Terms and Conditions

 

The following General Conditions of Sale govern the offer and sale of products on this website https://shop.villadellatorre.it/ (Site).

The products purchased on the Site are offered and sold by Marilisa Allegrini S.r.l. (hereinafter referred to as Villa Della Torre Wine Shop).

  1. SCOPE OF APPLICATION

1.1 The sale of products through the Site (Products) constitutes a distance contract governed by Chapter I, Title III (arts. 45 et seq.) of Legislative Decree no. 206 of 6 September 2005 (Consumer Code) and by Legislative Decree no. 70 of 9 April 2003, containing regulations on electronic commerce.

1.2 The General Conditions of Sale may be modified at any time by Villa Della Torre Wine Shop. Any changes and/or new conditions will be in force from the moment of their publication on the Site. For this reason, users are invited to regularly access the Site and to consult, before making any purchase, the most up-to-date version of the General Conditions of Sale. The General Conditions of Sale applicable are those in force on the date the purchase order is sent.

1.3 These General Conditions of Sale do not govern the sale of products and/or the provision of services by parties other than Villa Della Torre Wine Shop that may be present on the Site via links, banners, or other hyperlinks. Before conducting commercial transactions with such parties, it is necessary to check their terms of sale. Villa Della Torre Wine Shop is not responsible for the provision of services and/or the sale of products by such parties. Villa Della Torre Wine Shop does not perform any check and/or monitoring on the websites that can be consulted through such links. Therefore, Villa Della Torre Wine Shop is not responsible for the contents of such sites, nor for any errors and/or omissions and/or violations of law by them.

 

  1. PURCHASES ON THE SITE

2.1 With regard to Italian citizens, sales on the Site are reserved only to those who have reached the age of 18. A purchaser who is not an Italian citizen may only purchase Products on the Site if they are of legal age according to their national law. If no legislation exists in this regard, they must be at least 21 years old.

In any case, the user making purchases on the Site undertakes to indemnify Villa Della Torre Wine Shop from any liability in the event that they have made purchases on the Site without complying with their national law regarding age limits for purchasing.

2.2 Villa Della Torre Wine Shop reserves the right to refuse or cancel orders that originate (i) from a user with whom it has an ongoing legal dispute; (ii) from a user who has previously violated these General Conditions of Sale and/or the terms and/or conditions of a purchase contract with Villa Della Torre Wine Shop; (iii) from a user who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments; (iv) from users who have provided false, incomplete, or otherwise inaccurate identification data or who have not promptly sent Villa Della Torre Wine Shop the documents requested by it in accordance with these General Conditions of Sale or who have sent invalid documents; (v) from users who do not provide sufficient guarantees of solvency. In any case, Villa Della Torre Wine Shop reserves the right to cancel orders referring to transactions that do not show an absolute degree of genuineness.

2.3 Regarding purchases on the Site, it may occur that: the purchasing process contains one or more material errors; the Product Sheet, as defined below, contains incorrect information due to material errors (e.g., the price of the Product); due to a material error, a Product is indicated as available when it is not during the order preparation phase. In these or similar cases, the user may request the cancellation of the order or obtain, by agreement with Villa Della Torre Wine Shop, a different Product, subject to any necessary adjustment regarding the purchase cost.

 

  1. REGISTRATION ON THE SITE

3.1 The purchase of Products on the Site is permitted only to registered users.

3.2 Registration credentials must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no one has access to them, as well as to inform Villa Della Torre Wine Shop without delay in case of suspected improper use and/or disclosure thereof. The user guarantees that the personal information provided during the Site registration process is complete and truthful. The user agrees to hold Villa Della Torre Wine Shop harmless from any damage, compensatory obligation, and/or penalty deriving from and/or in any way connected to the user's violation of the rules on registration on the Site or the safekeeping of registration credentials. To delete your profile, please send an email to wineshop@allegrini.it

  

  1. INFORMATION DIRECTED AT THE CONCLUSION OF THE CONTRACT

4.1 In accordance with Legislative Decree no. 70 of 9 April 2003, containing provisions on electronic commerce, Villa Della Torre Wine Shop informs the user that:

  • to conclude the purchase contract for one or more Products on the Site, the user must fill out an electronic order form and transmit it to Villa Della Torre Wine Shop, electronically, following the instructions that will appear from time to time on the Site and that will accompany the various stages of the purchase;
  • the contract is concluded when the order confirmation is given to Villa Della Torre Wine Shop
  • once the order form has been registered, Villa Della Torre Wine Shop will send the user, via e-mail to the address provided, the order confirmation, containing information regarding the characteristics of the purchased Product, a detailed indication of the price, the means of payment used, delivery costs and any additional costs, as well as the contact details of the Customer Service, which the user can contact to request assistance and/or file complaints. It is recommended to keep the received e-mail as proof of purchase. The General Conditions of Sale and the information on the right of withdrawal, as well as the Privacy Policy of Villa Della Torre Wine Shop, will be available via the footer of the home page of the Villa Della Torre Wine Shop website and in the links that appear during the purchase phase.
  • the order form will be filed in the Villa Della Torre Wine Shop database for the time necessary to process the order and, in any case, within the terms of the law. To access their order form, the user can consult their account.
  • Before concluding the purchase contract, the user must review the characteristics of the goods illustrated in the product sheet of the item they intend to purchase. Before proceeding to validate the order with payment obligation, the user will be able to view the order summary containing the following information: a) total price of the goods, including taxes, with specific indication of shipping costs if applicable, as well as any other cost to be borne by the user; b) payment methods; c) the deadline by which Villa Della Torre Wine Shop undertakes to deliver the goods; d) conditions, terms, and procedure for exercising the right of withdrawal; e) the necessity of bearing the cost of returning the goods in case of withdrawal; f) conditions for after-sales assistance.
  •   
  1. VALIDITY OF OFFERS AND PRICES

5.1 All prices of the Products are expressed in Euros (€) and are understood to be inclusive of Value Added Tax ("VAT"), unless otherwise specified. Any additional cost will be expressly and separately indicated in the order form, before the user proceeds to transmit the same. Regarding shipping costs, please refer to the dedicated "Shipments" section.

5.2 The price of the Products may be modified by Villa Della Torre Wine Shop at any time, without notice, it being understood that the price charged to the user will be the one published on the information sheet illustrating the main characteristics of the Product (product description) at the time of sending the order. Any variations (increase or decrease) in price occurring after the transmission of the order will not be taken into account.

5.3 Products may be offered for sale on the Site at discounted prices. The full price indicated on the Site (Strikethrough Price), against which the discount applied by Villa Della Torre Wine Shop is calculated, corresponds to the list price published on the Site.

  •   
  1. PURCHASE ORDERS - PRODUCT INFORMATION

6.1 Villa Della Torre Wine Shop will process the purchase order, and therefore will ship the purchased Product, only after receiving confirmation of authorization for payment of the total amount due, consisting of the purchase price, shipping costs, if applied, and any other additional cost, as indicated in the order form (Total). In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will be considered terminated by law pursuant to and for the purposes of Art. 1456 of the Italian Civil Code.

6.2 The Products will remain the property of Villa Della Torre Wine Shop until the Total Amount has been paid by the user. The risk of loss or damage to the Products, for reasons not attributable to Villa Della Torre Wine Shop, will instead be transferred to the user when the user, or a third party designated by the user and other than the carrier, comes into material possession of the Products.

6.3 Each Product is accompanied by a description. The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. These images must therefore be understood as indicative and subject to normal tolerances. For the purposes of the purchase contract, the Product description contained in the order form transmitted by the user shall prevail.

6.4 All Products contain sulfites, as the wine production process itself implies the presence of sulfites. However, it is possible that other sulfites may be added during the wine production process; in some cases, however, it is possible that a wine may not contain "added" sulfites.

6.5 The purchase of gift cards does not count towards the payment threshold which, once exceeded, entitles the user to obtain free shipping of the Products.

 

  1. AVAILABILITY OF PRODUCTS

7.1 The products offered on the Site are limited in number. Therefore, it may happen, also due to the possibility that multiple users purchase the same Product simultaneously, that the ordered Product is no longer available after the transmission of the purchase order.

7.2 In any case of unavailability of the ordered Product, the user will be promptly informed by e-mail or telephone. The user will therefore be entitled to terminate the contract, pursuant to and for the purposes of the provisions of Art. 61, paragraphs IV and V, of the Consumer Code. In the event that the user exercises the right of termination pursuant to Art. 61, paragraphs IV and V, of the Consumer Code, Villa Della Torre Wine Shop will refund the amounts already paid by the user without undue delay and, in any case, within a maximum period of 15 working days from the date of the communication of the unavailability of the products. This amount will be credited to the same payment method used by the user for the purchase or to the different method agreed upon between the user and Villa Della Torre Wine Shop. Any delays in the credit depending on the bank, the type of credit card, or the payment solution used will not be attributable to Villa Della Torre Wine Shop.

7.3 In the case of orders concerning a plurality of Products (Multiple Order), if the subsequent unavailability concerns only some Products covered by the Multiple Order, without prejudice to the rights granted to the user by law, and in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, and without prejudice to the application of Art. 7.2, Villa Della Torre Wine Shop will immediately notify the user via e-mail or telephone. The user will then be entitled to terminate the contract, limited to the Product(s) that have become unavailable, pursuant to and for the purposes of the provisions of Art. 61, paragraphs IV and V, of the Consumer Code. In the event that the user exercises the right of termination referred to in Art. 61, paragraphs IV and V, of the Consumer Code in relation to the Product(s) that have become unavailable, Villa Della Torre Wine Shop will refund the amount already paid relating to such Product(s) without undue delay and, in any case, within a maximum period of 15 working days from the date of the communication of the unavailability of the products. The amount of the refund will be communicated to the user via e-mail or telephone. This amount will be credited to the same payment method used by the user for the purchase or by the means eventually agreed upon between the parties. Any delays in the credit depending on the bank, the type of credit card, or the payment solution used will not be attributable to Villa Della Torre Wine Shop.

Termination of the entire Multiple Order will be possible only in the case of clear and proven accessoriness of the Products covered by the Multiple Order that have become unavailable with respect to the other Products covered by the Multiple Order that are available.

  

  1. DELIVERY OF PURCHASED PRODUCTS

8.1 The amount of delivery costs due by the user in relation to a specific order is expressly and separately indicated (in Euros and including VAT) during the purchase process, in the order summary and, in any case, before the user proceeds to transmit the same. In the event of an omission of a specific delivery deadline, it will, in any case, take place within thirty days from the date of the conclusion of the contract.

8.2 The delivery obligation is fulfilled by transferring the material availability or otherwise control of the Products to the user.

It is the user's responsibility to check the condition of the Product that has been delivered to them/that they have collected. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to Villa Della Torre Wine Shop, is transferred to the user when the user, or a third party designated by the user and other than the carrier, enters into material possession of the Product, the user is recommended to check the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, including the sealing materials, and is invited, in their own interest, to indicate any anomalies on the carrier's transport document, accepting the package WITH RESERVATION (e.g., damaged package, wet package, non-original tape). Receiving the Products without reservation, in fact, does not allow the user to take legal action against the courier and/or Villa Della Torre Wine Shop in the event of loss or damage to the Products, except in cases where the loss or damage is due to willful misconduct or gross negligence of the courier themselves and except for partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known and no later than eight days after receipt. In the event that the packaging shows obvious signs of tampering or alteration, the user is also recommended to promptly notify the Villa Della Torre Wine Shop Customer Service. In any case, the application of the provisions regarding the right of withdrawal and the legal guarantee of conformity remains valid.

8.3 The provisions of Art. 61 of the Consumer Code shall apply in the event that the purchased Product is not delivered or is delivered late with respect to the delivery times indicated during the purchase process and in the order confirmation.

  

  1. PAYMENT METHODS

9.1 Payment for the Products can be made via credit card and through the PayPal payment solution. In the event that one of these payment methods/solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase procedure.

9.2 Payment by credit or debit card

9.2.1 Payment for the Products can be made by credit or debit card directly through the Site.

9.2.2 In order to ensure the security of payments made on the Site and prevent fraud, Villa Della Torre Wine Shop reserves the right to ask the user, via e-mail, to send, by the same means, a copy of the front/back of their identity card and, in the event that the order holder is different from the cardholder, the identity card of the latter. The document must be valid. The deadline within which the document must reach Villa Della Torre Wine Shop will be specified in the request e-mail. This deadline will not, in any case, exceed 5 working days from receipt of the request by the user. While awaiting the requested document, the order will be suspended. The user is required to send the requested documents within the indicated deadline.

9.2.3 In the event that Villa Della Torre Wine Shop does not receive such documents within the deadline specified in the request e-mail, or receives expired or invalid documents, the contract shall be considered terminated by law pursuant to and for the purposes of Art. 1456 of the Italian Civil Code, and Villa Della Torre Wine Shop may reserve the right to cancel the order, with the consequent refund of the Total Amount Due.

9.2.4 In the event of receipt by Villa Della Torre Wine Shop of valid documentation within the deadline indicated in the e-mail referred to in Art. 9.3.2 above, the delivery terms will run from the date of receipt thereof.

9.2.5 The confidential credit card data (card number, cardholder, expiry date, security code) are encrypted and transmitted directly to the payment operator without passing through the servers used by Villa Della Torre Wine Shop. Villa Della Torre Wine Shop therefore never has access to and does not store the data of the credit card used by the user for the payment of the Products (this also applies in the event that the user has decided to store the credit card data on the Site), with the exception of the name of the credit card holder.

9.3 Payment via PayPal payment solution

9.3.1 Payment for Products purchased on the Site can be made using the PayPal payment solution. If the user chooses PayPal as the means of payment, they will be redirected to the www.paypal.it website, where they will make payment for the Products in accordance with the procedure provided for and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by them and will not be transmitted or shared with Villa Della Torre Wine Shop. The latter is therefore unable to know and does not store in any way the data of the credit card linked to the user's PayPal account or the data of any other payment instrument connected to such an account.

9.3.2 In the case of payment via PayPal, the Total Amount will be charged by PayPal to the user at the time the contract is concluded through the Site. In the event of termination of the purchase contract and in any other case of a refund, for any reason, the amount of the refund due to the user will be credited to their PayPal account, unless otherwise agreed between the User and Villa Della Torre Wine Shop. The timing of the credit to the payment instrument linked to that account depends exclusively on PayPal and the banking system. Once the credit order has been issued in favor of such account, Villa Della Torre Wine Shop cannot be held liable for any delays or omissions in crediting the refund amount to the user, and the user must contact PayPal directly to contest them.

 

  1. MISCELLANEOUS

11.1 By placing an order on the Site, the user consents to receiving the invoice, if requested, only in electronic format. The invoice may be printed and archived as an original in accordance with Ministerial Circular 45/E, 19/10/2005. The information provided for this purpose by the user, which they declare and guarantee to be true, shall be considered authentic for the issuance of the invoice, and the user undertakes to hold Villa Della Torre Wine Shop harmless and indemnified from any damage, including penalties issued by the competent authorities, that may derive to it in the event that such information is not true.

11.2 Villa Della Torre Wine Shop is a registered trademark. Photos, texts, descriptions and everything contained on the Site are the property of Villa della torre srl. The full or partial reproduction of any part of the Site is prohibited; the reproduction of texts or photos for any use and in any form is also prohibited without the prior written authorization of Villa della torre srl.

11.3 Villa Della Torre Wine Shop is not liable for any damage suffered by the user or third parties or to property belonging to the user or third parties due to delays in delivery, failure to deliver, or linked to the use of the Product. Villa Della Torre Wine Shop is liable for contractual and/or non-contractual damages that may be suffered by users only in the case where the damage suffered is an immediate and direct consequence of the activity carried out by Villa Della Torre Wine Shop through the website.

11.4 Villa Della Torre reserves the right to make changes and/or additions to the general terms and conditions of sale. The changes and/or additions shall apply to purchases made from the date of their publication. The user who uses the digital platform after the publication of the changes on the website accepts the new contractual terms without reservation. Users are therefore required to consult this page periodically so as to be always informed about the applicable conditions. It is understood that the use of the site following such changes implies tacit acceptance thereof.

 

  1. LEGAL WARRANTY OF CONFORMITY

All Products sold on the Site are covered by the Legal Warranty of Conformity provided for by Articles 128-135 of the Italian Consumer Code. The Legal Warranty is reserved for consumers. Therefore, it applies only to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity they may carry out. For those who have purchased on the Site and who do not qualify as consumers, the warranties for defects of the goods sold, the warranty for lack of promised and essential qualities, and other warranties provided by the civil code with the relative terms, forfeitures and limitations will apply.

 

  1. APPLICABLE LAW AND JURISDICTION

13.1 These general terms and conditions of sale are subject to Italian law.

13.2 In the event of a dispute relating to the validity, interpretation and/or execution of the contract, the court of _________ shall have jurisdiction, without prejudice to the application of mandatory rules.

 

  1. CUSTOMER SERVICE AND COMPLAINTS

14.1 It is possible to request information, send communications, request assistance or submit complaints by contacting Customer Service in the following ways:

  • Telephone: +39 0456832072 (from Monday to Saturday: 10:00 - 17:00)
  • Email: wineshop@villadellatorre.it

14.2 Villa Della Torre Wine Shop will respond promptly to complaints submitted, in any case within five working days of receipt thereof.