1. The subjects
Imakara Società Agricola srl based in in Catania (CT), Via Gabriele D’Annunzio 77 (hereinafter referred to as the “Supplier”);
The person who will be identify following a specific registration on the web platform with the insertion of personal data as well as with the acceptance of the general terms and conditions (hereinafter referred to as “Customer”).
The Supplier undertakes to make available a virtual shop (so-called e-commerce online) where the Customer can view and purchase the wines and / or other items produced by Imakara Società Agricola srl, brand name Tenuta Valle delle Ferle. The Customer, having viewed the products on special web cards and based on these general conditions of sale, can make purchases from the Supplier.
3. Acceptance of the general conditions and terms of sale.
The completion of the sales contract will take place on the web platform www.valledelleferle.it where the customer, following the choice of the good, will purchase the desired product by carefully following the procedure provided. The general conditions of sale must be understood in full as reported and transcribed in the sales contract of which, of course, they are an integral and essential part. The Customer is required to examine the general conditions and terms of sale online before proceeding with the purchase. Confirmation and forwarding of the order imply full and complete knowledge of them as well as their subsequent acceptance. The Customer, by electronically sending the purchase order, unconditionally accepts and undertakes to observe and comply with these general terms and conditions of sale in relations with the Supplier; including, of course, the payment conditions which you will declare to have read and accepted. The general conditions and terms of sale may be updated or modified, at any time, by the Supplier. Who will provide adequate communication on the website www.valledelleferle.it.
4. Prices and expenses.
Following the Civil Code art. 336, all the products showed on the website www.valledelleferle.it, constitute an offer to the public. The prices indicated on the website, except different indication appropriately reported, are all VAT included. Reference currency is Euro (€). Shipping costs needs to be calculate separately and charged to the ordering “Client”. The “Supplier” will send the invoice to the “Client”. The “Supplier” is not responsible for any additional taxation applied by third countries.
The Client can choose one of this payment: a) Bank transfer to the current account communicated at the time of the order, b) PayPal, c) Satispay; d)Stripe, d) Credit Card. The purchase contract is completed, cumulatively, with the exact compilation of the order, with the consent to purchase expressed by the confirmation and with the subsequent regular payment.
6. Product order
The order it is characterized by an identification number and contains the indication of the shipping date, the details of the purchase, charges and shipping costs, the single prices in Euro underlined with VAT included. It is specify that the sending of the online product order form does not bind the supplier until the latter has sent the Client (by email address communicated during registration) a specific confirmation.
7. Shipping costs, delivery methods and times
The Supplier undertakes to make shipments by post or courier. The shipping costs and other charges related to the carrier are visible in detail in the order confirmation made on the website or on the purchase receipt. Upon receipt of the products ate the address indicated, the Client undertakes to verify the integrity of the package and the quantitative and qualitative correspondence of the order (as indicated in the delivery note). The goods will be delivered within the terms set out in Article 54 d.lgs N. 205/06. Imakara Società Agricola srl assumes no responsibility for late or non-delivery due to force majeure or unforeseeable circumstances.
8. Obligation of the Client
The Client undertakes, at the end of the digital purchase procedure, to keep these conditions of sale (these, it is repeated, have already been viewed and accepted at the time of purchase of the product) specifications of the product object of the sale; and this in order to satisfy the conditions set out in Articles 52 and 53 of Legislative Decree n. 205/06. At the same time, the Client is obliged to provide real personal data and non-third party data and, consequently, it is forbid to enter false and / or invented data in the registration procedure on the platform necessary in order to execute this contract and related communications. It is expressly forbidden to provide data of others. The Supplier, in the interest and protection of consumers, may legally prosecute any violation and abuse. The Client assumes, as the sole responsible, any liability arising from the inclusion of incorrect tax data and, subsequently, indemnifies the Supplier from any liability arising from the issuance of tax documents with incorrect data provided by the Client.
9. Complains, delays in delivery, replacement products delivered by mistake.
The Client can communicate the problems at the mobile phone number 328 83 59712 (from 9:00 to 20:00 every day except for Sundays) and by email at the following address: firstname.lastname@example.org. If, due to a material error, a product other than the purchased one has been delivered, the Customer has the right to obtain the replacement of the product on condition that he communicates the disservice – through one of the aforementioned channels – within and no later than five days from the date of receipt of the product. The supplier obliges to replace the product only upon receipt of the previously sent product and having checked its integrity. All items must be returned, with shipments – in this exclusive and unique case – paid by the Supplier, to the headquarters of Imakara Società Agricola srl in C.da Valle delle Ferle Sn 95041 Caltagirone (CT) specifying the telephone contact3288359712, in the original packaging, intact and in the same condition in which they were received. In case of discrepancy of the same, the Supplier has the right to charge the items anyway and send them back to the sender with shipping to be paid by the recipient.
10.Right of withdrawal.
The Customer, pursuant to art. 64 of Legislative Decree 205/06, can exercise the right of withdrawal and return the product received, in compliance with the terms and methods indicated below. 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 10 working days from the day of receipt of the purchased product. By sending, within the aforementioned term, of written notice of withdrawal with registered letter with return receipt and email to be sent to Imakara Società Agricola srl, Catania (CT), Via Gabriele D’Annunzio 77- 95127 Mail: email@example.com. The product, following of regular withdrawal procedure described above, must be returned, by fast and insured delivery to the operational headquarters in C.da Valle delle Ferle Sn 95041 Caltagirone (CT) specifying the telephone contact 3288359712, no later than the fifteenth day following receipt of the product. All shipping costs are charged to the customer. All items must be returned in their original packaging, intact and in the same condition in which they were received; in case of discrepancy of the same, the Supplier has the right to refuse the return and send the product back to the sender with shipping costs to be paid by the recipient. If all the above conditions and obligations are met, the Supplier will send a communication of acceptance of the return. The Supplier will refund the sale price according to the payment method chosen by the customer at the time of purchase. Net of the shipping costs incurred, less the costs related to the return incurred, with a value equal to the thirtieth day following the date on which the Supplier was aware of the exercise of the right of withdrawal and where the goods have been duly returned. The actual repayment time varies from the payment methods used.
11. Costumer guarantee
The Customer guarantees, assuming all responsibility and holding the Supplier harmless from any detrimental consequence that their data, provided upon acceptance of these general conditions are true and allow for the identification of the Customer’s identity. The Customer also undertakes to immediately notify the Supplier of the change in the data provided. The Customer undertakes to provide a valid email address for any subsequent communication between the parties.
12. Express termination clause
The obligations assumed by the Customer, as well as the guarantee of the successful completion of the payment that the customer makes with the means referred to in art. 5, have an essential character, so that by express agreement, the non-fulfilment 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 Supplier to take legal action for compensation for further damage.
13. Limitation of Supplier Liability
The Supplier declines all responsibility for malfunctions, interruptions of services, loss of data and performance when these are due to force majeure or unforeseeable circumstances as well as when they are not directly attributable to the Supplier itself for its wilful misconduct or gross negligence.
14. Responsibility of the Supplier
The Supplier assumes no responsibility for inefficiencies attributable to force majeure such as, but not limited to, accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, to execute within the time agreed by the contract. In this case, the Supplier will not be liable to any party or third party for damages, losses and costs suffered as a result of the non-execution of the contract. The Supplier assumes no responsibility for any illicit and fraudulent use that may be implemented by third parties of credit cards or other means of payment used when paying for the items. The Supplier completely does not know the data of the credit card or other means of payment provided by the customer at the time of purchase. The aforementioned, in fact, will transmit the data directly to the payment service manager without any intermediation and will be connected to it automatically, returning to the Supplier’s website only at the end of the procedure.
15. Validity of communications
The Customer accepts that the notification and communications relating to all online services (including those relating to purchase orders) made by the Supplier in electronic e-mail format (e-mail) and via Web service, recognizes their full validity and expressly waives as of now to disavow the content of the declarations sent and / or received in electronic format.
16. Cost of the remote communication service
For all online services, connection costs are applied according to the tariff plan subscribed by the Customer with his Provider, to which he can contact for any information on the costs of the service.
Pursuant to Article 13 of Legislative Decree no. 196 of 30.6.2003 (Privacy Code), the Customer informed of the following. The Customer’s personal data will be processed for (i) purposes functional to the fulfilment of tax, accounting and legal obligations and contract and customer management purposes and for (ii) purposes related to commercial activity (mail order, marketing and advertising , market analysis and surveys, promotional activities, customer satisfaction measurement, competitions, events, prize games and the like, statistical analysis). The data will processed, also through the creation and management of a central archive, with paper, computer and telematics supports to which specialized and authorized personnel have access. The provision of personal data essential for legal obligations and / or for the establishment and / or continuation of the contractual relationship is mandatory, in the sense that failing this it will be impossible to establish and / or carry out this relationship. The provision of other personal data is optional and generally functional to provide a better service to customers; any refusal to do so will not have negative consequences for the customer. The personal data concerning the Customer may be communicated to parent companies, subsidiaries and / or connected to the Supplier for the same purposes as above or to external subjects of specialized services in, 1) management of software, hardware, telematics and information systems; 2) data processing and storage activities; 3) printing, transmission, enveloping, transport and sorting of communications to customers; 4) financing, credit recovery and financial risk detection services. The Data Controller of personal data is Imakara Società Agricola srl, with headquarters in via Gabriele D’Annunzio 77 Catania (CT) VAT number and fiscal code 05343580873. By sending electronic confirmation of their purchase order, the Customer acknowledges the above information and agrees to the processing of the personal data provided.
18. Jurisdiction and Competent Court
Any dispute relating to the application, execution, interpretation and violation of the purchase contracts stipulated “online” via the website www.valledelleferle.it is subject to Italian jurisdiction and, in particular, to the Court of Catania. These general conditions reported, although not expressly provided therein, in conjunction with the Civil Code and Legislative Decree 205/06.