General Terms & Conditions

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General Terms & Conditions

General Conditions

 

These conditions regulate purchases made on the website www.marcheseadorno-wines.it, in compliance with Chapter I, Title III, Part III of the Consumer Code, Legislative Decree no. 206/2005 and subsequent amendments regarding e-commerce.

These conditions (hereafter: “General Conditions”) are only applicable to the Azienda Marchese Adorno, with registered office in via Balbi 1, 16126 Genova and operative premises in via Coriassa 4, 27050 Retorbido (PV), VAT number 03544850104, registered in the Register of Companies in Genoa REA NR 360288 (hereafter: ''Marchese Adorno''), and any consumer (hereafter: “The Customer”) who makes purchases online from the website www.marcheseadorno-wines.it (hereafter: “The CUSTOMER”).

These conditions may be subject to change. The conditions take effect when published on the website. The General Conditions for Online Sales may be modified to adapt to market requirements or to comply with any changes to legislation.  All such updates or changes will be duly published on the website, and will come into immediate effect on the date of publication.

 

General Conditions for Online Sales

All the wines offered on the website www.marcheseadorno-wines.it are produced and sold directly by Azienda Marchese Adorno.

This online sales service is only available to consumers of 18 or over, and is in any case in compliance with the laws governing e-commerce.

Marchese Adorno reserves the right not to accept orders from clients who are under 18, or who do not comply with current legislation regarding the sale of alcoholic beverages. By using the website www.marcheseadorno-wines.it, the Client declares that both s/he and the person or persons who will receive the delivery are 18 or over.

The General Conditions apply exclusively to the various steps in the sales process between users of the website and Azienda Marchese Adorno (namely: offers; transmission, acceptance and delivery of orders; right of withdrawal). They do not apply to services supplied, or products sold, by third parties who appear on the site through links, hypertexts or banners.

Marchese Adorno cannot be held responsible for any inaccuracies or slight discrepancies between the online descriptions of their products and the products actually delivered. Furthermore, the photographs of the products on the website are for illustrative purposes only and have no contractual value. Marchese Adorno declines all responsibility for typographic errors or omissions. The images on the website may not be modified, copied, or used for public or commercial use of any kind.

 

The Sales Contract

 

These General Conditions apply to sales made by Marchese Adorno and distance purchases made by the CLIENT of movable goods offered on the website www.marcheseadorno-wines.it. The contract is concluded exclusively via the Internet, by means of the CLIENT’s access to the website and placing of an order according to the procedure foreseen on the website itself.

Before confirming his/her order, the Client undertakes to read and accept these General Conditions and all other pre-contractual information.

The CLIENT is free to print a copy these General Conditions as foreseen by paragraph 1 of Legislative Decree no. 206/2005, amended by Legislative Decree no. 21/2014.

Pre-contractual information for the consumer

In accordance with article 49 of Legislative Decree no. 206/2005, before finalising the contract, the Client will consult the product descriptions in order to choose which products to order.

Before finalising the contract, and before confirming the order, which makes payment obligatory, the CLIENT has been duly informed of the following:

the main characteristics of the products;

the overall cost of the products, including taxes, delivery costs of any kind, any other applicable charges;

Method of payment;

terms, conditions and procedure regulating the right to withdraw;

the CLIENT’s obligation, in the event of withdrawal, to pay for the products to be returned;

the conformity guarantees of the products to be purchased;

other applicable commercial guarantees;

 

Conclusion of the online sales contract

 

By sending an order to the website, the Client makes a contractual proposal, and by doing so, the CLIENT unconditionally accepts the General Conditions of Sales detailed here, as well as the method of payment. Furthermore, by sending the online order form, the CLIENT confirms that s/he has been informed of all information on the website, including any links.

When the CLIENT sends the order via e-mail/internet, and after this order has been accepted by Marchese Adorno, the CLIENT is obliged to pay. The online sales contract is to be considered confirmed when Marchese Adorno accepts the order and sends the CLIENT an e-mail to confirm this. The e-mail will be sent from this address: adornocard@marcheseadorno-wines.it and contains the CLIENT’s details, as well as a summary of the order, delivery charges, the address where the goods will be sent, and a copy of these conditions of sale.

The CLIENT undertakes to check that his/her personal details contained in the aforementioned e-mail are accurate, and to inform Marchese Adorno of any corrections that may be necessary. This must be done by phone (0383/374404) and no later than 12.00 on the first working day after the mail confirming the order has been received. After this deadline, no modifications to the order will be accepted. This does not affect the conditions governing cancellation laid out here.

Marchese Adorno reserves the right to refuse or not process purchase orders that are incomplete or incorrect, i.e. when the goods being ordered are not available or when solvency is not deemed to be sufficient. In such cases, the CLIENT will be informed by e-mail that the contract has not been entered into and that the purchase order will not be processed. Reasons for this, as well as possible solutions if available, will be detailed in the e-mail.

Furthermore, by sending the online order form, the CLIENT confirms that s/he has been informed of all information on the website, including any related links.

 

Product Availability   

 

Product availability refers to the effective availability of products when the CLIENT actually makes an online order. The product availability shown is, however, only approximate due to the fact that more than one Client may be visiting the website at any one time. Products could be sold to another Client before a Client’s order is confirmed.

In the unlikely event that products ordered become partially or totally unavailable even after Marchese Adorno has sent the e-mail confirming the order, the Client will be contacted immediately.

 

Method of Payment

 

All payments made by the CLIENT must use either Paypal, or credit cards recognised by this sales channel, including American Express.

Credit cards will only be charged when the order is complete and ready to be shipped.

Paypal payments will be charged when the e-mail confirming the order is sent.

All data regarding payments, including that provided by the CLIENT, is protected. Credit card payment protection is VBV certified (Verified by Visa) and SCM (Security Code Mastercard).

If the CLIENT is not a consumer or user (Article 3, paragraph 1, subparagraph A of the Consumer Code), the conditions regarding withdrawal from the sales contract detailed in these General Conditions will not be applicable.

Paypal payments will be automatic for registered users and after registration for new users. Clients can see details of the order and delivery on the same page. The payment procedure is swift: details of the transaction can be consulted immediately, and payment is secure. Paypal is a safe circuit.

 

Prices  

The prices shown on the website for all products are in Euros and include VAT.

Delivery charges are not included in the sales price. They are calculated and shown at the end of the purchasing process and before payment is made.

The CLIENT acknowledges Marches Adorno’s right to make changes to prices at any time. Nevertheless, the prices applied will be those shown on the website when the order was made and in the e-mail sent to the CLIENT confirming the order.

In the event of a computer error, be it manual, technical, or of any nature whatsoever, that alters prices displayed, making them either clearly excessive or unrealistically low, the order will be considered null and void and the CLIENT will be reimbursed within 30 days.

 

Right of Withdrawal

 

The CLIENT has the right to withdraw from the contract without penalties or justification within 14 days of receiving the products, as stipulated by Legislative Decree no. 206/2005, without prejudice to Article 56, paragraph 2 and Article 57 of the Consumer Code.

The CLIENT must inform Marchese Adorno in writing of his/her intention to withdraw by sending a registered letter to Marchese Adorno di Cattaneo Adorno Marcello, Via Coriassa, 4 – 27050 Retorbido (PV).

In the event that the CLIENT exercises his/her right to withdraw, they must return the goods within 14 days of communicating their intention to withdraw, according to Article 57 of Legislative Decree 206/2005.

The goods must be returned intact and in the same condition as they were when supplied by Marchese Adorno. The goods must be returned to: Marchese Adorno, Via Coriassa, 4 – 27050 Retorbido (PV), and entirely at the CLIENT’s expense.

In addition to circumstances foreseen by Article 7 (circumstances regarding the CLIENT, not the Consumer), withdrawal is not allowed according to circumstances foreseen by Article 59 of the Consumer Code in the following cases:

Purchased goods that have been custom-packed or clearly personalised (Article 59, paragraph 1, subparagraph c).

Purchased goods that might easily expire or deteriorate in quality (Article 59, paragraph 1, subparagraph d).

Purchased goods that have been sealed and are not suitable to be returned for reasons of hygiene or health-related issues, and that have been opened after delivery (Article 59, paragraph 1, subparagraph e).

Purchase of alcoholic beverages where the price has been agreed at the moment of concluding the sales contract, where delivery can only take place after 30 days, and whose real value depends on market variations that are beyond the seller’s control (Article 59, paragraph 1, subparagraph g).

 

Legal Guarantee of Conformity

 

In the event that the goods received do not conform to the order or are defective, the CLIENT has the right to receive substitute products that conform to the order, without any additional cost. The CLIENT can make use of this right within 7 days of receiving the goods and must report any defects to Marchese Adorno within 24 hours of discovering them. Goods that do not conform must be returned to Marchese Adorno so that any defects of discrepancies can be checked.

 

Method of Delivery

 

Marchese Adorno only accepts orders that are to be delivered in Italy or the Republic of San Marino. Products will be delivered by express courier to the address provided by the CLIENT with the order. Delivery will take place within 30 days of the date of reception of the e-mail to the CLIENT confirming the order.

A receipt will be issued for each order to be delivered. The receipt will be attached to the delivery.

Deliveries will be made by ARCO SPEDIZIONI and will take between 24 and 72 hours, depending on the location of the delivery address. The courier will contact the Client by phone to arrange the delivery.

Delivery charges are 15 Euros for orders of less that 250,00 Euros. There are no delivery charges for orders of 250,00 Euros or more to addresses in Italy.

 

Responsibility  

 

Marchese Adorno does not accept responsibility for poor service due to accident or force majeure, including circumstances created by breakdowns or malfunctioning of the Internet that make it impossible to process orders within the time foreseen by the contract.

 

Access to the Website

 

The CLIENT has the right to access the website to view products and make purchases. No other use of the website or its contents is allowed, particularly for commercial purposes. The website in its entirety, including all audio and visual elements, and the technology used, is property of Marchese Adorno and is protected by intellectual property rights.

 

Cookies

 

The website uses cookies. Cookies are electronic files that record information about the CLIENT’s visit to the website.

 

Marchese Adorno informs the Client that, while it is possible to deactivate cookies from the internet configuration menu, by so doing, the Client will not be able to purchase online from the website.

 

Entirety

 

These General Conditions of Sale consist of the all the clauses that constitute them. If one or more of the provisions in these General Conditions of Sale is found to be illegal, void or unenforceable, because of any law or public policy, or following the decision of a court having jurisdiction, the remaining provisions will continue in full force and effect.

 

Privacy

 

Marchese Adorno complies with Legislative Decree 196 of 30 June 2003, the Personal Data

Protection Code, to safeguard the personal information of individuals and other subjects.

 

Applicable Law, Jurisdiction and Competence

 

These General Terms and Conditions of Sale are governed by Italian law and in particular by Italian Legislative Decree no. 206 of 6 September 2005 on distance contracts and by Italian Legislative Decree no. 70 of 9 April 2003 on certain aspects related to e-commerce.

 

The judicial authorities in Voghera have exclusive jurisdiction in any dispute where an amicable settlement cannot be reached, on the understanding of the applicability of the standards required by law for the protection of consumers.

 

It is also possible to make recourse optionally to mediation procedures (see Legislative Decree 28/2010); please see this website https://webgate.ec.europa.eu/odr for possible solutions to controversies arising from the interpretation and execution of these conditions of sale.

 

General Conditions of Sale updated 20.1.2017

 

 

 

 

 

 

 

 

 

 

 

 

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