Terms and conditions of sale
Tenuta San Giorgio Srl
Terms and conditions of online sale
These General Conditions of Sale apply to all transactions concluded between Tenuta San Giorgio S.r.l. Società Agricola (hereinafter also referred to simply as “Tenuta San Giorgio” or “The Seller”) and the final purchaser (hereinafter also the “Buyer”), regarding the Products and/or Services made available for sale on the web site www.tenutasangiorgio.com (hereinafter also referred to simply as “The Site”).
In the event of incompatibility between these General Conditions and any different agreements between the Seller and the Buyer that may be contained in specific Contracts or any other documents and/or models written by the Seller, the Seller’s Special Conditions will prevail over the General Conditions contained herein only in relation to the clauses expressly regulated by the Special Conditions, while the rest shall remain in effect.
Seller: party selling Products (wine and other alcoholic beverages) and Services (wine-tasting and wine tourism events) through the web site www.tenutasangiorgio.com. The owner of the web site www.tenutasangiorgio.com is:
Tenuta San Giorgio S.r.l. Società Agricola
Address: Via Piave 11, 31052 Maserada sul Piave (TV)
Telephone: 0422 743135 Fax: 0422 743721Rea: TV – 105017
VAT no.: IT 00296500267
Email address: firstname.lastname@example.org
Certified email: email@example.com
Buyer: a person meeting the requirements for making purchases via the www.tenutasangiorgio.com web site and who buys Products and/or Services offered for sale by the Seller.
Products: wine or other alcoholic beverages produced by Tenuta San Giorgio and/or third parties.
Services: wine tasting and wine tourism events and/or activities publicised through the Site, which may be purchased remotely via the Site or via an exchange of correspondence.
3) CONDITIONS OF SALE:
The Site is intended exclusively for Buyers who:
– are “consumers” (that is, they are not making purchases for the purposes of a business, commercial activity, trade or profession);
– reside in a European member state and agree to receive Products delivered exclusively in Italy (excluding the Republic of San Marino);
– have already turned eighteen years of age, and are therefore allowed to purchase the Products and Services offered for sale on the Site in accordance with the regulations governing e-commerce and the sale of alcoholic products.
In compliance with current legislation governing the sale of wine and alcoholic beverages, the Seller reserves the right not to dispatch orders received from persons who are not consumers and/or are under the age of eighteen.
The General Conditions of Sale exclusively regulate the offer, transmission, acceptance, shipping, purchasing methods and right to withdrawal of orders for the purchase of the Products and Services advertised on the Site, but do not regulate the sale of products or of services by any other parties who may be present on the Site in the form of hypertext links or banners.
The General Conditions of Sale are periodically amended by Tenuta San Giorgio to comply with changes and updates to the legislation and/or changes to its company policy. All updates and/or modifications will be duly published on the Site and will go into effect immediately as of the date of publication.
Additional information may be requested directly from Tenuta San Giorgio by sending an email to the address: firstname.lastname@example.org or telephoning 0422 743135.
By registering on the Site, the Buyer agrees to receive correspondence, including commercial correspondence and/or newsletters, at his or her email address. Buyers who do not wish to receive information on special offers and promotions may unsubscribe directly via the link in the newsletter or by sending an email to the address shown above.
4) INFORMATION ON PRODUCTS AND PRICES.
The products offered for sale on the web site www.tenutasangiorgio.com are those published in the Seller’s catalogue or showcase. Images of Products offered for sale may not correspond to the real projects due to the effect of the Internet browser and monitor used.
Complete information on the Products’ essential features is supplied in the information identifying each of the Products.
Product prices are expressed in Euros and include VAT. They do not include shipping costs, unless otherwise indicated. The prices shown on the Site may be updated, and so the Buyer agrees to check the final price of the service before submitting a purchase order for it.
The offers appearing on this Site shall remain in effect for as long as the products are published on the Site.
The final Buyer is aware of the fact that, due to the intrinsic nature of the Products offered for sale, it is possible that some Products may become unavailable due to depletion of stock. In this case, the Seller will promptly notify the Buyer who has placed the order of the unavailability of one or more of the Products ordered. If a product that is no longer available is ordered, unless the Parties agree otherwise, Tenuta San Giorgio will refund the Buyer the amount paid, by the same method of payment as the Buyer used in placing the order.
5) INFORMATION ON SERVICES AND PRICES.
Tenuta San Giorgio uses the Site to advertise particular services involving wine tastings, winery tours, events and other wine-related tourism activities, which may be booked directly via the web site www.tenutasangiorgio.com or by sending an email to email@example.com.
Complete information on the services described above is provided on the Site. The prices of Services are shown in Euros and include VAT. They do not include travel costs to reach the event location, which shall be borne by the Buyer unless otherwise agreed. The prices identified in the Site may be updated, and so the Buyer is required to check the final price of the service before submitting a purchase order.
6) PRODUCT PURCHASING METHODS.
To conclude a contract for the purchase of one or more Products through the Site, after selecting the Product(s) of interest, the Buyer must fill in and electronically send to the Seller a Purchase Order for the selected Products in electronic form (constituting a valid purchase proposal), identifying the Products the Buyer wishes to purchase, the selected method of payment and the personal data required to complete the transaction and deliver the goods.
The Purchase Order includes an “Identifying Information” screen in which the user must provide the personal data required to deliver the Products, and a screen for selecting and implementing the desired method of payment. The Purchase Order also contains a summary: of the information on the essential features of each Product ordered and its price (including VAT), of the method of payment available to pay for each Product, of the delivery method for the Products, and of the shipping costs.
Before confirming a request to purchase Products by submitting a Purchase Order, the Buyer will be asked to confirm that he or she has carefully read the General Conditions of Sale and the personal data processing notice.
The Purchase Order will be filed in our database for the amount of time required to dispatch the order (and in all cases for the amount of time required by law).
Having received the order proposal, the Seller will check that the Product is effectively available and confirm acceptance of the order, or specify the reasons why the order cannot be accepted.
The contract shall be considered final when the Seller receives and accepts the Buyer’s Purchase Order in electronic form and checks the accuracy of the information appearing in the Order.
The Seller shall not be held liable for any delays in crediting the amount, which depend on the bank, or the type of credit card used to make payment. In any case, the value date of the amount credited to your account will be the same as the date on which the charge was made.
7) BOOKING SERVICES.
Once the Buyer has identified a Service he or she wishes to use on the Site (winery tour, tasting, event, etc.), he or she will begin the booking procedure by filling in the email booking form available on the Site.
The Seller will check the availability of the Service and the completeness of the information supplied by the Buyer, and send a confirmation email specifying payment details and the conditions of the Service, as well as the deadline for valid exercise of the right to withdrawal, as well as a personal data processing notice.
The booking will only be considered confirmed when the Seller receives payment from the Buyer.
If the Seller refuses or does not confirm the booking because the Service is unavailable, is fully booked, or for other reasons, which may not be challenged, the Buyer will not be required to pay the Price or charged any other costs.
If the Site permits, the Buyer may also book a Service by putting it in his or her shopping cart, confirming the booking by credit card or another advance payment method.
The Seller will check the availability of the service and the correctness of the booking information, and confirm the booking by sending the Buyer a confirmation email summing up the conditions of the service and the deadlines for valid exercise of the right to withdrawal.
No charges will be made to the Buyer’s credit card or other method of payment until the Seller has confirmed the booking.
If the Seller of the service confirms the booking, Tenuta San Giorgio will charge the price according to the method of payment selected by the Buyer when confirming the booking.
If the Seller cancels the event that is the subject of the service due to reasons of force majeure and/or other reasons not attributable to the Seller, the Seller will notify the Buyer immediately by email and/or telephone and refund all amounts already charged to the Buyer.
8) PRODUCT AVAILABILITY.
It may be the case that the Product ordered becomes unavailable after an order has been placed. In the event of unavailability of the product ordered, the Buyer will be promptly notified by email, and the purchase order will be cancelled. If payment has already been made, the Seller will refund the amount paid by the Buyer, including shipping costs, immediately, and in no case more than 15 days after the day after the order was sent. The amount repaid shall be specified by email, and credited to the Buyer by the method of payment used to make the purchase, or, if expressly requested, by transfer of funds.
9) METHOD OF PAYMENT.
When submitting a Purchase Order, the Buyer will be asked to make payment via PayPal or with one of the credit cards and prepaid cards expressly identified on the Site or via bank transfer. If the purchase is made via PayPal, upon completing the procedure of filling in the Purchase Order, the Buyer will automatically be directed to the PayPal login page. In this way, the amount of the order will be charged to the Buyer’s PayPal account as soon as the Seller receives the order.
If the order is subsequently cancelled, the amount charged will be refunded to the Buyer’s PayPal account. Tenuta San Giorgio may not under any circumstances be held liable for any damages caused directly or indirectly by delays in the release of the amount set aside on the part of PayPal. At no stage in the procedure of making purchases on the Site does Tenuta San Giorgio have access to your financial information or have any opportunities to become aware of it. The Buyer will therefore receive a confirmation email directly from PayPal for each transaction conducted with his or her PayPal account.
If payment is made by payment card, financial information (such as credit/debit card number or expiry date) will be sent via an encrypted protocol, without allowing third parties to access it in any way. Moreover, this information will never be used by the Seller in any way other than completing the procedure involved in your purchase and refunding you if the Products are returned because you exercise your right to withdrawal, or because it becomes necessary to prevent or report to the police attempts at fraud resulting in damage Tenuta San Giorgio.
If payment is made by bank transfer, financial information will be used by the Seller for the reasons identified above.
The Products remain the Seller’s property until they have been paid for in full.
10) PRODUCT SHIPPING.
Products will be shipped to the address specified in the Purchase Order only following due registration of payment for the order and payment of the price. Products may not be delivered to a post office box.
Tenuta San Giorgio will normally ship the Products within 10 working days counted beginning on the day after Tenuta San Giorgio confirms the order to the Buyer.
This delivery deadline should be considered approximate and non-binding. Tenuta San Giorgio shall not be held liable for any delays due to reasons not attributable to it.
The Buyer acknowledges that the specified times may be increased significantly during the Christmas holidays, at the end of the year, and in the month of August.
Notification will be provided of any delays dispatching orders.
The Buyer or a delegated person must be present at the delivery address. Complaints regarding delays in delivery will not be taken into account if the Products cannot be delivered because the Buyer is not at the delivery address.
Products may be shipped within Italy only, excluding the Republic of San Marino.
The shipment will be accompanied by an invoice or receipt valid for tax purposes issued by Tenuta San Giorgio of Via Piave 11, 31052 Maserada sul Piave (TV), Register of Companies of Treviso no. TV – 105017, VAT number IT 00296500267.
11) PRODUCT DELIVERY.
Upon delivery by the courier, the Buyer must inspect the contents of the package and report any anomalies on the delivery form. Specifically, the Buyer must check:
- that the number of packages delivered corresponds to the number specified in the shipping document;
- that the package is in good condition, undamaged, has not been tampered with, is not wet, and has not been altered in any way, including the seals (adhesive tape, seal, etc.).
Any claims must be stated to the carrier making the delivery immediately; if this is not done, the goods will be considered correctly delivered and accepted, and the Customer may not make any claims regarding the external properties of the Products delivered.
If the packaging clearly reveals damage due to shipment:
- the Buyer must explicitly state that the package is accepted “with reservations”, declaring to the carrier, before signing the form for acceptance, that the goods are “Accepted with reservations”, and describing the nature of the damage in detail, after opening the package in the presence of the carrier’s courier;
- the Buyer may reject the damaged goods if the package cannot be accepted with reservations or if the damage is clearly visible without opening the package.
If the Customer accepts the goods with reservations or rejects the delivery, the Customer should promptly notify Tenuta San Giorgio by sending an email to firstname.lastname@example.org.
If the goods are not accepted with reservations, no requests for returns may be accepted in the event of damage to one or more of the Products.
CAUTION: We recommend that Customers always sign reserving the right to inspection (even if the packaging appears to be in good condition, as this does not mean its contents will necessarily be in good condition), specifying the reason (“reserving the right to internal inspection”, or “damaged packaging”).
If the Products are not received by the deadline specified by the carrier, they will be returned to the sender, who will refund the price of the Products but not shipping costs. Tenuta San Giorgio may not be held liable for errors in delivery due to inaccurate or incomplete filling in of the purchase order by the Buyer, and/or any damage that may occur to the Products after Tenuta San Giorgio hands them over to the courier, especially if the courier is chosen and appointed by the Buyer by specifying the preferred courier when filling in the purchase order, and/or for delays attributable to the courier.
Shipping is free of charge for orders over 95 Euro.
11) FORCE MAJEURE.
Tenuta San Giorgio shall be relieved of all its contractual obligations to make or deliver and shall not be required to pay any compensation in the event of cases of force majeure which prevent it from fulfilling its obligations, such as, merely by way of example, riot, insurrection, social unrest, failure of telephone or computer connections or serious harm to the security and operation of the internet, strikes, and the impossibility of procuring products and materials.
The Buyer acknowledges and agrees that some of the services identified in art. 7) above may be provided exclusively outdoors. In the event that poor weather should make it impossible to provide these services, the Seller may therefore reschedule and/or cancel the event, even if already booked and confirmed by the Buyer, without entitling the Buyer to any form of compensation for damages other than refund of the amount paid to confirm the booking.
12) RIGHT TO WITHDRAWAL FROM PRODUCT PURCHASES.
The Buyer shall be entitled to withdraw from the contract signed with the Seller, without paying any penalties or having to specify the reason, within fourteen (14) working days after the day on which the Products purchased on www.tenutasangiorgio.com are received.
To withdraw from the contract, send an email to email@example.com, attaching the following form, duly filled in (link), in order to obtain a return authorisation code. After obtaining the code, the Buyer must return the Products, in full or in part, to the address specified by email, selecting and paying for the courier. Products must be returned within no more than fourteen (14) days after the date on which the Buyer expresses the intention of withdrawing from the contract.
The right to withdrawal will be considered correctly exercised if:
a) notification of the exercise of the right to withdrawal is sent to the email address specified above within 14 days of receiving the Products;
b) the authorisation code provided by the company is clearly indicated on the identifying tag or strip to be applied to the return packaging;
c) the Products have not been used or damaged (bottles must be returned sealed);
d) capsules/seals and caps have not been removed, tampered with or altered;
e) the Products are returned in the packaging in which they were received, which must be in good condition and adequately sealed, with the full original contents. Alternatively, the Customer may use packaging offering the same safety features as the original packaging;
f) Products returned must be sent to the Seller in a single shipment. The Seller reserves the right not to accept Products from the same order which are returned and shipped at different times.
The right to withdrawal does not apply to:
- Products which are custom packaged or clearly personalised;
- goods which could quickly deteriorate or expire;
- Products which have been damaged, partially used, or with a seal that has been opened or tampered with.
The Seller will check the integrity and quantity of the Products returned as soon as they are received, and promptly notify the Buyer of any differences or damage.
If the right to withdrawal is exercised according to the methods and times specified above, the Seller will notify the Buyer that the return has been accepted and refund the amounts received as payment for the Products, subtracting the price of any Products that may have been consumed, opened, damaged and/or not returned.
These sums will be returned to the Buyer as quickly as possible and, in all cases, within fourteen (14) days of the date on which the Seller receives delivery of the goods returned at the Seller’s premises, after checking that the terms and conditions specified above have been met.
Unless otherwise agreed by the parties in writing, the price will be refunded by the method of payment used by the Buyer to make payment.
If the recipient of the Products identified in the Purchase Order and the person who paid for them do not correspond, and the Customer exercises the right to withdrawal, the Seller will refund the payment to the person who made the payment.
If the Buyer does not comply with the methods and deadlines for exercising the right to withdrawal, as specified above, the Buyer will not be entitled to a refund of the sums paid to the Seller, but may have any Products returned to the Seller shipped back, at the expense of the Buyer who has already returned the goods to the Seller. If this is not the case, the Seller may keep the Products, in addition to the sum paid to purchase them.
No refund will be paid for any additional costs if the consumer chooses a delivery method other than the less expensive one offered by the Seller at the time of purchase.
PLEASE NOTE: as the Buyer bears the risk involved in returning the Products, Tenuta San Giorgio suggests that Buyers intending to exercise the right of withdrawal purchase shipping insurance for the value specified in the purchase order confirmation email.
13) RIGHT TO WITHDRAWAL FROM SERVICE PURCHASES.
The Buyer may cancel booking of Services free of charge up to the free cancellation deadline specified by the Seller in the booking confirmation email, or specified on the Site and appearing in the booking summary. If the booking is cancelled by 23:59 on this date, the Seller will immediately refund the Buyer with no penalties or additional costs.
If the booking is cancelled after the deadline specified on the Site and/or in the booking summary and/or in the booking confirmation email sent by the Seller, the Buyer will forfeit the right to a refund, and Tenuta San Giorgio may retain the entire amount paid by the Buyer at the time of confirmation of the booking.
If the Buyer does not show up at the date, time and place identified for the service (tour, event, tasting, etc.), the Buyer will not be entitled to a refund.
14) PRODUCT QUALITY AND GUARANTEES.
The Seller does not sell used Products or products of lower quality than the corresponding standards offered on the market. The Buyer acknowledges and accepts that the images and colours of the Products available for sale on www.tenutasangiorgio.com may not correspond to reality due to the effect of the Internet browser and monitor used.
A legal guarantee of conformity is required by the Consumer Code and protects consumers in all purchases of defective or nonconforming products.
A defective or nonconforming product is defined as:
- a product that does not correspond to the one ordered;
- a product presenting alterations or modifications which compromise its suitability for consumption, such as, for example: oxydasic casse, phosfatic casse, ferric casse, proteic casse or cupreous casse;
- a product presenting different sensory qualities from those declared by Tenuta San Giorgio S.r.l. Società Agricola;
- a product presenting faults and defects attributable to the cork which have compromised the product’s preservation.
PLEASE NOTE: Characteristics of the Product identified by the Consumer on the basis of subjective criteria and/or on the basis of assessment of Product features which are not objectively measurable cannot be considered faults or defects. Moreover, the Seller shall not be held liable for faults and/or defects attributable to poor storage of the Product by the Buyer.
The Consumer’s guarantee shall remain in effect for 2 (two) years following delivery of the Product. It is, of course, understood that the life cycle of certain wines will be less than two years, in which case the guarantee shall be reduced to reflect the expected life cycle of each type of wine.
The guarantee shall be forfeited if the Buyer does not report a defect within 2 (two) months of the date on which it is discovered. If faults are nor reported within two months, the guarantee shall not apply.
PLEASE NOTE: If the defect emerges more than 6 (six) months after the delivery of the Product, the Buyer must be able to demonstrate that it was already in existence at the time of delivery.
The guarantee shall not apply to defects already in existence at the time of delivery which are not reported immediately upon receiving the Products.
Buyers may exercise their rights under the guarantee by sending an email to firstname.lastname@example.org.
The email must specify the order number, with a link to the information sheet, if possible, the defect and proof thereof (photographs, description, etc.), specifying the date on which the defect was discovered and any other information of relevance in the Buyer’s opinion. Buyers should always keep the order confirmation email and fiscal documents, which may be requested, as proof of purchase
Tenuta San Giorgio will promptly respond to the reported nonconformity and notify you via email of the specific procedure to follow to return the Products.
The Seller will accept delivery of the defective product in order to determine whether or not the reported problem is the result of a nonconformity as defined above.
If the nonconformity is confirmed, the goods will be replaced, if available in stock, within an appropriate amount of time of receiving the request, at no expense to the Buyer, or the price will be refunded, if the same product or a similar one of the same quality is not available at the time.
If no products are available at the time, the Buyer will in any case be entitled to a price reduction or to return of a sum proportionate to the value of the goods in exchange for returning the defective product to the Seller.
15) INTELLECTUAL PROPERTY RIGHTS.
The “Tenuta San Giorgio” trademark and all other trademarks, whether registered or not, and all other distinguishing signs such as company name, trade names, illustrations, images, logos and designs, whether registered or not, as well as copyrights and patents (“Intellectual Property Rights”) appearing on the Products or otherwise reproduced on the tenutasangiorgio.com web site, or on accessories or packaging, are and remain the exclusive property of Tenuta San Giorgio, or the subject of its rights to use and at its disposal. Any reproduction, even partial, and any modification or use of such Intellectual Property without Tenuta San Giorgio’s prior written authorisation, for any reason and in any form, is strictly prohibited. Any combination or use in conjunction with any other trademark, symbol, logo or other distinguishing sign in order to form a composite sign is similarly prohibited.
16) APPLICABLE LAW AND DISPUTE SETTLEMENT.
The General Conditions of Sale are regulated by Italian law, and specifically Legislative Decree no. 206 of 6 September 2005 as amended (the Consumer Code), with specific reference to the regulations governing distance contracts, and by Legislative Decree no. 70 of 9 April 2003 regarding certain aspects of e-commerce.
Consumers residing in Europe ought to be aware that the European Commission has set up an online platform providing an alternative dispute settlement tool.
This tool may be used by European consumers for out-of-court settlement of all disputes pertaining to and/or deriving from contracts for the sale of goods and services stipulated on the internet, and is available at http://ec.europa.eu/odr.
The platform is intended for settlement of disputes which may arise during online sales, in which “consumers” may file a complaint, which will then be handled by the ADR bodies that act as arbitrators between the parties to settle the dispute.
Use of this platform is an optional alternative to ordinary court proceedings.
In any case, the court with jurisdiction over all disputes arising in relation to the contract shall be that of the consumer’s place of residence or domicile, according to art. 66 bis of the consumer code.
17) INEFFICACY AND PARTIAL NULLITY.
If any of the clauses of these General Conditions should be found to be null, invalid or inapplicable, the clause in question shall be eliminated, while the remaining clauses shall remain unaffected and fully effective.
18) PERIODIC UPDATING.
The General Conditions of Sale shall be amended from time to time, also in response to changes in the regulations. The new General Conditions of Sale shall go into effect on the date of publication on the web site www.tenutasangiorgio.com. We therefore invite you to periodically consult this section to check for updates.
For information on how the Buyer’s data will be collected ad used, please read the personal data processing notice published on this Site at this link.