Terms and conditions of online sale

 

1) SUBJECT.

These General Contract Conditions apply to all transactions concluded between Enoselzione Vini d'Italia (hereinafter also only "Enoselection" or "The Seller") and the final purchaser (hereinafter also only "Purchaser"), with object the Products offered for sale on the siteenoselezione.com

In the event of incompatibility between these General Conditions and any different agreements between the Seller and the Buyer which are nevertheless contained in specific Contracts or in any other document and / or written model of the Seller, the Special Conditions of the Seller shall prevail over the General Conditions of reported below limitedly to the clauses expressly regulated in the Special Conditions, without prejudice to the rest.

These Conditions are made available through a special link before forwarding the shipping order and also on simple request, so they are to be considered known by the Buyer and in any case understandable according to ordinary diligence.

2) DEFINITIONS. 

Salesperson: subject who sells through the site enoselezione.comthe Products (wine, other alcoholic beverages, food products).

The seller is Enoselezione Vini d'Italia with registered office in Rome in Via San Giorgio Morgeto, 165 C.F./P.IVA IT03939911008 REA RM – 717193 Share capital 10,200.00 euro, PEC enoselezione@pec.it.

The Seller's virtual store is hosted by Shopify Inc. which provides the e-commerce platform and which allows you to sell, through private transactions electronically and remotely, by monitoring the performance of the site itself.

Buyer: subject who holds the subjective requirements for the purchase of alcoholic beverages through the Site enoselezione.myshopify.com  and who purchases the Products offered for sale by the Seller.

Consumer: natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. The Seller's Site is aimed exclusively at Buyers who are Consumers.

Products: wine or other alcoholic beverages produced by the Castelfeder Sas Di Giovanett Guenther & C. Winery, Via Franz Harpf, 15, 39040 Cortina s.S.d.V. (BZ), and / or by other third parties indicated on the Site from time to time, and marketed by Enoselezione.

Forwarder: supplier to whom the goods are entrusted by the Seller, directly appointed by the Buyer to conclude a contract for the transport of the Products to the chosen destination with third party carriers.

Pick-up Point: shop affiliated with Enoselection from which it is possible to directly collect the goods purchased

3) CONDITIONS OF SALE.

The Site is aimed exclusively at Buyers who:

- are "consumers" (ie acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out);

- have already reached the age of majority and can therefore purchase the Products offered for sale on the Site in accordance with the provisions of current legislation on electronic commerce and the sale of alcoholic products (in this regard, the Seller expressly reserves the right not to follow up to orders from non-consumers and / or minors);

- even if they reside in a state other than Italy, they accept that the sale will take place in Italy, with delivery ex warehouse on Italian soil, as better specified in the following art. 8) of these Conditions.

In the event that the Purchaser wishes to purchase the Products not as a private subject but as a professional holder of VAT, he must contact the Seller directly by telephone at the telephone numbers of the Rome office: +39 06 722 1280 or Egna: +39 0471 820 425 or by e-mail at info@enoselezione.com. In this case, the sale will be governed by the legislation in force at the time of the order in the field of B2B e-commerce.

With the acceptance of these General Conditions, the Buyer will directly instruct the shipper to conclude a transport contract with third party carriers for the transfer of the purchased products from the place of delivery at the Seller to the chosen destination.

These General Terms and Conditions are drawn up in Italian, German and English. Contracts stipulated electronically between Buyer and Seller are considered concluded and executed in Italy and are therefore governed by Italian law.

For all matters not covered by these General Contract Conditions, the Parties expressly refer to the provisions of the Italian law on the matter.

Any nullity, invalidity or ineffectiveness of one or more contractual clauses will in no case compromise the validity or effectiveness of the contract and other contractual clauses.

The Purchaser is requested to print a copy of these General Conditions and / or to store them on a durable medium.

The General Contract Conditions may be periodically modified by Enoselezione in compliance with any updates and legislative changes and / or following the modification of its company policies. Any update and / or modification will be regularly published on the Site and will be immediately effective by the publication itself.

Any other information can be requested directly from Enoselezione by writing an e-mail to the e-mail address: info@enoselezione.com or by calling the Rome office number: +39 06 722 1280 or the Egna office: +39 0471 820 425.

By registering on the Site, the Buyer agrees to receive communications sent by e-mail including commercial and / or newsletters to his e-mail address. If you do not want to receive offers and promotions, you can unsubscribe directly from the newsletter or report it by e-mail to the address indicated above.

 

4) INFORMATION ON PRODUCTS AND PRICES.

The products offered for sale on the site enoselezione.myshopify.com are those published in the Seller's catalog / showcase. The images of the Products offered for sale may not correspond to the real ones due to the Internet browser and / or monitor used.

Information on the essential characteristics of the Products is indicated on the Site, in the information sheet relating to each product.

The prices of the Products are expressed in Euros and include VAT. When purchasing the Products through the Site, the related shipping costs will also be indicated. The prices indicated on the Site may be subject to updates; the Buyer is therefore required to check the final price of the service before submitting the relevant Purchase Order.

The offers contained on this Site will be valid as long as the products are published on the same.

The Buyer is aware of the fact that, due to the intrinsic nature of the Products offered for sale, it is possible that some products become unavailable due to out of stock. In this case, the Seller will promptly notify the Purchaser who placed the order of the unavailability of one or more purchased products. In the case of sending a Purchase Order for a product that is no longer available, and without prejudice to a different agreement in the meantime between the Parties, Enoselection will refund the sum paid by the Buyer, in the same manner as those used for the payment.

 

5) HOW TO PURCHASE PRODUCTS.

To conclude the purchase contract for one or more Products through the Site, the Purchaser, after selecting the Product or Products of his interest, must complete and transmit to the Seller electronically a Purchase Order of the selected Products in electronic format. (which is valid as a purchase proposal), indicating the Products for which the purchase is requested, the payment method chosen among those permitted on the Site, and the personal data necessary for the completion of the operation and delivery of the goods.

The Purchase Order consists of a "Personal Data" screen in which the user must indicate the personal data required by the format and necessary for the identification of the Purchaser and for the purchase and delivery of the Products, and of a screen for selecting and activating the chosen payment method. The Purchase Order also contains a summary of the identification of the Products ordered and the relative price (including VAT), the means of payment available to purchase each Product, the methods of delivery of the Products, and the shipping costs.

The Purchaser, under his own full responsibility, both civil and criminal, is required to provide truthful data, both in relation to his personal identity and his age of majority, as well as in relation to the place of destination of the Products.

Before confirming the purchase request for the Products, by sending the Purchase Order, the Purchaser will be asked to confirm that he has carefully read the General Terms and Conditions and the information relating to the processing of his personal data.

By means of the "send the order" option, the Purchaser instructs the Freight Forwarder to conclude, in his own name and on behalf of the Purchaser himself, a contract for the transport of the Products and consequently accepts the terms and conditions of the Freight Forwarder .

Upon receipt of the order proposal, the Seller will check the actual availability of the product and will send confirmation of its acceptance, or will indicate the reasons why the order will not be processed.

The contract is concluded when the Seller: 1) accepts the Purchase Order electronically, after verifying the correctness of the data relating to the order itself; and 2) receives lAccreditation ofl payment.

In the case of a purchase made by the Buyer by bank transfer, the contract will end when the Seller receives the actual credit of the payment made by the Buyer. Therefore, until that moment the goods cannot be picked up by the Freight Forwarder in charge of the shipment.

Once the Order has been placed, the Purchaser will have access to a personal reserved area in which he can, through the use of the user name and a password, log in and access this reserved area at any time to verify the status of your order and keep track of orders previously placed through the Site, which will be stored there.

The Purchase Order will be filed in the Enoselection database for the period of time necessary to process the orders and, subsequently, for the time allowed by current legislation on the retention of personal data, as better indicated in the section of privacy policy.

 

6) WINE CLUB PROGRAM

By following the instructions on the Site, the Purchaser can subscribe to the "Wineclub" loyalty program, which provides a fixed discount on the list price in effect at the time of the Order and on previews, provided that the Products are not already in promotion, at tastings, purchases and visits made through the Wineshop.

The terms and conditions for joining the "Wineclub" program are specified in this document.

Membership of the loyalty program is valid until voluntary interruption by the Buyer or until Enoselezione Vini d’Italia S.r.l. will keep the program in effect. In the event of interruption, each party must promptly notify the other party in writing.

The promotions connected to the "Wineclub" program are applicable, exclusively to members, also for purchases made at physical stores belonging to the Gruppo Enoselzione Vini D'Italia circuit, including the Wineshop Castelfeder / Pick Up Point Via della Madonna, 8 / 1 39044 Egna (BZ) Tel. +39 0471 812 928. It is however possible that not all the wines presented in the online catalog are available in the physical store.

The revocation of membership of this program does not affect the closure of the personal account. The Buyer will still be able to access their personal account and, in the case of online or in-store purchase, the conditions applied will be those reserved for non-members.

Subscription to the "Wineclub" program automatically implies subscription to the newsletter.

The Wineclub program falls within the scope of the Privacy Policy Regulations of Enoselection Vini d’Italia S.r.l. present at the following link.

 

7) NEWSLETTER

Subscription to the newsletter is not binding for the purchase of Products through the Site.

In case of subscription to the Newsletter, Enoselection will send periodic communications containing promotions, advertising and informative material and any one-off discounts.

At the time of registration, the User will receive a welcome discount voucher to be used on the occasion of the first online Purchase Order via the Site. The voucher can be combined with any specific promotions in progress, but cannot be combined with promotions reserved for members. to the Wineclub program.

The welcome discount voucher is to be considered a one-off, is valid for 3 (three) months from the subscription to the newsletter and is not transferable to third parties.

It is possible to unsubscribe from the newsletter at any time, as provided in the privacy policy.

 

8) PRODUCT AVAILABILITY.

It may happen that, after registration of the Purchase Order, the ordered Product is no longer available. In case of unavailability of the ordered product, the Buyer will be promptly informed by e-mail and the Purchase Order will be canceled. The Seller will propose to the Buyer the purchase of an alternative product of the same or higher price and / or with similar characteristics to the initial Product which is no longer available. If the Buyer does not accept this option, the Seller will proceed with the reimbursement of the amount paid by the Buyer for the unavailable Product, including shipping costs if provided, promptly, and in any case no later than 14 days. The refund amount will be communicated by e-mail, and credited through the same payment method used for the purchase or by bank transfer if specifically requested in writing.

 

9) METHOD OF PAYMENT.

Payment will be requested upon forwarding the Purchase Order, to be made through the means of payment expressly indicated on the Site. The same will include the relative shipping costs.

Once the payment procedure is successful, the goods will be sent by the Seller to the Buyer through the appointed Freight Forwarder (except in the case in which the Buyer has chosen collection at the Pick-Up Point), up to the place chosen destination.

The Purchaser is responsible, both civilly and criminally, for the truthfulness of the data provided as well as for the full and legitimate availability of the means of payment used.

The information relating to the means of payment (for example, the IBAN or the credit / debit card number and the date of its expiry) will be forwarded, via encrypted protocol, without unauthorized third parties being able to access it in any way. .

Until full payment of the price of the products ordered, the products remain the property of the Seller.

 

10) DELIVERY OF PRODUCTS AND SHIPPING.

The delivery of the Products by the Seller to the Freight Forwarder in charge will take place free carrier (FCA), at the following address: Magazzino Enoselezione Vini d’Italia S.r.l., Via Stazione, 46, 39044 Egna (BZ); alternatively, the Purchaser can personally collect their goods at the Pick Up Point.

With the acceptance of these General Contract Conditions and the transmission of the order, the Purchaser automatically gives a mandate to the Freight Forwarder to conclude, in his own name and on behalf of the Purchaser himself, a transport contract for the Products and to this end he agrees to consequently the General Conditions of Contract of the shipper.

The shipment of the Products is carried out only after receipt of the payment of the shipping costs. The Seller, having received payment for the Products, will deliver the goods to the address indicated. The Products will be picked up there by the Carrier / Freight Forwarder on the direct mandate of the Buyer and delivered to the destination address indicated in the Purchase Order.

With the beginning of the execution of the shipment, the shipment contract is considered concluded.

The Buyer undertakes to enter only true data on the site, assuming all responsibility for it.

Enoselzione will not be in any way responsible for any delivery delays, as it is not a direct party to the shipping and transport contracts.

Neither ANDnoselection, neither the Freight Forwarder may in no way be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the Purchase Order by theinquirer, and / or for any damage that may have occurred to the Products after delivery by Enoselection to the Carrier / Freight Forwarder on the direct mandate of the Buyer.

the General Terms and Conditions expected for the delivery of the Products are briefly summarized below.

Upon delivery by the treporter, the Buyer must check the contents of the shipment by specifying any anomalies in the delivery form.

Any disputes must be raised immediately to conveyor making the delivery. In the absence of these, the goods will be considered delivered correctly and accepted, and the Buyer will not be able to make any objection about the external characteristics of what has been delivered.

In case of damage due to transport which is evident from the packaging:

• the Buyer must expressly accept the package "with reserve" by declaring to the carrier, before signing for acceptance, "I accept with reserve right", after having opened the package in the presence of the carrier of the courier, describing in writing in the nature of the damage found in detail;
• The Buyer may reject the damaged goods if it is not possible to accept the package with reserve or in the event that the damage is still visible without having to open the package.

In cases where the Purchaser accepts with reserve or refuses the delivery, he is requested to promptly inform Enoselezione Vini d'Italia by writing an email to the following address: info@enoselezione.com, possibly attaching suitable photographic documentation certifying what is reported. More details are available at the following link.

In case of non-acceptance with reserve, no type of return request will be accepted if one or more products are damaged. 

 

11) FORCE MAJEURE.

Enoselection will be relieved of any contractual obligation to do or deliver, and will not be required to pay any indemnity, in the event of force majeure events that prevent the fulfillment of obligations imposed on it, such as, but not limited to: riots, insurrections , social unrest, telephone or computer breakdowns or serious damage to the security and operation of the internet, strikes and impossibility of supplying Products and materials.

 

12) RIGHT OF WITHDRAWAL ON PRODUCTS.

The Buyer has the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within fourteen (14) working days from the day of receipt of the Products purchased on the Site.

To withdraw from the contract, the Purchaser must send an e-mail to info@enoselezione.com following the instructions in the following link to obtain the return authorization code. Once the Buyer has obtained the return authorization from the Seller, he will have to return the Products, with the option of full or partial return, according to the instructions received from the Seller, entrusting them to the trusted courier identified by the Buyer. The return costs remain the sole responsibility of the Buyer who has exercised the right of withdrawal. The Purchaser is aware of the fact and accepts that the rates for the return of the Products may be different and higher than those paid for shipping.

The return of the Products must take place no later than fourteen (14) days from the date on which the Purchaser has expressly expressed his will to withdraw from the contract.

The right of withdrawal is exercised correctly if:

1. a) the communication of exercise of the right of withdrawal is sent to the email indicated above no later than fourteen (14) days from receipt of the Products;
2. b) the return of the Products took place according to the instructions given by the Seller in the return authorization email, as indicated in the document "right of withdrawal and product guarantees";
3. c) the Products have not been used or damaged (the bottles must be returned sealed);
   d) the bottle cap / seal, the front / back labels and the cap have not been removed, tampered with or altered;
   e) the Products are returned using the same packaging in which the goods were received, packaging which must be intact, properly sealed with complete and original contents. Alternatively, the Purchaser can opt for a packaging with the same safety features presented by the original packaging;
4. f) the returned Products are sent to the Seller in a single shipment. The Seller, in fact, reserves the right not to accept Products of the same order, returned and shipped at different times.

The right of withdrawal is in any case excluded in relation to:

• goods made to measure or clearly personalized;
• goods subject to deterioration or with a short maturity;
• Products that have been damaged, partially used, or in which the closure / seal has been tampered with / opened.

The Seller will check the integrity and quantities of the returned Products as soon as they are returned, promptly informing the Buyer of any discrepancies or damage.

If the right of withdrawal is exercised following the methods and terms indicated above, the Seller will notify the Purchaser of the acceptance of the return and will refund the sums already collected for the purchase of the Products, and possibly deduct the price of the Products consumed, opened, damaged and / or not returned.

Once the correct execution of the terms and conditions described above has been verified, the sums, quantified in the manner indicated above, will be reimbursed to the Buyer in the shortest possible time and in any case, within fourteen (14) days from the date on which the Seller has received the return delivery at the location indicated in the return form.

Unless otherwise expressly agreed in writing between the parties, the refund of the price will take place in the same manner in which the Purchaser made the payment.

If there is no correspondence between the recipient of the Products indicated in the Purchase Order and the person who made the payment of the sums due for their purchase, the reimbursement of the sums, in case of exercise of the right of withdrawal, will be made by the Seller, in any case, towards the person who made the payment.

If the Purchaser does not comply with the methods and terms for exercising his right of withdrawal, as specified above, he will not be entitled to a refund of the amounts already paid; he, however, will be able to get the Products back in the state in which they were returned to the Seller, with transport costs borne by the Buyer who has already returned the goods to the Seller. Otherwise, the Seller may keep the Products, in addition to the sums already paid for their purchase.

ATTENTION: since the risk inherent in returning the products weighs on the Buyer, Enoselection invites the Buyer who intends to exercise the right of withdrawal to insure, at his own expense, the shipment for the value indicated in the e-mail confirming the Order. Purchase.

 

 13) QUALITY OF PRODUCTS AND GUARANTEES.

The Seller does not sell Products of lower quality than the corresponding standards offered on the market. The Buyer is aware and accepts that the images and colors of the Products offered for sale on the Site may not correspond to the real ones due to the Internet browser and monitor used.

The legal guarantee of conformity is provided for by the Consumer Code and protects the consumer in the event of the purchase of defective or non-conforming Products.

Defective - non-compliant product means:

• product not corresponding to the one purchased;
• product that has alterations or modifications such as to compromise its consumability, such as, in this case, for example: oxidasic boxes, phosphatic boxes, iron boxes, protein boxes or cuprous boxes;
• product that has organoleptic qualities different from those declared by Enoselzione and / or by the third-party producer;
• product that has flaws and defects in the cap such as to have compromised the conservation of the product.

 

ATTENTION: The qualities of the product that are detected by the Consumer on the basis of subjective criteria and / or in any case on the basis of evaluations of the characteristics of the Product that are not objectively measurable cannot be considered flaws or defects. Furthermore, the Seller is not liable for flaws and / or defects due to poor storage of the product by the Buyer.

In the event of a complaint of defects due to hints of cork, the replacement or refund will be possible only for bottles with one-piece natural cork stopper.

The guarantee in favor of the Consumer operates for a period of two (2) years from the delivery of the goods. It is obviously understood that, for some wines or other beverages or food products, the life and quality cycle is less than this term: the guarantee will therefore be reduced based on the life cycle envisaged for each type of wine or other product.

ATTENTION: If the defect occurs after one (1) year from the delivery of the Product, it will be the Buyer's responsibility to demonstrate its presence already at the time of delivery.

The warranty does not apply to defects already existing at the time of delivery of the goods and not immediately reported upon receipt of the Products.

The guarantee can be exercised by sending an email to the following address: info@enoselezione.com following the instructions given below link.

The Seller will take delivery of the defective product to verify whether or not what is reported depends on a lack of conformity, as identified above.

Having found the lack of conformity, the Seller will replace the goods, if available, within a reasonable time from the request and without charging any costs to the Buyer, or will return the price if the same product, or similar product of the same quality, was not immediately available.

If the defective Product is no longer available in stock for replacement, the Seller may propose to the Buyer the replacement with a product of the same or higher price and / or similar characteristics to the original Product. If the Buyer does not accept this option, the Seller will proceed with the reimbursement of the sum paid by the Buyer for the flawed Product, possibly including shipping costs if provided, promptly, and in any case no later than fourteen (14) days to starting from the day following that of the return of the goods.

 

14) INTELLECTUAL PROPERTY RIGHTS.

These General Conditions of Contract are protected by copyright and therefore their use and reproduction by third parties, in whole or in part, on other websites, on platforms and / or on other computer or paper media of any nature, without the written consent of Enoselection under penalty of compensation for damage.

All trademarks owned by the various third-party manufacturers, whether registered or not, and all other distinctive signs such as company names, commercial names and names, illustrations, images, logos, registered and unregistered designs, copyrights and patents ("Rights of Intellectual Property "), appearing on the Products or otherwise reproduced on the siteenoselezione.com on accessories or packaging, are and remain the exclusive property of the legitimate owner of the same. Any reproduction, even partial, any modification or use of the Intellectual Property Rights, for any reason and in any form, without the prior written authorization of the owner of such property and / or exploitation rights is absolutely prohibited. Any combination or use in conjunction with any other trademark, symbol, logo and more generally any other distinctive sign capable of forming a complex sign is also prohibited.

 

15) APPLICABLE LAW AND SOLUTION OF POSSIBLE DISPUTES.

The General Contract Conditions are governed by Italian law on distance selling and electronic commerce.

For the resolution of any disputes that have arisen between the Seller and the Buyer regarding contracts for the sale of goods and services entered into online, is available at the following link:www.conciliareonline.it a platform specially established from Centro Tutela Consumatori Users (CTCU) - Conciliareonline.it with the aim of resolving disputes that occur during an online sale where "consumers" can lodge a complaint. The same will be managed by the ADR bodies who will act as arbitrators between the parties to resolve the problem.

The appeal is optional and alternative to the ordinary judicial procedure provided for by Italian law and / or by international treaties.

The place of jurisdiction for the resolution of any legal disputes is that of the Buyer's residence as long as he is a Consumer.

 

16) PRIVACY POLICY.

For information on the methods and purposes with which the Buyer's data are collected and used, please read carefully the privacy policy published on this Site at the following link.

By registering on the site, the Purchaser agrees to receive communications sent by e-mail including commercial and / or newsletters to his e-mail address. If you do not want to receive offers and promotions, you can unsubscribe directly from the newsletter or report it by e-mail to the address indicated above.