General conditions of online sale
Art. 1 - Definitions / Subjects
1.1. These General Conditions, available in favor of the consumer for reproduction and conservation pursuant to art. 12 d. 70/2003, have as their object the purchase of products, carried out remotely by means of a telematic network through the website www.mistergrape.com (hereinafter the Site) belonging to DNG srl, based in Rovigo, Via Don Lorenzo Milani , 13 / D, CF / VAT 01555820297, mail firstname.lastname@example.org, pec email@example.com. tel. +39 351 606 6652
1.2. By "online" sales contract we mean the distance contract, that is the legal transaction having as its object the products illustrated and described on the Site (hereinafter Product / s) concluded between DNG srl (hereinafter also Seller) and a final consumer - Customer (hereinafter also Customer), in the context of a remote sales system organized by DNG srl which, for this contract, exclusively uses remote communication technology called the internet.
1.3. By consumer we mean the natural person who purchases goods and services for purposes that cannot be referred, either directly or medically, to any professional activity carried out.
1.4. The sale of alcoholic products is forbidden to minors. The offers of Products on the Site are aimed at customers of age. By placing an order through the Site, the Customer guarantees to be of age according to the legislation applicable to the Customer and to have the legal capacity to enter into binding contracts. If there is no legislation in this regard, the Client must be at least 21 years old.
Art. 2 - Acceptance of the conditions of sale
2.1. These General Conditions are valid from 02.15.22 and may be updated, integrated or modified, obviously having effect for the future, at any time by the Seller, who will communicate them through the pages of the Site; the conditions set out in the introduction are an integral and essential part of this contract.
2.2. All contracts will be concluded directly through the Customer's access to the Site, where the latter may, in fact, conclude the contract for the purchase of the Products.
2.3. The products, prices and conditions of sale on the Site - within the limits of their availability do not constitute an offer to the public, but an invitation to formulate an Order Proposal.
2.4. After completing the relevant form available at the link www.mistergrape.com/registati and sending the Order Proposal, the Customer will receive an email confirming / accepting the Order Proposal (hereinafter "Order Confirmation") . Consequently, there will be no contract between the Customer and the Seller until the Order Proposal is explicitly accepted by the Seller by sending the Order Confirmation.
2.5. The Contract will therefore be considered concluded when the Customer receives the Order Confirmation.
2.6. These General Conditions of Sale must be examined "online", before completing the purchase procedure. The submission of the Order Proposal therefore implies full knowledge of the same and their full acceptance.
2.7. The Customer, by sending the Order Proposal electronically, unconditionally accepts and undertakes to observe, in his relations with the Seller, the General and Payment Conditions illustrated below, declaring that he has read and accepted all the indications from him provided pursuant to the rules referred to below, also acknowledging that the Seller does not consider itself bound by different conditions unless previously agreed in writing.
2.8. The sales operations are governed by the provisions of d. lgs. n. 206/2005 (Consumer Code) or equivalent legislation in force in the country where the Customer usually resides, while the protection of confidentiality is subject to the discipline of Regulation no. 679/16 EU (GDPR) and by legislative decree n. 196 of 2003, as amended by Legislative Decree 101 of 2018, or equivalent legislation in force in the country where the customer usually resides.
Art. 3 - Shipping costs and payment methods
3.1. The cost of shipping is charged to the customer and varies according to the country of destination, as better specified in the purchase procedure.
3.2. All customers can pay for the ordered goods using one of the following payment methods: credit card, pay pal.
3.3. It should be noted that the Seller is not able to fully know the information relating to the Customer's credit card, which is managed directly by the third party who administers the payment. For this reason, the Seller will not be aware of such data, nor will it keep them and will have access only to partial information that the Customer decides to save (for example type of card, card expiry date, holder), insufficient to identify the card. but useful to the customer in case of subsequent purchases.
3.4. In no case can the Seller therefore be held responsible for the fraudulent use of credit and prepaid cards by third parties.
3.5. Transport costs are variable in relation to weight, size, delivery destination and / or any other services requested (insurance, delivery times, etc.).
Art. 4 - Delivery methods
4.1. The Seller will deliver the selected and ordered Products to the customers at the address indicated by them, by courier.
4.2. The Products will be delivered within the terms set out in art. 61 d. lgs. n. 206/2005. No responsibility can be attributed to the Seller for delayed or non-delivery due to force majeure or unforeseeable circumstances.
4.3. The Customer is required to verify, upon receipt, the conformity of the product delivered to him with the order placed; only after this verification, and without prejudice to the right of withdrawal provided for in point n. 8. the Customer must sign the delivery documents.
4.4. The Seller is not responsible for the delay in delivery of the products attributable to the carrier.
Art. 5. Availability of products
5.1. The Customer may purchase the Products under the conditions indicated in the electronic catalog prepared by the Seller and in the quantities existing in the warehouse.
5.2. The Seller does not guarantee the continuous availability of the products under the conditions offered, remaining committed, in case of unavailability and payment of the goods, to promptly inform the Customer and to reimburse the price without additional charges, within 30 days.
Art. 6 - Liability
6.1. The Seller assumes no responsibility for inefficiencies attributable to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, from executing within the agreed time. to the contract.
6.2. The Seller will not be liable to any party or third party for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, as the consumer is only entitled to a refund of the price paid.
6.3. The Seller is not responsible for any fraudulent or illegal use that may be made by third parties, credit cards and other means of payment, upon payment of the purchased products. The Seller, in fact, at no time during the purchase procedure is able to know the buyer's credit card number which, by opening a secure connection, is transmitted directly to the banking service manager.
Art. 7 - Guarantees and methods of assistance
7.1. The Seller is responsible for any defect in the Products and for their non-compliance with the Order placed, existing at the time of delivery of the goods.
7.2. By defect / non-conformity, we mean by way of example and not limited to:
• Lack of the organoleptic properties typical of the specific product;
• Malodorous product;
• Presence of residues on the bottom of the bottle;
7.3. The duration of the guarantee is 2 (two) years from the moment of delivery of the goods. This warranty is valid under the following conditions:
a) the defect occurs within 2 (two) years from the date of delivery of the Products;
b) the Customer submits a formal complaint to the Seller regarding the defects within a maximum of 2 (two) months from the date on which the defect was discovered, unless this is in contrast with the prevailing mandatory rules of the Customer's country of habitual residence;
c) the Customer presents the order number / commercial document / purchase invoice. Without prejudice to the above, only in the case of Products likely to expire before two years from their delivery, the guarantee is valid if the defect occurs within the expiry date or the so-called minimum storage term indicated by the manufacturer on the Products themselves.
7.3 In the event that the Product is returned due to the typical smell and taste of "cork", the Product must be returned with at least 2/3 of the original content and closed with the appropriately trimmed original cap.
7.4 In the event that the lack of conformity of the purchased Products has been ascertained by the Seller, the Customer will have the right to obtain a refund of the amount paid for the purchase of the Products. The return will be made through the same means used by the Customer for the initial purchase. All costs of returning products recognized as defective will be borne by the Seller.
7.5 It should be noted that some of the bottles offered for sale are ancient and have a long history of conservation, as they may come from private collections, restaurants, wine bars or rare wine dealers. Before the sale were checked by the Seller, the quale has found its perfect integrity, but has not been able to verify its content. The Seller therefore guarantees that the conditions of these bottles are exactly as described and photograph (s) present on the product page, but cannot guarantee that, many years after bottling, the wine contained in them is still perfectly preserved. The Customer declares to be adequately informed of these circumstances and acknowledges that the sale of these particular bottles is subject to the clause "as seen and liked".
Art. 8 - Obligations of the buyer
8.1. The consumer undertakes and undertakes, once the "online" purchase procedure has been completed, to print and keep these General Conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully satisfy the conditions referred to in Legislative Decree no. lgs. n. 206/2005 (Consumer Code).
8.2. These General Conditions may be updated or modified at any time by the Seller, who will communicate them through the Site.
8.3. It is strictly forbidden for the purchaser to enter false and / or invented and / or fictional data in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications for him; the personal data and the e-mail address must be exclusively their real personal data and not those of third parties, or of fantasy.
8.4. It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. The Seller reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
8.5. The Customer releases the Seller from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the Customer, as the Customer himself is solely responsible for the correct insertion.
Art. 9 - Right of withdrawal
9.1. The Customer, who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 (fourteen) working days from the day of receipt of the goods. purchased. The right of withdrawal must be exercised in compliance with the mandatory conditions established by the Seller and the right of withdrawal may be exercised as long as the asset has not been used.
9.2. Pursuant to art. 52 of the d. lgs. n. 206/2005, the consumer customer can exercise the right of withdrawal, except for goods sold "made to measure" and / or personalized, by returning the goods received in their original packaging, without tampering with any guarantee seal or simple opening and / or deterioration of the external packaging itself, and obtaining a refund of the price paid.
9.3. All costs of returning the products are charged to the Customer who, directly or by other means, will deliver them to the seller's domicile; all items must be received undamaged and in the same conditions as they were received, with their original packaging and any manuals and / or instruction booklets that are part of the package and of the original packaging; it is not allowed to return the goods in other ways.
9.4. The right of withdrawal may be exercised by sending an email to firstname.lastname@example.org. The Seller will accept the returned goods reserving the right to verify that the products have been returned in their original state and with their original packaging; only in this case he will forward the amount paid by the consumer for the purchase of the products.
9.5. The transport costs incurred for the delivery of the product to the Customer and for the eventual return to the Seller are not refundable.
Art. 10 - Authorizations
10.1. By filling in the appropriate space on the website, the Customer authorizes the Seller to use his credit card and to debit his current account in favor of the Seller for the total amount shown as the cost of the purchase made "online". The whole procedure is carried out via a secure connection directly connected to the bank that owns and manages the "online" payment service, which the Seller cannot access.
10.2. Should the consumer make use of the right of withdrawal, as articulated in point 9 of these General Conditions, or in any case in which the payment does not result in the completion of the sale, the amount to be refunded will be credited to the same credit card. .
Art. 11 - Contract termination and express termination clause
11.1 The Seller ha the right to terminate the stipulated contract by simply communicating it to the Customer indicating the reason; in this case, the Customer will only be entitled to a refund of any sum already paid.
11.2 The obligations assumed by the Customer pursuant to art. 8. (Obligations of the purchaser), as well as the guarantee of the successful completion of the payment, are essential, so that by express agreement, the non-fulfillment by the Customer of only one of these obligations will result in the legal termination of the contract pursuant to art . 1456 of the Italian Civil Code, without the need for a judicial decision, without prejudice to the right of the Seller to take legal action for compensation for further damage.
Art. 13 - Protection of personal data
13.1 The Seller undertakes to process the personal data collected for the Customer's registration and to activate the procedures for the execution of this contract, in compliance with the legislation for the protection of personal data (GDPR and TU 196/03 as amended by Legislative Decree 101/18) and for the purposes and with the methods better specified in the information provided pursuant to art. 13 EU Reg. 679/16 available at the following link www.msitergrape.com/privacy.
Art. 14 - Jurisdiction and competent court.
14.1 These General Conditions are governed by Italian law and will be interpreted on the basis of it, without prejudice to any other prevailing imperative rule of the country of habitual residence of the Customer. Consequently, the interpretation, execution and termination of the General Conditions are subject exclusively to Italian law (without prejudice to any other prevailing imperative rule of the Customer's country of habitual residence) and any disputes relating to and / or consequent to them must be resolved exclusively. by the Italian Jurisdictional Authority, as better specified below.
14.2 In particular, if the Customer qualifies as a Consumer, any disputes must be resolved by the court of the Customer's place of domicile or residence based on the applicable law or, at the Customer's choice in the event of an action taken by the same, by the Court of Rovigo. If the Customer acts instead in the exercise of his business, commercial, craft or professional activity, the parties consensually establish the exclusive jurisdiction of the Court of Rovigo, Italy.
14.3 Online platform for alternative dispute resolution (ODR).
Given that the Seller is always available to seek an amicable solution to disputes that have arisen, through the contacts indicated in the preceding points, we inform you that, according to article 14 of EU Regulation no. 524/2013 and by the resolution on the ODR referred to in the Statutory Instrument n. 500/2015 in force since February 15, 2016, an online platform for the resolution of ODR disputes ("online dispute resolution") deriving from the purchase of goods online has been established by the European Commission, accessible at the following link: https: // webgate.ec.europa.eu/odr). Through the ODR platform, it is possible to consult the list of ODR bodies, find the link for each of them and start an online dispute resolution procedure. More information on the platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show.
14.4 The right of the Customer to apply to the ordinary judge competent for the dispute deriving from these General Conditions of Sale, whatever the outcome of the out-of-court settlement procedure described above, as well as the possibility, where appropriate conditions, to promote an out-of-court resolution of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II - bis of the Consumer Code (Legislative Decree No. 206/2005).