1. INTRODUCTION AND EFFECTIVENESS OF THE GENERAL CONDITIONS OF SALE
These general conditions of sale (hereinafter, “General Conditions”) have as their object the regulation of the purchase of products carried out remotely and made available, via the Internet, from the website www.rossodimazara.com/ecommerce (hereinafter, the “Site”) in compliance with Italian legislation pursuant to Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, “Consumer Code”). The seller of the products and owner of the Site is: Rosso di Mazara s.r.l. with registered office in Via Mario Fani 35, 91026, Mazara del Vallo (TP), C.F/ VAT no. 02549160816 and registration in the Trapani Company Register no. TP-179479, email address: info@rossodimazara.eu (hereinafter “Rosso di Mazara®”). The consumer who accesses the Site to make purchases (hereinafter “Customer”) is required, before sending the order, to carefully read these General Conditions which have been made available to him on the Site and which will be available for consultation at any time. by the Customer [also through the link contained in the confirmation email of each order to allow reproduction and storage] In the event that the person making purchases on the Site requests the issuing of an invoice and/or in any case is not a “consumer or user” as defined in the art. 3, paragraph 1, letter. a), of the Consumer Code, the withdrawal regulations referred to in the art. will not apply. 7 and 8 of these General Conditions nor, more generally, the provisions which pursuant to the same Consumer Code apply only to “consumers”. The contracts concluded with Rosso di Mazara® through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.
2. CHOOSING AND ORDERING PRODUCTS
The characteristics and prices of the various products on sale on the Site (hereinafter “Product” or “Products”) are shown on the page relating to each Product. To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions contained in the Site. The Customer must add the Product to the “Shopping Cart”, enter the shipping and billing information, select the desired payment method and, after having read the General Conditions and the Privacy Policy and confirmed their acceptance, confirm the order. By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these transcribed General and Payment Conditions. The contract stipulated between Rosso di Mazara® and the Customer must be considered concluded with the acceptance of the order by Rosso di Mazara®. This acceptance is communicated to the Customer through an order confirmation email containing a reference to these General Conditions, the order number, shipping and invoicing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs. The Customer will check the confirmation email and if he identifies errors in the order he will have 2 hours from receiving this email to contact Customer Service directly from the Site using the appropriate contact form accessible via the site footer under the heading ” Contact Customer Service”. After this deadline, the order will be processed for shipment and changes will no longer be accepted, without prejudice to the Customer’s rights referred to in the following article 7. Once the order has been received, Rosso di Mazara® will check the availability of stocks for the fulfillment of the order itself. In the event that one or more Products are not available, Rosso di Mazara® will process the order with only the available Products and the amount relating to the missing Products will be refunded within 10 working days through the payment method used for the purchase.
3. PRODUCT INFORMATION
The information and characteristics relating to the Products are available on the Site. The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the descriptive sheet. It is understood that the image of the Products themselves, sometimes accompanied by decorative elements, has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality but may differ in colour, size and combinations with other products. In the event of a difference between the image and the written product sheet, the description on the product sheet always prevails.
4. PRICES AND SHIPPING
For our shipments of “Message in the bottle”, “Sublime” and “Ambrosia” we rely on the service of qualified express couriers such as GLS and DHL. Shipments in Italy will take place exclusively within 48 hours after receiving confirmation of payments. For the bank transfer, the credit in our current account is valid (usually 2/3 working days from execution). We ship throughout Italy with a contribution of €10.00. For possible purchases outside of Italy, contact the administration at info@rossodimazara.eu. Product prices include all taxes and duties. All prices are expressed in Euros. Shipping is expected in Italy. When placing the order, the customer will be asked for the address to which he intends to receive the Products. If the area is not covered by the service, the customer will not be able to complete his purchase.
5. PAYMENT AND BILLING METHODS
5.1 Payment methodsThe Customer may pay the price of the Products and the related delivery costs by credit card, PayPal or bank transfer. The circuits on which it is possible to purchase within the Site are:Visa / Visa ElectronMasterCardPayPal / American ExpressOnce the order has been confirmed, the Customer will be redirected to the PayPal site where he can make the payment with his account or using a card, even prepaid, or in any case according to the methods accepted by PayPal and in compliance with the relevant conditions. Wire transfer. Following confirmation of the order, Customer Service will notify you that the order has been completed and will remind you by email summarizing the order to proceed with the transfer no later than 5 (five) days from the time of placing the order. receipt of acceptance by Rosso di Mazara®. Therefore, no later than 5 (five) days from receipt of the acceptance email, the transfer must be made to Rosso di Mazara® at the following bank details: ROSSO DI MAZARA® SRl Bank: ALLIANZ BANK – IBAN: IT 92 T 03589 01600 010570673328BIC: BKRAITMM Following the transfer, the Customer will send to Rosso di Mazara® by e-mail to the address: info@rossodimazara.eu copy of the bank transfer receipt made. If the Customer does not make payment within 5 (five) days of confirming the order, it must be considered canceled and the Contract may be terminated pursuant to art. 1456 Civil Code. The customer will be notified via email of the cancellation of their order. Please note that the banking institution chosen by the Customer may charge a commission for the execution of the transfer. 5.2 Invoicing of orders If the purchase is made by a professional, it will be possible to request the issuing of an invoice by selecting the appropriate box during the order procedure and entering the billing data including tax code and/or VAT number and recipient code and/or or PEC. In this case the invoice will be sent via email to the address indicated in the billing data. The professional is responsible for the correct insertion of the billing data and is expressly informed that, in case of failure to request the invoice during the order phase, it will not be possible to request it subsequently.
6. TRANSPORT AND DELIVERY
All purchases with home delivery will be delivered via a shipping service organized by Rosso di Mazara® with GLS courier, DHL, temperature-controlled vehicles or a different shipping agent chosen from time to time by Rosso di Mazara®, at its sole discretion, who will take care of the deliveries of the purchased Products. Rosso di Mazara® is not responsible for delays that are not foreseeable or cannot be attributed to it. Once the Products have been shipped, the Customer will receive a confirmation email which will include a link to refer to for tracking the shipment. Once the Products have been shipped, the Customer will receive a confirmation email which will include a link to refer to for tracking the shipment. We inform our kind customers that the expected delivery date will be communicated by the courier with adequate notice. In case of non-acceptance of the delivery date, no “scheduled” deliveries are foreseen and for any further delivery attempt the courier may charge a cost of €10 to be paid on delivery at the time of delivery. The Customer has the right to withdraw from the purchase contract, without prejudice to the cases of exclusion provided for in point IV below. To exercise this right, the Customer must send Rosso di Mazara® a communication within 48 hours from the date of receipt of the Products using the email: info@rossodimazara.eu. In case of exercising the right of withdrawal, Rosso di Mazara® will reimburse the Customer the entire amount of the returned goods, excluding shipping costs (where applicable), within 14 days from the date on which the withdrawal notice was received, without prejudice without prejudice to Rosso di Mazara®’s right to suspend payment of the refund until actual receipt of the goods. The refund will be made using the same payment method used by the Customer, unless the Customer has expressly requested a different method. Also in order to guarantee free returns pursuant to article 8 below, the Products must be returned in the same box in which they were received. In addition to the cases indicated in the Introduction (customer who is not a consumer and/or who requests an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 d. Legislative Decree 21/2014: – order of Products made to measure or clearly personalized; – order of Products that risk deteriorating or expiring rapidly; – order of sealed Products that are not suitable for return for hygienic reasons or related to health protection or which have been opened after delivery. With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that “risk deteriorating or expiring rapidly” include all food products (including wines, spirits and drinks) as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal is applicable only for the Products purchased on the Site which can be returned to Rosso di Mazara® and put back on the market without danger to the health of consumers.
7. ERRORS AND LIMITATIONS OF LIABILITY
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which Rosso di Mazara® cannot therefore be considered responsible, except in the case of willful misconduct or gross negligence. Rosso di Mazara® reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior communication, without prejudice to the Customer’s rights pursuant to these General Conditions and the Consumer Code. Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or recognition of compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to people and/or things, caused by non-acceptance or evasion, even partial. , of an order
8. COMPLAINTS
Any complaints must be forwarded to Rosso di Mazara® by e-mail to the following address: info@rossodimazara.eu
9. APPLICABLE LAW AND JURISDICTION
The sales contract between the Customer and Rosso di Mazara® is intended to be concluded in Italy and regulated by Italian law. For any dispute relating to the validity, effectiveness, interpretation or execution of each Contract as well as, in general, relating to navigation on the Site by the Customer or to the use of any functionality made available to the Customer through the Site, the competent authority will be exclusive jurisdiction is the Court of Marsala, except for the mandatory court of the place of residence or elective domicile of the Customer acting as a consumer customer, pursuant to art. 66-bis Consumer Code.
