General Conditions of Sale
1.1. These General Conditions of Sale (hereinafter General Conditions) govern and regulate the contract concerning the sale and home delivery of products sold (hereinafter Products) on the websites www.enotecapicone.com (hereinafter, without distinction, Site) of Enoteca Picone s.r.l., with registered office in Via Guglielmo Marconi 36, 90141 Palermo, VAT number 05957150823, registration with the Companies' Register of Palermo, no. R.E.A. PA - 287447 - (hereinafter Enoteca Picone); the contract is concluded by Enoteca Picone with a buyer (hereinafter the Customer) through a distance selling system using the communication technology called "internet" (hereinafter the Contract).
1.2. Enoteca Picone reserves the right to modify these General Conditions. The validity of the new General Conditions will be effective from the moment of their publication on the website, and will be active from that moment.
1.3. These General Terms and Conditions therefore form an integral and substantial part of the Contract.
1.4. The reference legislation is the Legislative Decree of 6 September 2005, n. 206 (Consumer Code) that regulates all processes of a negotiating and/or contractual nature in which consumers are involved and the Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 (Directive on Electronic Commerce), implemented by Italian law with the Legislative Decree of 9 April 2003, n. 70.
2. Orders and confirmations.
2.1. The Contract between Enoteca Picone and the Customer shall be considered concluded with the acceptance, even partial, by Enoteca Picone, of the purchase order coming from the Customer (hereinafter the Order).
2.2. The Order must be complete in every part and must contain all the elements necessary for the exact identification of the Products ordered and the place of delivery. By placing an Order, the Customer declares that he/she has read all the information provided to him/her during the purchase process and that he/she accepts these General Conditions in their entirety.
The Customer can only purchase the Products present in the catalogue of the Site at the time of placing the Order, as described in the relevant information sheets. The image accompanying the description of a product may not be perfectly representative of its characteristics, but may differ, for example, for the year of production indicated.
The Order cannot be placed in relation to Products which, although present in the catalogue of the Site, are indicated as not available.
In any case, the Products present on the Site are offered until their availability is exhausted.
Should an Order exceed the quantity existing in the warehouse, the purchase will be accepted only for the Products available. In this case, the Customer will be informed and can order the revocation of the order or the integration with a replacement product.
2.3. The Order confirmation by Enoteca Picone, sent by e-mail to the e-mail address indicated by the Customer at the time of the Order, is valid as acceptance.
The Order confirmation shall contain the identification number, the date of placing the Order, the indication of the Products purchased, the relative price, the delivery costs, the data provided by the Customer for invoicing and/or delivery, the payment method chosen by the Customer from those indicated in art. 3 below.
The customer must immediately check the contents of the order confirmation and immediately report any errors or omissions to Enoteca Picone.
Enoteca Picone may also send to the Customer, again by e-mail to the e-mail address indicated by the Customer at the time of the Order, a refusal of the Order.
It is excluded any right of the customer to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and / or property, caused by the rejection, even partial, of an order.
3. Prices and Payments.
3.1. All sales prices of the Products displayed and indicated on the Site constitute an offer to the public, are expressed in EURO and include VAT, unless otherwise indicated.
3.2. The Customer undertakes to pay the price of the Products indicated in the Order, following the specific instructions provided on the Site, using one of the following payment methods:
- payment with Credit Card
- Advance bank transfer
3.3.In case of purchase of Products with credit cards , at the same time as the conclusion of the online transaction, the reference bank will authorize and execute the payment of the amount related to the purchase made.
In case of cancellation of the Order by the Customer or in case of non-acceptance or refusal of the Order by Enoteca Picone, the same will request at the same time the cancellation of the transaction and the release of the amount committed. The release times, for some types of Credit Cards, depend exclusively on the banking system and can reach their natural expiry date (typically 24-25 days from the date of authorization). Once the transaction has been cancelled, under no circumstances can Enoteca Picone be held liable for any direct or indirect damages caused by delays in the failure of the banking system to release the amount committed.
Enoteca Picone reserves the right to request additional information from the Customer (e.g. fixed telephone number) or the sending of copies of documents proving the ownership of the credit card used. In the absence of the required documentation, Enoteca Picone reserves the right not to accept or refuse the Order.
For greater guarantee and security of the customer, at no time of the purchase procedure, Enoteca Picone is able to know the information relating to the credit card of the customer, transmitted through a secure connection directly to the site of the bank that handles the transaction. No computer file of Enoteca Picone will store such data.
In no case can Enoteca Picone be held responsible for any fraudulent or improper use of credit cards by third parties, upon payment of products purchased on the Site.
3.4. In case of payment by advance bank transfer, the execution of the delivery of the Products indicated in the Customer's Order will be kept suspended until the amount due has been credited to the bank account in the name of Enoteca Picone and indicated on the Site. The bank transfer must be made by the customer within two working days of receipt of the order confirmation email and the customer must provide proof of the order of the bank transfer by sending a copy to Enoteca Picone e-mail at firstname.lastname@example.org . The crediting of the amount transferred to the current account of Enoteca Picone must take place within ten working days of receipt of the e-mail attesting to the order confirmation.
Once one of the two terms mentioned above has expired in vain, the Order will be considered automatically annulled and will not be fulfilled by Enoteca Picone.
The reason for the Bank Transfer must be stated: (i) name and surname, name or company name of the Customer placing the Order; (ii) reference number of the Order and (iii) date of placing the Order.
4. Delivery and Shipping.
4.1. The Products are shipped to the Customer in suitable packaging to the destination address specified in the Order. In case of absence of the recipient at the time of delivery, a notice will be left and the customer must personally contact as soon as possible the courier or freight forwarder to agree on the methods of delivery.
4.2. The Products are accompanied by a Delivery Voucher or, at the Customer's request, an accompanying Invoice which lists all the Products shipped.
The Invoice must be requested at the time of the Order, communicating the VAT number. In no case will Invoices be issued after the shipment of the Products.
4.3. Shipping costs are borne by the Customer, to the extent indicated on the Site during the purchase procedure according to the table on the shipping page, and payment by the Customer will be made using the method chosen by the Customer at the time of the Order for payment of the Products.
4.4. If Enoteca Picone is not able to deliver the Products indicated in the Order, because they have become, even temporarily, unavailable after the confirmation of the Order, Enoteca Picone will promptly inform the Customer by e-mail. Any amount already paid by the Customer will be refunded as soon as possible and in any case no later than thirty days after receipt of the Order.
4.5. No responsibility can be attributed to Enoteca Picone in case of delay in the execution of the Order or in the delivery of what was ordered due to force majeure or unforeseeable circumstances.
5.1. Enoteca Picone shall not be held liable for any inefficiency due to force majeure (such as, for example, accidents, strikes, floods, fires, etc.) that may prevent, in whole or in part, the proper execution of the Contract.
Enoteca Picone shall not be liable to any party for any damages, losses and costs incurred as a result of non-performance of the Contract for the reasons mentioned above, the customer having only the right to a refund of the price paid.
Enoteca Picone is not responsible for any fraudulent or illegal use that third parties may make of credit cards and / or other means of payment, upon payment of the Products purchased on the Site.
5.2. In any case, it is already agreed that, in the event of ascertained liability of Enoteca Picone for any reason to the Customer, the liability of Enoteca Picone shall not be higher than the price of the Products purchased by the Customer and already paid and for which any dispute has arisen.
5.3. The responsibility of Enoteca Picone for delays in delivery can not exceed the amount of shipping costs incurred by the customer.
6. Liability of ancillary third parties.
6.1. Enoteca Picone is not responsible for the work of third parties who, as independent auxiliaries, intervene in the management or execution of payment transactions, delivery of Products and any other operation connected with the execution of the Contract.
7. Product Properties.
7.1. The right of ownership of the Products offered on the Site is acquired by the Customer after full payment of the Products and their delivery. The risk of breakage passes to the customer at the time of delivery of the products.
8. Right of withdrawal.
8.1. The CONSUMER Customer can exercise the right of withdrawal if:
- communicates the cancellation of the Order by e-mail to Enoteca Picone before receiving the order confirmation or before the goods have been shipped;
- not being satisfied with the purchase made, undertakes to complete and complete the return of the Products received.
The right of withdrawal must be exercised, under penalty of forfeiture, by registered letter with return receipt to the following address (which is also the address where to send the returned goods)
Enoteca Picone s.r.l., Via G. Marconi n. 36, 90141 Palermo,
within 14 working days of receipt of the Products. This communication can also be anticipated by e-mail to email@example.com within the same time, provided that it is confirmed by registered mail within 48 hours after sending the e-mail. This communication must contain the information necessary to identify the order, the willingness to give up the purchase and the indications of the Product or Products for which you intend to exercise the right of withdrawal, attaching a copy of the tax document (Invoice or Delivery Voucher).
8.2. The right of withdrawal is excluded in the following cases (art. 5, paragraph 3, Legislative Decree 185/1999):
- purchase of Products made to measure or personalised by Enoteca Picone, according to the specific requests of the Customer or which, by their nature, cannot be returned or risk deteriorating or altering rapidly;
- purchase of Products that have not been delivered due to the absence of the Customer from the place of delivery and at the time of their collection are altered or deteriorated by the delay caused by the Customer;
- purchase of packaged products sealed, opened by the customer.
8.3. If the withdrawal is made in accordance with the provisions of the first paragraph of this article, any amount already paid for the Products and delivery costs is credited to the Customer by bank transfer to an account in his name and indicated.
The refund is made as quickly as possible and, in any case, within 15 days from the date on which Enoteca Picone, upon receiving notice of withdrawal from the CONSUMER Customer in the manner prescribed, also receives the goods ordered intact and in their original packaging to the following address:
Enoteca Picone s.r.l., Via G. Marconi n. 36, 90141 Palermo,
8.4. The only expenses borne by the Customer for the exercise of the right of withdrawal are the direct costs of returning the Products to Enoteca Picone.
9.1. Any complaint must be sent by e-mail to the following address e-mail:firstname.lastname@example.org, or by writing to Enoteca Picone s.r.l., Via G. Marconi n. 36, 90141 Palermo,
10. Applicable law.
10.1. The Contract is governed by Italian law. For anything not expressly provided for herein, the provisions of law applicable to the relationships and cases provided for in the Contract shall apply.
10.2. For civil disputes concerning contracts of sale between the customer and Enoteca Picone concluded through the Site, if the customer is a consumer, the territorial jurisdiction is imperative to the court of the place of residence or domicile of the customer, where located in Italy