Terms and Conditions
The following General Conditions of Sale regulate the offer and sale of products on this website https://shop.villadellatorre.it/ (Website).
The products purchased on the Website are offered and sold by Villa della torre srl, (hereinafter referred to as Villa Della Torre Wine Shop).
- SCOPE OF APPLICATION
1.1 The sale of products through the Website (Products) constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and by Legislative Decree 9 April 2003, n. 70, containing provisions on electronic commerce.
1.2 The General Conditions of Sale may be modified at any time by Villa Della Torre Wine Shop. Any modifications and/or new conditions will be effective from the moment they are published on the Website. For this reason, users are invited to regularly access the Website and consult, before making any purchase, the most updated version of the General Conditions of Sale. The applicable General Conditions of Sale are those in force on the date the purchase order is submitted.
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 are present on the Website via links, banners or other hyperlinks. Before making commercial transactions with such parties, it is necessary to verify their conditions of sale. Villa Della Torre Wine Shop is not responsible for the provision of services and/or for the sale of products by such parties. Villa Della Torre Wine Shop does not carry out any control and/or monitoring on the websites that can be consulted through these links. Villa Della Torre Wine Shop is therefore not responsible for the contents of these sites nor for any errors and/or omissions and/or violations of the law by them.
- PURCHASES ON THE WEBSITE
2.1 With reference to Italian citizens, sales on the Website are reserved only for those who are 18 years of age or older. Buyers who are not Italian citizens may purchase Products on the Website only if they are of legal age according to their national law. If there is no legislation in this regard, they must be at least 21 years of age.
In any case, the user who makes purchases on the Website undertakes to indemnify Villa Della Torre Wine Shop from any liability in the event that they have made purchases on the Website without complying with their national law regarding age limits for purchases.
2.2 Villa Della Torre Wine Shop reserves the right to refuse or cancel orders that come from (i) a user with whom it has an ongoing legal dispute; (ii) a user who has previously violated these General Conditions of Sale and/or the conditions and/or terms of a purchase contract with Villa Della Torre Wine Shop; (iii) a user who has been involved in fraud of any kind and, in particular, in credit card payment fraud; (iv) users who have provided false, incomplete or otherwise inaccurate identifying data or who have not promptly sent Villa Della Torre Wine Shop the documents requested by it based on these General Conditions of Sale or who have sent invalid documents; (v) users who do not provide sufficient guarantees of solvency. In any case, Villa Della Torre Wine Shop reserves the right to cancel orders relating to transactions that do not present an absolute degree of genuineness.
2.3 With regard to purchases on the Website, it may happen that: the purchase 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 material error, a Product is indicated as available when it is not during the order preparation phase. In these cases, or similar cases, the user can request the cancellation of the order or obtain, in agreement with Villa Della Torre Wine Shop, a different Product, possibly with an adjustment of the purchase cost.
- REGISTRATION ON THE WEBSITE
3.1 The purchase of Products on the Website is allowed 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 Website registration process is complete and truthful. The user agrees to hold Villa Della Torre Wine Shop harmless from any damage, compensation obligation and/or penalty deriving from and/or in any way connected to the user's violation of the rules on Website registration or the retention of registration credentials. To delete your profile, please send an email to wineshop@allegrini.it
- INFORMATION DIRECTED TO THE CONCLUSION OF THE CONTRACT
4.1 In accordance with Legislative Decree 9 April 2003, n. 70 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 Website, the user must fill out an electronic order form and send it to Villa Della Torre Wine Shop, electronically, following the instructions that will appear from time to time on the Website and that will accompany the different stages of the purchase;
- the contract is concluded when the order is confirmed to Villa Della Torre Wine Shop.
- Once the order form has been registered, Villa Della Torre Wine Shop will send the user, via email to the indicated email address, the order confirmation, containing information relating to the characteristics of the purchased Product, the detailed indication of the price, the payment method used, delivery costs and any additional costs, as well as the contacts of the Customer Service, which the user can contact to request assistance and/or submit complaints. It is recommended to keep the received email as proof of purchase. The General Conditions of Sale and information on the right of withdrawal, as well as the Privacy Policy of Villa Della Torre Wine Shop, will be available through the footer of the Villa Della Torre Wine Shop website homepage and in the links that appear during the purchase phase.
- The order form will be stored 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 product they intend to purchase. Before proceeding with the validation of 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 costs borne by the user; b) payment method; c) deadline by which Villa Della Torre Wine Shop undertakes to deliver the goods; d) conditions, terms, procedure for exercising the right of withdrawal; e) need to bear the cost of returning the goods in case of withdrawal; f) after-sales assistance conditions.
- VALIDITY OF OFFERS AND PRICES
5.1 All Product prices are expressed in Euros (€) and are understood to include Value Added Tax ("VAT"), unless otherwise explicitly stated. Any additional costs will be expressly and separately indicated in the order form, before the user proceeds with its submission. For shipping costs, please refer to the dedicated "Shipping" 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 that published on the information sheet illustrating the main characteristics of the Product (product description) at the time of order submission. Any price variations (upwards or downwards) after the order submission will not be taken into account.
5.3 Products at discounted prices may be offered for sale on the Website. The full price indicated on the Website (Strikethrough Price), and with respect to which the discount applied by Villa Della Torre Wine Shop is calculated, corresponds to the list price published on the Website.
- PURCHASE ORDERS - PRODUCT INFORMATION
6.1 Villa Della Torre Wine Shop will process the purchase order, and therefore ship the purchased Product, only after having received confirmation of the authorization to pay the total amount due, consisting of the purchase price, shipping costs, if applicable, and any other additional costs, as indicated in the order form (Total). If the Total Amount Due is not paid or the payment is not successful, the purchase contract will therefore be terminated by law pursuant to and for the purposes of art. 1456 c.c.
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, due to causes 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 different from the carrier, physically takes possession of the Products.
6.3 Each Product is accompanied by a description. The images and descriptions on the Website reproduce the characteristics of the Products as faithfully as possible. These images must therefore be understood as indicative and with customary tolerances. For the purposes of the purchase contract, the Product description contained in the order form submitted by the user will prevail.
6.4 All Products contain sulfites, as the wine production process itself implies the presence of sulfites therein. However, it is possible that other sulfites are added during the wine production process; in some cases, however, a wine may not contain "added" sulfites.
6.5 The purchase of gift vouchers does not affect the payment threshold which, once exceeded, entitles the user to free shipping of the Products.
- PRODUCT AVAILABILITY
7.1 The number of products offered on the Website is limited. It may therefore happen, also due to the possibility that multiple users purchase the same Product simultaneously, that the ordered Product is no longer available after the purchase order has been submitted.
7.2 In any case of unavailability of the ordered Product, the user will be promptly informed by email or telephone. The user will therefore be entitled to terminate the contract, pursuant to and for the effects of what is provided for by 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, 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 of 15 working days from the date of communication of product unavailability. This amount will be credited to the same payment method used by the user for the purchase or a different method agreed upon between the user and Villa Della Torre Wine Shop. Any delays in crediting due to the banking institution, 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 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 effects of what is provided for by art. 61, IV and V paragraph, of the Consumer Code. In the event that the user exercises the right of termination referred to in art. 61, IV and V paragraph, 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 this/these Product/s, without undue delay and, in any case, within a maximum of 15 working days from the date of communication of product unavailability. The refund amount 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 through the method eventually agreed between the parties. Any delays in crediting depending on the banking institution, the type of credit card or the payment solution used will not be attributable to Villa Della Torre Wine Shop
. The termination of the entire Multiple Order will be possible only in the case of obvious and proven accessory nature of the Products included in the Multiple Order that have become unavailable with respect to the other Products included in the Multiple Order that are available.
- DELIVERY OF PURCHASED PRODUCTS
8.1 The amount of delivery costs owed by the user in relation to a specific order is expressly and separately indicated (in Euros and inclusive of VAT) during the purchase process, in the order summary, and, in any case, before the user proceeds with its transmission. In the event of failure to indicate a specific delivery term, delivery will in any case take place within thirty days from the date of conclusion of the contract.
8.2 The delivery obligation is fulfilled by the transfer of physical availability or, in any case, control of the Products to the user.
It is the user's responsibility to check the condition of the Product delivered/picked up. Without prejudice to the fact that the risk of loss or damage to the Products, due to causes 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 different from the carrier, physically takes possession of the Product, the user is advised to check the number of Products received and that the packaging is intact, undamaged, not 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). Indeed, unconditional acceptance of the Products 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 fraud or gross negligence on the part of the courier itself and with the exception of 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. If the packaging shows obvious signs of tampering or alteration, the user is also advised to promptly notify Villa Della Torre Wine Shop Customer Service. The application of the rules on the right of withdrawal and legal guarantee of conformity remains valid in any case.
8.3 Article 61 of the Consumer Code applies if the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation.
- PAYMENT METHODS
9.1 Payment for Products can be made by credit card and via the PayPal payment solution. If one of these payment methods/solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Website, at the latest at the beginning of the purchase procedure.
9.2 Payment by credit or debit card
9.2.1 Payment for Products can be made by credit or debit card directly through the Website.
9.2.2 In order to guarantee the security of payments made on the Website and prevent any fraud, Villa Della Torre Wine Shop reserves the right to ask the user, by e-mail, to send, by the same means, a front/back copy of their identity card and, in the event that the order holder is different from the card holder, of the latter's identity card. The document must be valid. The e-mail request will specify the deadline by which the document must reach Villa Della Torre Wine Shop. This deadline will not, in any case, exceed 5 working days from the receipt of the request by the user. Pending the requested document, the order will be suspended. The user is required to send the requested documents within the specified deadline.
9.2.3 In the event that Villa Della Torre Wine Shop does not receive such documents within the deadline specified in the e-mail request or receives expired or invalid documents, the contract will be deemed terminated by law pursuant to and for the purposes of art. 1456 of the Civil Code and Villa Della Torre Wine Shop may reserve the right to cancel the order, with consequent reimbursement of the Total Amount Due.
9.2.4 In the event that Villa Della Torre Wine Shop receives 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 of the same.
9.2.5 The confidential credit card details (card number, cardholder, expiry date, security code) are encrypted and transmitted directly to the payment processor without passing through Villa Della Torre Wine Shop's servers. Villa Della Torre Wine Shop therefore never accesses or stores the credit card details used by the user for payment for the Products (even if the user has decided to save the credit card details on the Website), with the exception of the credit card holder's name.
9.3 Payment via PayPal solution
9.3.1 Payment for Products purchased on the Website can be made using the PayPal payment solution. If the user chooses PayPal as the payment method, they will be redirected to www.paypal.it where they will make payment for the Products according to the procedure provided 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 PayPal and will not be transmitted or shared with Villa Della Torre Wine Shop. The latter therefore cannot know and does not store in any way the credit card details linked to the user's PayPal account or the details of any other payment instrument connected to that account.
9.3.2 In the case of payment via PayPal, the Total Amount will be debited by PayPal to the user concurrently with the conclusion of the contract through the Website. In case of termination of the purchase contract and in any other case of refund, for any reason, the refund amount due to the user will be credited to their PayPal account, unless a different method is agreed between the User and Villa Della Torre Wine Shop. The crediting times for the payment instrument linked to that account depend exclusively on PayPal and the banking system. Once the credit order has been issued in favor of that account, Villa Della Torre Wine Shop cannot be held responsible for any delays or omissions in crediting the refund amount to the user; for such issues, the user must contact PayPal directly.
- MISCELLANEOUS
11.1 By placing an order on the Website, the user consents to receive the invoice, if requested, only in electronic format. The invoice can be printed and archived as an original in accordance with Ministerial Circular 45/E, 19/10/2005. The information provided by the user for the purpose of issuing the invoice, which the user declares and guarantees to be true, will be used as proof, 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 arise in the event of any inaccuracy of such information.
11.2 Villa Della Torre Wine Shop is a registered trademark. Photos, texts, descriptions and everything contained on the Website are the property of Villa della Torre srl. Full or partial reproduction of any part of the Website is prohibited; reproduction of texts or photos for any use and in any form and in any case without prior written authorization from Villa della Torre srl is also prohibited.
11.3 Villa Della Torre Wine Shop is not responsible 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, non-delivery or related to the use of the Product. Villa Della Torre Wine Shop is responsible for contractual and/or extra-contractual damages that may be suffered by users only if the damage suffered constitutes 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. Changes and/or additions apply to purchases made from the date of their publication. Users who use the digital platform after the changes are published on the website accept the new contractual terms without reservation. Users are therefore required to periodically consult this page, in order to always be informed about the applied conditions. It is understood that the use of the site after such changes implies tacit acceptance thereof.
- LEGAL WARRANTY OF CONFORMITY
All Products sold on the Website are covered by the Legal Warranty of Conformity provided for by articles 128-135 of Legislative Decree no. 128-135 of the Consumer Code. The Legal Warranty is reserved for consumers. It therefore applies only to users who have made a purchase on the Website for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out. For those who have purchased on the Website and who do not qualify as consumers, the warranties for defects in the sold item, the warranty for promised and essential quality defects, and the other warranties provided by the civil code with their respective terms, forfeitures and limitations will apply.
- APPLICABLE LAW AND JURISDICTION
13.1 These general terms and conditions of sale are governed by Italian law.
13.2 In case of disputes relating to the validity, interpretation and/or execution of the contract, they are subject to the jurisdiction of the court of _________, without prejudice to the application of mandatory rules.
- 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 (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.