispellum will notify the Customer of the acceptance and confirmation of the order.
In particular, Enoteca Hispellum will not accept orders if the customer cannot or does not want to pay using credit cards, Paypal, bank transfer or postepay (valid for Italy).
6. METHOD OF PURCHASE
The customer purchases the product, the characteristics of which are illustrated online in the relative descriptive and technical sheets, at the price indicated therein, to which the delivery costs specified on the site are added.
Before submitting the purchase order, the unit cost of each selected product is summarized, together with the total cost in the event of the purchase of multiple products and the relative delivery costs.
Once the purchase order has been sent, the customer will receive an e-mail message from Enoteca Hispellum certifying that the purchase order has been received and containing information relating to the main characteristics of the purchased good, a detailed indication of the price, delivery costs, applicable taxes and means of payment and containing a reference to the general conditions of the contract and to the information about the existence of the right of withdrawal, the conditions and methods of its exercise displayed on the site.
Following the approval of the Law Decree no. 223 "maneuver bis" Art. 37 paragraphs 8 and 9, converted with Law 248 of 4 August 2006, which came into force on 12 August 2006, which reinstates the obligation to communicate the list of customers and suppliers in the event invoice, and of Law Decree 78 of May 31, 2010 converted into Law 122 of July 30, 2010, imposes the need to ask customers to communicate any VAT NUMBER and TAX CODE in the appropriate fields on the site.
6.a Minimum order
The minimum order is set at € 15.00.
7. PAYMENTS
All orders are understood to be acquired after payment has been completed and are always inclusive of transport costs.
The customer can make the payment due by choosing one of the following methods listed:
Payment by credit card: in the event that the consumer intends to pay by credit card, he can make use of:
of the procedure integrated in the page that summarizes the payment methods
through Paypal, an extremely safe and reliable service, used for millions of transactions around the world. Once the check out is complete you will be directed to the PAYPAL payment gateway. It is not necessary to have a paypal account to be able to make a transaction, a credit card is sufficient. For more information: www.paypal.it
Cash on delivery: cash on delivery, valid only for Italy, is accepted only if made by money; consequently, pursuant to and by effect of art. 1197 of the civil code, payments made by bank check will not be accepted.
Payment by bank transfer: Payment by bank transfer can be made using the following details:
Italian post
IBAN: IT19O3608105138228616728626
BIC: PPAYITR1XXX
made out to Maria Teresa Villamena
In the event that the payment is made by bank transfer, the purchased goods will be shipped in the manner indicated in the following paragraph "Product Delivery", to the address indicated by the customer upon receipt of the credit, therefore on average within two / five days after making the transfer (the timing varies depending on the credit institution used).
In case of payment made in CASH ON DELIVERY (only for Italy), an additional cost of Euro 5.00 will be applied as the courier charges commissions for the collection of the amount. Cash on delivery must be paid to the courier exclusively in cash.
8. SHIPPING COSTS
SHIPPING COSTS FOR ITALY:
They will be calculated based on the weight of the products and declared in the order in the cart, before the payment operations.
SHIPPING COSTS FOR ITALY - ISLANDS AND SOME LOCATIONS:
Expenses to Calabria, Sardinia and Sicily undergo an increase compared to other Italian regions.
SHIPPING COSTS FOR EUROPE AND EXTRA EUROPE:
They will be calculated based on the weight of the products and declared in the order in the cart, before the payment operations.
9. DELIVERY TIMES
Items in Italy are shipped within 24/48 hours - 7 working days from the order, unless otherwise indicated for restocking.
Delivery is from 24/48 hours on the Italian territory up to 7 working days. For deliveries by appointment or with special requests they are at least 48/72 hours.
Fast delivery within 24 hours is available for a fee, to be agreed with us.
Items not available
If the ordered item is not available, we will notify you with an email about delivery times. In case of urgency we can propose a similar article. If you don't like the offer, we will refund immediately and completely.
Conditions
We are not responsible for any delays in delivery, which are entirely attributable to the courier service. However, we can assist you in the tracking and delivery process.
The goods always travel at the customer's expense and under his own risk. Enoteca Hispellum cannot be held responsible for damage or loss of the uninsured product during shipment of the same.
In case of damage or loss, please contact us to solve it together. Write to enotecahispellum@gmail.com
The Customer 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 other).
Any damage to the packaging and / or the product or the mismatch in the number of packages or indications, must be immediately contested, placing a written CHECK RESERVE on the courier's proof of delivery specifying the reason for the reserve (for example: crushed packaging, laundry, etc ...). The customer is obliged to send a notice of "withdrawal with reserve" to enotecahispellum@gmail.com, attaching photographs proving the defect. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 2 days of delivery.
10. GUARANTEE OF CONFORMITY AND DEFECTIVE PRODUCTS
The products purchased on the website www.enotecahispellum.com are subject to the regulations on the sale of consumer goods.
The delivered products comply with the characteristics illustrated online in the relative descriptive sheets.
Enoteca Hispellum is liable to the customer for any lack of conformity existing at the time of delivery of the goods.
11. DAMAGES
Any damage due to transport must be reported to the carrier upon delivery and promptly communicated by e-mail to Enoteca Hispellum.
12. RIGHT OF WITHDRAWAL
The consumer has the right to exercise the right of withdrawal as provided for by art. 5 of Legislative Decree 185/99 within fourteen calendar days of receipt of the goods.
The law applies to the product purchased in its entirety; therefore if the product is composed of several components or parts it is not possible to exercise the withdrawal only on part of the purchased product.
The right of withdrawal is excluded pursuant to art. 59 of Legislative Decree 21/2014 in the following cases:
Order of products made to measure or clearly personalized;
Order of Products that are likely to deteriorate or expire rapidly;
Order of sealed Products that cannot be returned for hygienic reasons or related to health protection or that have been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that the products that "risk deteriorating or expire rapidly" include all food products (including beverages) whose characteristics and qualities are subject alteration also as a consequence of inappropriate storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal is only applicable for Products purchased on the Site that can be returned and put back on the market without endangering the health of consumers. To this end, Enoteca Hispellum will specify in the product sheet the possible exclusion of the right of withdrawal for the above.
METHOD FOR EXERCISING THE RIGHT OF WITHDRAWAL
The right of withdrawal is exercised by sending, within 14 (fourteen) calendar days of receipt of the goods, a written communication by registered letter with acknowledgment of receipt to the following address:
Hispellum wine shop by Maria Teresa Villamena, Via Corso Cavour, 35 - 06038 - Spello - Italy
The notice of withdrawal can be sent, within the same term, also by certified electronic mail to enotecahispellum@pec.it.
Returns must be previously authorized in writing by Enoteca Hispellum via email.
The customer is required to return the goods to Enoteca Hispellum within fourteen working days from receipt of the return authorization. The date of sending the authorization is valid.
The goods must be returned to Enoteca Hispellum complete with all accessories and everything originally delivered to the customer, as well as packed in its original wrapping. The returned product must be accompanied by a copy of the electronic order receipt. the Customer will, at his own expense, ship the product carefully packed, indicating on the packaging the Return Authorization Number at Enoteca Hispellum di Maria Teresa Villamena, Via Corso Cavour, 35 - 06038 - Spello - Italy.
We do not accept returns if the products have been tampered with or rendered unusable due to negligence. The products must be returned intact and in their original packaging.
According to the provisions of art. 5 paragraph 6 of Legislative Decree 185/99 the costs of returning the goods are charged to the customer.
REFUND
If the right of withdrawal is exercised by the customer in accordance with the provisions contained according to the Methods for exercising the right of withdrawal, Enoteca Hispellum will proceed to the transmission of the re-credit order relating to the cost of the goods shipped within 30 (thirty) days from the date in which became aware of the exercise of the right of withdrawal by the customer.
This operation will be carried out through the credit card issuing institution of the credit card used for payment or by crediting the sum to the bank account indicated by the customer.
Enoteca Hispellum has the right to reject any product returned in ways other than those specified above, as well as products for which the return costs have not been fully paid by the customer, open and / or damaged food products, or have not been respected. the methods and times indicated for communicating the exercise of the right of withdrawal.
13. EXPRESS TERMINATION CLAUSE
In the event of total or partial non-payment of the purchase price of the property, Enoteca Hispellum reserves the right to declare pursuant to and for the purposes of art. 1456 of the civil code terminated this contract by sending a written communication to the customer's electronic address.
14. COMPLAINTS
For any complaint or clarification, the customer must contact the e-mail address enotecahispellum@gmail.com
The customer will be contacted for clarification within 3 (three) working days from the request.
15. METHOD OF USE
Enoteca Hispellum declines all responsibility in case of improper use of the products offered for sale.
Enoteca Hispellum cannot be held responsible for any damage, direct or indirect, suffered by the Customer due to incorrect or improper use of the product, neglect, use of the product in unsuitable environments due to excess humidity, excessive heating or other weathering.
16. TREATMENT OF PERSONAL DATA
Enoteca Hispellum pursuant to art. 13 of Legislative Decree 196/2003 and of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 concerning the protection of individuals with regard to the processing of personal data, as well as the free circulation of such data, informs that personal and fiscal data, provided directly by the interested parties, or otherwise acquired in the context of the Company's activity, will be processed in compliance with the aforementioned legislation, including the confidentiality obligations provided for by them. For more information, see the Privacy Policy page.
17. APPLICABLE LAW AND JURISDICTION
This contract is regulated by the Italian law.
The exclusive jurisdiction and forum for any legal action brought by the Purchaser under this warranty or any further legal guarantees will be the Court of Spoleto.
In the event of Enoteca Hispellum's victory in any legal action, the plaintiff will have to reimburse Enoteca Hispellum for the expenses, including lawyers' fees and court costs, incurred by Enoteca Hispellum for its own defense.
18. REFERENCE
Although not expressly provided for in this contract, the rules of Italian law in force apply.