Terms of Sale
These conditions of sale illustrate the rights and obligations of the customers of the company “Cantine Da Dalt sas di Valerio Da Dalt & C”, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – VAT number 00100120930, in relation to any purchase of products made through the website www.cantinedadalt.com.
These general conditions of contract may be conditions or companies modified in any “Cantine Da Dalt sas di Valerio Da Dalt & C”, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – VAT number 00100120930, who will communicate it through the appropriate communication channels to customers.
ADDRESSES
Ragione sociale: Cantine Da Dalt sas di Valerio Da Dalt & C
Via Udine, n. 31 – 33080, Zoppola – Pordenone
Tel: (+39) 346 7631068
email: info@cantinedadalt.com
IVA 0010012093
DEFINITION AND OBJECT OF THE ONLINE SALES CONTRACT
Definition.The term “online” sales contract means the conclusion of a distance contract, i.e. the legal transaction concerning movable goods, entered into between a supplier and a consumer and/or customer (for distance contracts with consumers, explicit reference is made to the regulations provided for in Section II of Legislative Decree no. 206 of 6 September 2005), within the framework of a distance sales system organised by the supplier who, for such contract, exclusively uses the distance communication technology called “internet”. The aforementioned contracts of sale concluded on-line are governed, for all matters not provided for in these general conditions of sale, by Legislative Decree 22.05.1999 no. 185 (implementation of Directive 97/7/EC on the protection of consumers in respect of distance contracts) and by Legislative Decree 70/2003 (issued on the basis of the delegation contained in the 2001 Community Law with which Italy implemented Directive 2003/31/EC), as well as by the Italian Civil Code.
Objection of the contract of sale by the supplier is subject to the provisions of the Italian Civil Code.
Subject of the contract. The subject of the contract is the sale and purchase of bottles of wine.
The subject of the contract is the sale and purchase of bottles of wine.
Contract conclusion. All purchase contracts shall be concluded by means of access, by the consumer/customer, to the website www.cantinedadalt.com where, following the indicated procedures, the contract for the purchase of the product sold there can be concluded; in particular, the contract shall be considered concluded when the customer’s acceptance reaches the electronic address of the company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n.
The “Cantine Da Dalt sas di Valerio Da Dalt & C, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, may discretionally request from the consumer and/or customer a confirmation of the order placed. An order placed by a person who is not resident or domiciled in Italy, the Republic of San Marino or the Vatican City shall be deemed ineffective.
SALE PRICES AND PURCHASE METHODS
All sales prices of the products displayed and indicated on the website are inclusive of VAT and all other taxes. The customer will be charged a contribution towards shipping costs, which will be clearly displayed before the order is placed.
The prices may change at any time, without the supplier having to give prior notice; in any case, once the customer has placed an order for the product, it will not be subject to any price variation.
The customer can pay for the goods ordered using the payment services indicated on line at the time of purchase (see the “payment methods” section of the website).
The customer shall not owe anything more than what is indicated in the order total at the end of the purchase procedure.
The customer will be sent confirmation of the order placed, including the data of the owner, the delivery address, the purchase price, the purchase costs and any notes, via their e-mail address. The Customer is obliged to verify the correctness of the information provided and to communicate any changes in a timely manner.
2.1.
2.1. Offer to the public (ex art. 1336 c.c.) of goods not already available
This clause governs the case in which a communication is made, through the information content tools of the website www.cantinedadalt. com, a communication is made containing a definitive purchase proposal (containing, therefore, the type of goods, the quantity and the definitive price) for goods not yet materially available to the company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930. If the customer/consumer expresses in writing the desire to adhere to the purchase proposal, the proposing company checks the current availability of the exact type of goods, the quantity indicated and the price, and confirms this to the customer; subsequently, the proposing company, only after receiving the credit of the balance of the agreed consideration, proceeds with the purchase order; the timing of the delivery of the goods ordered will be anticipated and formulated in an indicative manner by the proposing company, at the time of the formulation of the purchase proposal; the delivery times may be subject to variations due to events of force majeure, unforeseeable circumstances or variables in the intensity of national and international traffic conditions that do not depend on the proposing company; the latter undertakes to provide its customers with all the necessary updates of information content, relating to delivery times; the purchase proposal may be revoked by the proposer until the formal acceptance of the customer/purchaser has been received in its sphere of knowledge; the customer may revoke the order until its own acceptance has been formally received by the proposer. The place of conclusion of the contract is the place where the server on which the offeror’s Internet site is hosted is located; the time of conclusion of the contract is the time when the acceptance reaches this server. If the offer and the acceptance have taken place through an exchange of electronic mail, the contract is concluded when the acceptance reaches the server hosting the provider providing the electronic mail service to the offeror.
2.2.1.1.
2.2 Proposal to purchase goods not included in the commercial proposal
In the event that the company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. VAT 00100120930 – is forwarded an express and detailed request to purchase a quantity and/or type of bottles that are not materially available to said company, the latter evaluates the request and, only if it decides to accept the purchase proposal, verifies the possibility of satisfying the request received from the customer; the “proposing party” means the customer who makes the request to purchase bottles not included in the commercial proposal of the aforementioned company, and the “recipient of the purchase proposal” means “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930; the latter, having previously checked the material availability of the bottles requested by the customer/proponent, informs the latter of the positive availability of the goods requested; having received formal confirmation from the customer that the order has been placed, the sale contract is concluded, the company “Cantine Da Dalt sas di Valerio Da Dalt & C”, with registered office in Udine, no. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930 – shall place the supply order detailed by the proposing party only after receiving full payment of the balance of the goods requested. The delivery times for the goods ordered shall be anticipated and formulated in an indicative manner by the proposing company, after having placed the supply order; the delivery times may be subject to variations due to events of force majeure, unforeseeable circumstances or variables in the intensity of national and international traffic conditions that do not depend on the proposing company; the proposing company undertakes to provide its customers with all the necessary updates of information content, relative to the delivery times.
DELIVERY.
The company “Cantine Da Dalt sas di Valerio Da Dalt & C, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, accepts orders only for delivery within the Italian territory, including the islands (with transport costs, indicated in the appropriate section called “shipping information”).
The express courier used for deliveries is expressly indicated on the website www.cantinedadalt.com.
The delivery costs are to be considered the responsibility of the customer and are clearly indicated when the order is placed.
The time limits for deliveries are indicated in the “delivery information” section of the website.
The delivery times are purely indicative and are indicated in a special section of the website; in fact, they may vary due to fortuitous events or force majeure, due to traffic/traffic conditions; therefore, no responsibility can be attributed to the company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, in the event of delays in the execution of the order or in the delivery of the goods ordered.
The date of delivery is understood to be the date of the first attempt by the courier to deliver the goods to the address (meaning the main entrance to the building and not the entrance to the private home), even if the attempt is unsuccessful due to the absence of the recipient or rejection of the goods; in cases of non-delivery of the goods ordered and sent, the company “Cantine Da Dalt sas di Valerio Da Dalt & C“
, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, will be entitled to reimbursement of transport costs; this reimbursement can also be made by partial reversal of the payment made by credit card.
3.1. Delivery of the goods and fulfilments
When the goods are delivered by the courier, the customer is required to check that:
– the number of packages delivered corresponds to that indicated in the transport document;
– the packaging is intact, undamaged, not wet or otherwise damaged, including the sealing materials (adhesive tape or staples). If this is not the case, the “I ACCEPT WITH RESERVE” clause must be indicated in the courier’s transport document, specifying in pen the description of the anomaly found (e.g. wet packaging, hole in the carton, dent in the carton, etc.). Otherwise, the company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, will not accept either complaints or replacement of the goods.
3.2 Problems relating to delivery
In the event of failure to collect within 5 working days the material in stock at the warehouses of the courier due to repeated inability to deliver to the address indicated by the customer at the time of the order, the goods ordered will be returned to our warehouse.
Any problems encountered with the delivery of the goods will be dealt with by the courier.
Any problems with the goods received must be reported within 5 working days of delivery: the date on the courier’s delivery note will be taken as proof.
DISAVAILABILITY OF PRODUCTS
The company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, informs customers/consumers of the state of availability of the products requested by displaying information labels with variable content that reflect the actual availability of the products on sale on its website.
RESALE OF GOODS
In implementation of Directive 2011/83/EU, art. 9, if, for any reason whatsoever, the “customer/consumer” is not satisfied with the products received, he/she has the right to withdraw from the contract within 14 (fourteen) days of receipt of the goods: this term shall come into force only for all contracts concluded after 13 June 2014; the consumer must return the goods subject to withdrawal within a further 15 (fifteen) days; the company “Cantine Da Dalt sas di Valerio Da Dalt & C, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, will refund the returned goods only upon receipt of the same, within 14 (fourteen) days from the withdrawal. The refund will also cover delivery costs; therefore, while the seller company assumes the risk of any damage to the goods that occurs during transport up to the time the purchaser takes possession of them, on the other hand, the costs relating to the return of the goods, as well as the responsibility for packaging for shipment, in returning the goods, are understood to be entirely the responsibility of the “customer/consumer”; in fact, if the company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, finds that the returned goods arrive damaged or altered, reserves the right to refuse them.
5.1 RETURN OF PRODUCTS IN THE PRESENT EVENT OF DEFECTS IN THE CUP AND/OR WINE
If, on opening the bottle purchased from the company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930 – P. IVA 00100120930, If, on opening the bottle, the company could have found a defect in the bottle or in the wine. VAT 00100120930, a defect in the cork and/or wine is found, the customer is required to formally report the circumstance to the seller within 5 (five) days of the event and to return the allegedly defective bottle(s) to the seller, still containing at least 75% of its contents; under no circumstances may the company ‘Cantine Da Dalt sas di Valerio Da Dalt & C, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, will take into consideration reports of this nature and, consequently, will evaluate the option of refunding/replacing the defective bottles with the customer if they are returned to the selling company without a quantity of wine useful to allow for counter-examination, and without the cork considered defective, suitably packaged and sent to the selling company, at the expense of the person making the report. The company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, no. 31 – 33080 – Zoppola – Pordenone – P. VAT 00100120930, having received the bottle of wine and the cork in return, after checking them at its sole discretion, if it finds the defect reported, will replace the defective product(s) with a product identical to the one purchased (if still available; if not, with a product of similar price, in agreement with the customer), and send it/them back to the customer, itself bearing the shipping costs.
PURCHASER OBLIGATIONS
“Cantine Da Dalt sas di Valerio Da Dalt & C, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, and undertakes to provide, at the latter’s discretionary request, copies of unexpired identity documents. Failure to comply with the request for documents authorises the company “Cantine Da Dalt sas di Valerio Da Dalt & C” , with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, to terminate the contract due to non-performance by the purchaser. It is expressly prohibited to make multiple registrations corresponding to the same person or to enter the data of third parties.
The company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, reserves the right to prosecute any violation or abuse, in the interest and for the protection of all consumers.
The company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. VAT 00100120930, reserves the right to approve the order only after having checked the accuracy of all the data contained therein; in the event of non-acceptance of the order, the company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, will promptly inform the customer.
The customer/consumer releases the company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the customer/consumer, since he/she is solely responsible for their correct entry.
DATA COLLECTION
The personal data requested when placing an order are collected by the company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, and processed by computer, in order to meet the obligations arising from the contract concluded with the “customer” and will not under any circumstances or for any reason be transferred to third parties.
The company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, guarantees its customers the respect of the legislation on the processing of personal data, governed by the privacy code referred to in Legislative Decree no. 196/03. The customer, at any time, has the right to withdraw consent to the processing of personal data by written notice to be sent to the registered office of the company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930.
The customer, who declares to have received the information pursuant to art. 13 and on the rights to which he/she is entitled, pursuant to art. 7 of Legislative Decree no. 196/2003, has the right to access his/her own data in the manner provided for therein. Communications for marketing purposes will be sent only with the express consent of the “customer”, given with the authorization to the processing and sending in the online registration form.
SECURITY OF TRANSACTIONS
Online Credit Card transactions are carried out directly on the Bank’s website via a secure server using the SSL protection system. This certified protocol enables communication in a manner designed to prevent the interception, modification or falsification of information. The company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, has no knowledge of the data of Credit Cards used by its customers.
9 PAYMENT METHODS
Only the following methods of payment are allowed:
9.1 Bank transfer in advance
In the case of payment by bank transfer in advance, the goods ordered will be sent only and exclusively upon actual crediting to the account of the company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, which must take place within and no later than five (5) working days from the date of acceptance of the order, after which the order will be considered automatically cancelled. The reason for the bank transfer must include the order identification, which is issued in the order confirmation email. The bank details will be sent by e-mail upon acceptance of the order.
9.2 Credit card – X-Pay circuit
In the event of purchasing goods by credit card, at the conclusion of the on-line transaction, the reference bank shall authorise only the amount of the purchase. The amount relative to the goods is debited from the Customer’s credit card at the time of the actual dispatch of the goods ordered. The credit cards accepted are all those based on the Visa, Mastercard and American Express circuits.
In case of purchase with an “American Express” credit card, it is necessary that the address of destination of the goods corresponds to the one declared at the moment of the issue of the card itself: otherwise it is necessary to contact the American Express call centre at 06-72280371 to authorise the shipment to a different address.
In case of cancellation of the order, either by the Customer or in case of non-acceptance by the company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n. 31 – 33080 – Zoppola – P. IVA 00100120930, the same will simultaneously request the cancellation of the transaction and release of the amount committed. The cancellation of the order is possible as long as the order is not yet in stock. The order status is clearly visible in the “Order Status” area and can no longer be cancelled if the indication “Order in processing” appears. The release times for certain types of cards depend exclusively on the banking system and can be up to their natural expiry date (24 days from the date of authorisation). Once the transaction has been cancelled, under no circumstances shall the company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930,
si riserva la facoltà di non accettare l’ordine.
At no time during the purchase procedure is the “Cantine Da Dalt sas di Valerio Da Dalt & C, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. VAT 00100120930, is able to know the information relating to the purchaser’s credit card, as it is typed directly on the site of the bank handling the transaction (with very high security systems); as there is no data transmission, there is no possibility of this data being intercepted. No computer file of the company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, contains or preserves such data.
In no case may the company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, be held liable for any fraudulent or illegal use of credit cards by third parties, upon payment of products purchased on the website www.cantinedadalt.com.
RESPONSIBILITIES AND LIMITATIONS
The “Customer”, in the act of using the website https://www.cantinedadalt.com assumes all responsibility and risk relating to its use and all services contained therein. The company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, assumes no responsibility for errors or omissions within said website or any website to which it may refer and link. In no event shall https://www.cantinedadalt.com, be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever including, without limitation, those resulting from loss of use, data or profits or under any theory of liability arising out of or in connection with the use, communication or transmission of this information. the information contained in this website may include technical or other inaccuracies or typographical errors; corrections are periodically made to the information contained herein; these corrections will be posted on the website https://www.cantinedadalt.com.
The company “Cantine Da Dalt sas di Valerio Da Dalt & C, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, reserves the right to make improvements and/or corrections to the website at any time; all parts of this exclusion will automatically apply to all improvements and corrections as soon as they appear on the website https://www.cantinedadalt.com.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all options, notices, services, goods and other information provided through the website https://www.cantinedadalt.com.
The company “Cantine Da Dalt sas di Valerio Da Dalt & C, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, does not guarantee that the website https://www.cantinedadalt.com. will never be interrupted, or that it will be free from errors, or that errors on the website will be corrected.
During the months of August and December, due to the heavy traffic of courier services, shipments may be delayed with respect to the scheduled delivery. In any case, the company “Cantine Da Dalt sas di Valerio Da Dalt & C, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, will not be held responsible for any delays in delivery.
The company will not be held responsible for any delays in delivery. p>The consumer and/or customer, from the moment he receives the damaged goods or asks for them to be returned to the carrier, has a direct and exclusive action against the carrier. The latter is also liable for the delay in delivery of the goods to the consignee. The company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, in such cases, must be considered exempt from any liability for loss or damage (damage) to the goods from the moment they are delivered without reserve to the carrier for transport.
In the event of damage to the package or packaging, the Customer must make reservations regarding the goods transported at the time of their return, under penalty of forfeiture.
In the event of partial loss or damage not recognisable at the time of return, the consumer and/or customer must report the damage to the carrier, under penalty of forfeiture, as soon as it is known and no later than eight days from receipt by registered letter with return receipt (art. 1698 Civil Code)
To this end, please note that all packages are packed with adhesive tape. Likewise the company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. VAT 00100120930, is not responsible for any fraudulent or illegal use that may be made by third parties, of credit cards and other means of payment, at the time of purchase of products, not being, at any time, part of the procedure.
By purchasing a product from the company “Cantine Da Dalt sas di Valerio Da Dalt & C, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, through the website www.cantinedadalt.com, any contract between the parties will be governed by Italian law. The competent court will be the Court of Pordenone. Any agreement, communication and contract between us shall be made or concluded in the Italian language.
The present Conditions of Sale do not affect in any way the other rights enshrined by law and indicated on the website www.cantinedadalt.com.
MODE OF ASSISTANCE
In the event of need, the Customer may contact the company “Cantine Da Dalt sas di Valerio Da Dalt & C”, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, using all the contact details found in the “Contact Details” section. Therefore, the company “Cantine Da Dalt sas di Valerio Da Dalt & C“, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, remains at the customer’s disposal to help him/her resolve the problems inherent in the contractual relationship concluded.
LINKS DI SITI TERZI
If there are links to third party websites within the www.cantinedadalt.com website, the company “Cantine Da Dalt sas di Valerio Da Dalt & C”, with registered office in Via Udine, n. 31 – 33080 – Zoppola – Pordenone – P. IVA 00100120930, as it is unable to exercise any control over the latter, is not responsible for the contents of such websites.