1 - PURPOSE OF THE ONLINE CONTRACT AND ITS DEFINITION.
An online contract of sale means a distance contract relating to movable property and/or services concluded between
TENUTE PIERALISI S.r.l. Società Agricola with registered office in Via Vivaio s.n.c. – Monteschiavo 60030 Maiolati Spontini (Ancona) and VAT No. 01381030426, and a consumer within a distance selling system organized by the supplier. All contracts will be concluded directly through access by the consumer customer to the website corresponding to the address: tenutepieralisi.it, where, following the indicated procedures, they will conclude the contract for the purchase of the goods. Consumer means the natural or legal person who purchases the goods and services offered. Below are the sales conditions that will remain effective until they are changed by the supplier. Any changes to the conditions of sale shall be effective from the moment they are published on the website: tenutepieralisi.it and shall refer to sales made from that moment onwards.
2 - SALES PRICES AND PURCHASE METHODS.
All sales prices of the products displayed on the website: tenutepieralisi.it, for which they constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code, are inclusive of VAT; the transport costs are calculated automatically on the basis of the destination of the goods to be ordered; the transport costs applied are understood to be fixed for each item shipped. The purchase contract is finalised by means of the exact compilation and consent to the purchase expressed through the online subscription. The customer can pay for the goods ordered using the payment methods indicated online at the time of purchase.
3 - EXECUTION OF THE CONTRACT AND MODE OF DELIVERY.
TENUTE PIERALISI S.r.l. Società Agricola will deliver the ordered products to the customers, according to the modalities indicated in the previous article, mainly using the service of trusted couriers. Delivery times, which will never exceed, in any case, those provided for by art. 6 Legislative Decree 185/1999 (30 days from order date), may vary depending on the product and destination. Delivery times are established in the "Shipping and Delivery" section of the website: tenutepieralisi.it, and are to be considered indicative and not peremptory. However, no responsibility can be attributed to the supplier for delayed or non-delivery due to force majeure or fortuitous events.
4 - LIABILITY
TENUTE PIERALISI S.r.l. Società Agricola does not assume any responsibility for inefficiencies due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, and other similar events that could prevent, in whole or in part, execution of the contract in the agreed time. TENUTE PIERALISI S.r.l. Società Agricola will not be responsible towards any party for damages, losses and costs incurred as a result of the non-execution of the contract due to the above-mentioned causes, the consumer being only entitled to the restitution of the price paid. TENUTE PIERALISI S.r.l. Società Agricola is not responsible for any fraudulent or illegal use that may be made by third parties, of credit cards, cheques and other means of payment, when paying for the purchased products.
5 - OBLIGATIONS OF THE PURCHASER The consumer agrees and undertakes, once the online purchase procedure is completed, to print and keep these general conditions as well as the specifications of the product purchased, and this in order to fully satisfy the condition referred to in Articles. 3 and 4 of Legislative Decree no. 185/1999. 7.1, it is strictly forbidden for the purchaser to insert false and/or invented and/or fake data in the registration procedure necessary to activate the procedure for the execution of the present contract and the relative further communications; the personal data and the e-mail must be exclusively their own real personal data and not of third persons, or fake data. TENUTE PIERALISI S.r.l. Società Agricola reserves the right to prosecute any violation or abuse, in the interest and for the protection of consumers.
6 - RIGHT OF WITHDRAWAL The consumer who for any reason is not satisfied with the purchase made, has the right to withdraw from the contract without penalty and without specifying the reason, within 10 working days from the day of receipt of the goods. The withdrawal must be manifested by sending within the aforementioned period of 10 days a registered letter with acknowledgement of receipt to the following address: TENUTE PIERALISI S.r.l. Società Agricola - Via Vivaio s.n.c. – Monteschiavo 60030 Maiolati Spontini (Ancona). Within the same term, a telegram or a fax can be sent, to be followed within 48 hours by the above-mentioned registered letter with acknowledgement of receipt to confirm the withdrawal. Within the above-mentioned term of 10 days the goods must be returned to: TENUTE PIERALISI S.r.l. Società Agricola all the goods purchased must be returned to: TENUTE PIERALISI S.r.l. intact and in their original packaging, without anything missing. The return costs will be charged to the customer. Once the goods are received, TENUTE PIERALISI S.r.l. Società Agricola will forward the entire amount paid by the consumer within thirty days.
7 - CONTRACT TERMINATION AND EXPRESS TERMINATION CLAUSE
TENUTE PIERALISI S.r.l. Società Agricola has the right to terminate the contract by giving simple communication to the customer with adequate and justified reasons; in this case the customer will be entitled only to the restitution of the possible amount already paid. The obligations assumed by the client as per point 7, as well as the guarantee of the good outcome of the payment that the client makes with the means of payment as per point 2, are essential, so that by express agreement, the failure of the client to fulfil only one of these obligations will result in the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, and without the need for a judicial decision, without prejudice to the right of TENUTE PIERALISI S.r.l. Società Agricola to take legal action for compensation of further damage.
8 – COLLECTION AND USE OF PERSONAL DATA
Personal data are collected for the purpose of registering the customer and activating the procedures for the execution of this contract and the necessary communications; such data are treated electronically in accordance with the laws in force and can be produced only at the request of the judicial authority or other authorities authorized by law. The personal data shall be communicated to subjects delegated to carry out the activities necessary for the execution of the contract stipulated and disseminated exclusively for this purpose. The data subject has the rights as per art. 13 L. 675/1996, namely: - to request confirmation of the existence of their personal data; - to know their origin, logic and purpose of their processing; - to obtain the updating, rectification and integration; - to request cancellation, transformation into anonymous form or blocking in case of unlawful processing; - to oppose their processing for legitimate reasons or in case of use of data for sending advertising material, commercial information, market research, direct selling and interactive commercial communication. The data controller and person responsible for the collection and processing of personal data is TENUTE PIERALISI S.r.l. Società Agricola - Via Vivaio s.n.c. -Monteschiavo 60030 Maiolati Spontini (Ancona)
9 - JURISDICTION AND COURT OF JURISDICTION Any dispute relating to the application, execution, interpretation and breach of purchase contracts entered into online through the site: tenutepieralisi.it is subject to Italian jurisdiction; the present general conditions refer, for what is not expressly provided for therein, to the combined provisions of Legislative Decree No. 50 of 15.1.1992 and Legislative Decree No. 185 of 22.5.1999. Any dispute between the parties regarding this contract shall be settled by the Court in whose district the consumer is domiciled if located in the territory of the Italian State; for all other customers it is agreed that any dispute shall be the exclusive competence of the Court of Ancona.