General terms and conditions of MezzoEttaro® Online shop
1.1 The sale of products and services made online on the site https://www.mezzoettaro.it (hereinafter, also just “Site” or “MezzoEttaro®”) is governed by these general terms and conditions.
1.2 The User of the Site is required, before submitting the purchase order, to carefully read these general terms and conditions.
1.3 The forwarding of the purchase order implies full knowledge and express acceptance of these general terms and conditions.
1.4 These general terms and conditions are also available in English in the appropriate section of the “EN” Site.
- General information
2.1 MezzoEttaro® is an e-commerce site owned by the Azienda Agricola Mezzo Ettaro of Giorgio Dolcetta Capuzzo (hereinafter, also just “Owner”).
2.2 The products (i.e. wine and oil) and services (i.e. visits and tastings) offered on the Site are offered for sale by the same Azienda Agricola Mezzo Ettaro di Giorgio Dolcetta Capuzzo (hereinafter, also just the “Seller”).
2.3 These general terms and conditions do not regulate the sale of products and / or the provision of services by parties other than the Seller, even though they may be present on the Site through hypertext links, advertising, links or banners. The Seller is therefore not responsible for the sale of products or the provision of services by such subjects. Before carrying out commercial transactions with third parties, the User must check the relevant conditions of sale.
- Personal data of the Owner / Seller
Azienda Agricola Mezzo Ettaro di Giorgio Dolcetta Capuzzo
via Pigno n. 7
37029 San Pietro in Cariano (VR) – Loc. San Florianoa
Tax code DLCGRG47L22F205P and VAT number 01228050231
Registered in the Verona Business Register under no. REA VR-431333
Telephone: +39 348 4511345
E-mail address: firstname.lastname@example.org
Pec address: email@example.com
- Status of the Site User and definitions
4.1 The offers of products and services promoted on the Site, based on art. 7 of Legislative Decree 158/2012, are aimed only at adults.
4.2 By browsing the Site and submitting the purchase order, the User declares and guarantees:
– to have the ability to act to conclude legally binding contracts;
– to be over 18 years old;
– not to make purchases on behalf of persons under the age of 18.
4.3 In any case, the Seller reserves the right not to process requests for orders from persons who do not have the age requirements referred to in the preceding points.
4.4 The offers of products and services promoted on the Site also appeal to both the “Consumer” User and the “Professional” User.
4.5 “Consumer” User means the natural person who makes the purchase for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, pursuant to art. 3 lett. a) Consumer Code.
4.6 “Professional” User means the natural person who makes the purchase in the exercise of his business, commercial, craft or professional activity, or his intermediary, pursuant to art. 3 lett. c) Consumer Code.
- Nature of the contract and applicable regulations
5.1 The sale of the products and services offered on the Site constitutes a distance contract.
5.2 The provisions applicable to the contract are those provided for by Legislative Decree n. 206/2005 (“Consumer Code”) and subsequent amendments, in addition to those generally applicable to the type of service provided pursuant to Legislative Decree n. 70/2003 and subsequent amendments on information society services and electronic commerce, as well as the rules provided for by the Civil Code and special laws, if applicable.
- Use of the service and data entry
6.1 The use of the services offered within the Site is accessible only after completing the relevant forms.
6.3 At any time, the User may request the updating, modification or cancellation of the data provided by completing the form, by sending an email to the Site Owner at the address indicated in par. 3.
6.4 Orders received and accepted cannot be modified, unless the Seller’s consent exists and the goods have not yet been shipped.
6.5 The products on the Site cannot be resold by Users, directly or indirectly.
6.6 In the case of orders, coming from anyone, which are anomalous in relation to the quantity of products purchased, or the frequency of purchases made, the Seller reserves the right to take all necessary actions to stop the irregularities, including suspension, non-acceptance or cancellation of orders received.
- Conditions of the offer
7.1 Orders are subject to availability and the Seller’s discretionary acceptance.
7.2 The prices, descriptions and availability of the products and services displayed on the Site are subject to change by the Seller without notice.
7.3 The photos inserted are adapted in relation to the display tool and for this reason they are merely indicative of the appearance and dimensions of the products, as they may partially differ from the images presented.
7.4 The user acknowledges and accepts that the differences referred to in paragraph 7.3 above do not constitute a lack of conformity of the products purchased.
7.5 The seller also points out that the products offered for sale, taking into account that the intrinsic characteristics of the fruits harvested may be different from one year to the next due to external factors unrelated to the Seller, may undergo slight variations in terms of color, perfume and taste compared to the same products purchased in previous years. The User acknowledges this eventuality and accepts that it, if it occurs, does not constitute a defect and / or defect in the products purchased.
7.6 Even after sending the Order Confirmation e-mail, in the event of unavailability of some products due to unforeseeable causes at the time of the conclusion of the order, the Seller will re-credit the amount paid to the User.
- Purchase procedure
8.1 Each order request sent by the User constitutes an offer to purchase products or services.
8.2 It is the responsibility of the User to accurately indicate a valid e-mail address and to periodically check his / her e-mail inbox.
8.3 Upon receipt of the order request by the Seller, the User will receive an “order confirmation email” containing the information relating to the selected offer, a summary of the billing data and the delivery address, the cost of shipping, the total amount to be paid and the bank details to make the transfer.
8.4 The “order receipt confirmation email” referred to in the previous point does not constitute acceptance of the order by the Seller.
8.5 Once the bank transfer is credited, the User will receive a further “order acceptance email” and the Seller will proceed, in the case of the purchase of wine and oil, with the shipment of the products.
8.6 In the absence of the “order acceptance email” referred to in the preceding point, the sales contract cannot be considered validly concluded.
9.1 All sales prices indicated on the Site are expressed in Euros and include VAT.
9.2 Shipping and delivery costs, as well as any additional charges, are not included in the price, and are charged to the Buyer.
9.3 The prices indicated for each of the products or services are valid until the date indicated on the Site or until their modification, it being understood that the price will be that indicated at the time of purchase.
9.4 The Seller may make special offers during the year.
10.1 For each order placed, if the User has made an express request, by ticking the appropriate box in the order submission form and has provided the tax data necessary when completing the form, the Seller will issue an invoice for the material sent or of the service provided, by sending it by e-mail to the User who holds the order.
10.2 For the details given at the time of issuing the invoice, the information provided by the User at the time of processing the order is valid.
10.3 No variation of the invoice will be possible at a later time after the issue of the same.
11.1 The Seller undertakes to deliver the products purchased by the User to the shipper in charge within 5 days of sending the order acceptance email.
11.2 In the event that the Seller is unable to ship within the period referred to in the preceding point, it will promptly notify the Buyer by e-mail, or by telephone if contact information was provided during the order.
11.3 The insurance on the goods is that of the courier who makes the delivery and is already included in the shipping costs.
12.1 Delivery is managed directly by the courier and delivery times vary according to the quantity of products purchased and the place of destination.
12.2 The Seller cannot be held liable for damages suffered by the Buyer due to delays in delivery that are not dependent on foreseeable circumstances by the parties at the time of sending the order acceptance email.
12.3 At the time of delivery of the goods by the courier, the Buyer is required to check that the number of packages / products actually delivered corresponds to that indicated in the transport document and that the packaging of the packages / products is intact in all its part, not damaged or compromised by atmospheric events or otherwise altered.
12.4 If the Purchaser finds any anomalies or evident damage to the packaging and / or the products contained therein or the mismatch in the number of packages / products, he must immediately contest them, making a written reservation of control (specifying the reason for the reservation, eg . “punctured packaging”, “crushed packaging”, etc.) on the courier’s proof of delivery and inform the Seller at the email address referred to in par. 3.
12.5 Once the delivery note has been signed, the Purchaser will not be able to make any objection about the external characteristics of what has been delivered.
12.6 In case of non-collection within 5 working days of the material in storage at the courier’s warehouses due to repeated impossibility of delivery to the address indicated by the User at the time of the order, or, in the event of non-delivery due to incorrect indication of the User’s contact details, the products will be returned to the Seller, who:
- will reimburse the price of the products, but not the cost of shipping, and with the deduction of the amounts relating to the opening of the storage procedure, the costs of storage and return of the product; or,
- will make arrangements for the new fulfillment and the related additional shipping costs.
12.7 The Seller cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the User, for any damage that may have occurred to the products after delivery to the first carrier or for delays in delivery attributable to the carrier itself.
- Right of withdrawal
13.1 The “Consumer” User has the right to withdraw from the contract without indicating the reasons, within 14 days from the day on which the products were delivered.
13.2 To exercise the right of withdrawal, the User is required to inform the Seller of the decision to withdraw by sending an email to the email address referred to in par. 3.
13.3 In the event of withdrawal, the User will be reimbursed for all payments made to the Seller in relation to the individual sales contract subject to withdrawal, including delivery costs; the only costs charged to the User are those for returning the purchased products, including liability in the event of loss or damage to the products.
13.4 The refund will be made using the same payment method used by the User for the purchase. Where this is not possible, the User may agree on a different reimbursement method. In any case, the User will not incur any costs as a result of this refund.
13.5 The refund may be suspended until receipt of the goods or until the User demonstrates that he has returned the goods, whichever is the earlier.
13.6 The User must insert a copy of the order confirmation email and the payment receipt inside the packaging box.
13.7 The User is obliged to return the goods intact and in a state of suitability for use, and to deliver them to the Seller without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw.
- Limitations to the right of withdrawal on products
14.1 The right of withdrawal, in addition to compliance with the terms and methods described in the previous paragraph no. 6, is understood to be exercised correctly if the following conditions are met:
- a) the bottles (of wine or oil) purchased must be intact;
- b) the products must be returned in their original packaging;
- c) the products must be returned to the Seller in a single shipment.
14.2 The right of withdrawal cannot be exercised in the case of customized products at the explicit request of the User at the time of sending the order request.
- Lack of conformity and warranties
15.1 The User has the right to a guarantee on the conformity of the products and services purchased.
15.2 To exercise the right of guarantee, the User must indicate the order number, an accurate description of the defect and the payment receipt, as well as any photographic material suitable to facilitate the verification of the defect of the goods.
15.3 In the case of a “Consumer” User, the guarantee has a duration of 24 months starting from the delivery of the products and the lack of conformity must be communicated to the Seller by registered letter with return receipt or PEC communication, within 2 months of discovery.
15.4 If the lack of conformity of the product is ascertained, the “Consumer” User has the right to obtain its repair or replacement. He also has the right to request a reasonable reduction in the price or the termination of the contract if the repair and replacement are impossible or excessively expensive, the Owner has not repaired or replaced the goods within a reasonable period, in any case not less than 15 days, or the replacement or repair previously carried out has caused significant inconvenience to the User.
15.5 In the case of a “Professional” User, the warranty lasts for one year starting from the delivery of the products and the lack of conformity must be communicated to the Seller by registered letter with return receipt or certified e-mail within 8 days from the discovery of the defect. In this case, if the lack of conformity of the product is ascertained, the non-consumer User has the right to terminate the contract or to reduce the price pursuant to Articles 1490 and following cc.
- Limitation of Liability
16.1 The Seller will not be liable for damages that may arise to Users from the use of the Site, such as computer viruses, omissions, service interruptions and software failures, even to the detriment of the User’s computer equipment.
16.2 The Seller guarantees the correct conservation and quality of the food products only up to the time of delivery at the place indicated by the User.
16.3 Although the Owner strives to ensure that the information provided on the Site is correct, he does not promise that this information is accurate or complete if it is not expressly provided for by applicable law or the Regulations.
16.4 The Owner may make any changes to the material on the Site or to the services and prices described therein, at any time and without prior notice, by communicating these changes to Users in the same manner in which such information was provided.
16.5 In case of doubt regarding the information provided through the site, before submitting the order request, it is the User’s responsibility to contact the Owner in order to obtain confirmation of the information.
- Access to the service
17.1 Although the Owner makes every effort to ensure that access to the Site can normally take place twenty-four hours a day (24h / 24), the same does not assume any obligation in this regard and is not liable to the User in the event that the Site, at any time or for periods of any duration, is not available.
17.2 The transmission of information via the internet is not completely secure. Although the Data Controller adopts the measures prescribed by law for the protection of the information entered, it is unable to guarantee the security of the data transmitted to the Site; the transmission is therefore carried out at the User’s risk.
17.3 The Owner reserves the right to add, remove features or features or suspend or completely interrupt the provision of the Service, both temporarily and definitively.
- Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site and its Services without the express and written permission of the Owner.
- License to use
19.1 The use of material from the Site itself for commercial purposes is not permitted without having obtained express and written authorization from the Owner.
19.2 The Site cannot be used and no part of it can be reproduced or stored on any other website nor can it be included in any system or service, public or private, for the electronic retrieval of information without the prior express and written authorization of the Seller. .
19.3 Rights not explicitly granted on this Site are reserved.
20.1 The Owner is the owner of all rights relating to the graphic and conceptual content of the Site.
20.2 All trademarks of the Site, figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos appearing on the Site are and remain the exclusive property of the Owner and are protected current trademark laws and related international treaties.
20.3 The User agrees to, and undertakes not to use in any way the trademarks, trade names, service marks and other logos, the characteristics of the brands and the names of products and services of the Site without prior written authorization from the of the Owner.
21.2 For any requests for information on the processing of personal data or complaints, the User must contact the Data Controller at the email referred to in par. 3.
23.1 The Owner reserves the right to make changes at any time, giving notice to the User by publishing it on the Site.
23.2 The changes made to these general conditions of contract will be applied ratione temporis towards the individual Users; facts that occurred, legal relationships concluded before the entry into force of the new general terms and conditions, will be fully governed by the previous version.
23.3 It is recommended to print a copy of these general terms and conditions for future reference.
23.4 The User who continues to use the Site after the publication of the changes accepts without reserve the new general terms and conditions.
Should any clause of these general conditions of contract prove invalid, illegitimate or ineffective, the aforementioned clause will be eliminated in the strictly indispensable part, while the remaining clauses will not be affected by this and will remain effective.
- Applicable law and competent court
25.1 These general conditions of contract and all disputes regarding the execution, interpretation and validity of the individual sales or service contracts concluded from time to time are subject to Italian law.
25.2 If the User does not qualify as a “consumer”, any disputes relating to the interpretation, execution, invalidity, etc., of these terms and the individual sales or service contracts concluded will be subject to the exclusive jurisdiction of the Court of Verona.