Terms and conditions
1. Introduction and effectiveness of the General Conditions
These general conditions of sale (hereinafter, “General Conditions”) have as their object the regulation of the purchase of products and services, carried out remotely and made available, via the internet, from the website teneramasciangelo.com (hereinafter, the “Site”) in compliance with Italian legislation pursuant to Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, “Consumer Code”).
The seller of the products and owner of the Site is: TM Tenuta Masciangelo Soc.Agr. Srl with registered office in C.da San’Elena, 10 – 66023 – Francavilla al Mare (CH). Registered in the Chieti Company Register, REA Number: CH-188670 – Email address shop@tenutamasciangelo.com
The consumer who accesses the Site to make purchases (hereinafter “Customer”) is required, before sending the order, to carefully read these General Conditions which have been made available to him on the Site and which will be available for consultation at any time. by the Customer also through the link contained in the confirmation email of each order to allow its reproduction and storage.
In the event that the person making purchases on the Site requests the issuing of an invoice and/or in any case is not a “consumer or user” as defined in the art. 3, paragraph 1, letter. a), of the Consumer Code, the withdrawal regulations referred to in the art. will not apply. 7 and 8 of these General Conditions nor, more generally, the provisions which pursuant to the same Consumer Code apply only to “consumers”.
The contracts concluded with Tenuta Masciangelo through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.
2. Choose and order the Products
The characteristics and prices of the various products on sale on the Site (hereinafter “Product” or “Products”) are shown on the page relating to each Product.
To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions contained in the Site. The Customer must add the Product to the “Cart” and, after having read the General Conditions and the Policy of Privacy and confirmed their acceptance, you will have to enter the shipping and possible invoicing data, select the desired payment method and confirm the order.
By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these transcribed General and Payment Conditions.
The contract stipulated between Tenuta Masciangelo and the Customer must be considered concluded with the acceptance of the order by Tenuta Masciangelo. This acceptance is communicated to the Customer through an order confirmation email containing a reference to these General Conditions, the order number, shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs. Once the contract is concluded, Tenuta Masciangelo will take charge of the purchase order and the buyer will be able to view the orders placed by accessing his profile and consulting the appropriate section.
Once the order has been received, Tenuta Masciangelo will check the availability of stocks to fulfill the order itself. In the event that one or more Products are not available, Tenuta Masciangelo Customer Service will send a timely communication via email to the Customer who, within the following 12 hours, will have the right to respond to confirm the shipment of any additional available Products or cancel it. In the event of no response within this period, the order will be considered confirmed and the available Products will be shipped. In this case, the entire amount relating to the missing Products will be reversed or in any case, depending on the payment method chosen, will not be debited to the Customer.
3. Product Information
The information and characteristics relating to the Products are available on the Site.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the descriptive sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality but may differ in color and size. In the event of a difference between the image and the written product sheet, the description on the product sheet always prevails.
4. Prices and shipping
There is no minimum order to make purchases on the Site. Product prices include all taxes and duties. All prices are expressed in Euros.
Shipments to Italy:
The shipping fee is €9.00 throughout the country.
Shipping is free throughout the country with a minimum spend of €60.00.
5. Payment and invoicing methods
5.1 Payment methods
The Customer will be able to pay the price of the Products and the related delivery costs by Credit Card, PayPal, Prepaid Cards.
The circuits on which it is possible to purchase within the Site are: Visa / Visa ElectronMastercard / MaestroAmerican Express
Stripe
Gpay
Apple Pay
The Site does not store the Customer’s credit card number, any type of supplement will not be charged when paying by credit card.
PayPal
Once the order has been confirmed, the Customer will be redirected to the PayPal site where he can make the payment with his account or using a card, including a prepaid one, or in any case according to the methods accepted by Paypal and in compliance with the relevant conditions.
5.2 Invoicing of orders
If the purchase is made by a professional or a company, it will be possible to request an invoice by selecting the appropriate box during the order procedure and entering the billing data including tax code and/or VAT number. In this case the invoice will be sent via email to the address indicated. The professional is responsible for the correct insertion of the billing data and is expressly informed that, in case of failure to request the invoice during the order phase, it will not be possible to request it subsequently.
6. Transport and Delivery
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate field.
All purchases will be delivered by express courier (hereinafter, “Courier”) from Monday to Friday, excluding holidays and national holidays. Tenuta Masciangelo is not responsible for delays that are not foreseeable or cannot be attributed to it.
Once the Products have been shipped, the Customer will receive a confirmation email which will include a link to refer to for shipment tracking.
In any case, except in cases of force majeure or unforeseeable circumstances, the ordered Products will be delivered within 7 (seven) working days starting from the day following the day on which Tenuta Masciangelo confirmed the order to the Customer via specific email order confirmation. The aforementioned deadline of 7 working days applies for shipments to Italy.
7. Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, without prejudice to the cases of exclusion provided for in point IV below. To exercise this right, the Customer must send Tenuta Masciangelo a communication within 14 days from the date of receipt of the Products. If he intends to exercise the withdrawal before receiving the Products, the withdrawal communication can be sent at any time before their receipt. .
This communication must be sent by registered letter with return receipt, addressed to:
Tenuta Masciangelo Soc. Agr. Ltd
C.da San’Elena, 10 – 66023 – Francavilla al Mare (CH)
Once the communication has been received, Tenuta Masciangelo’s Customer Service will open a file for the management of the return and communicate to the Customer the instructions on how to return the Products, which will take place via courier indicated by Tenuta Masciangelo itself.
The right of withdrawal is governed by the following conditions:
I. The right applies to the Product purchased in its entirety; therefore if the Product is made up of multiple components or parts it is not possible to exercise the withdrawal only on part of the purchased Product.
II. In case of exercise of the right of withdrawal, Tenuta Masciangelo will reimburse the customer the entire amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the withdrawal notice was received, without prejudice to Tenuta’s right Masciangelo to suspend payment of the refund until actual receipt of the goods. The refund will be made using the same payment method used by the Customer, unless the Customer has expressly requested a different method. In the case of a bank transfer, it will be the Customer’s responsibility to provide the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
III. Also in order to guarantee free returns pursuant to article 8 below, the Products must be returned in the same box in which they were received.
IV. In addition to the cases indicated in the Introduction (customer who is not a consumer and/or who requests an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 Legislative Decree 21/2014:
– Order of Products made to measure or clearly personalized;
– Order of sealed Products that are not suitable for return for hygienic reasons or related to health protection or which have been opened after delivery;
– Product damaged for reasons other than its transport.
In cases where the right of withdrawal is excluded, Tenuta Masciangelo will return the purchased Products to the Customer, charging the shipping costs to the Customer.
8. Free returns in case of exercising the right of withdrawal
As a more favorable condition for the Customer, Tenuta Masciangelo holds the shipping costs for returning the Products in full in the event of exercising the right of withdrawal.
In order to benefit from this free shipping, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in the previous article 7 and wait to be contacted by Tenuta Masciangelo to arrange the return of the Products to the courier.
9. Warranty and Defects of conformity
In the event of defects in conformity of Products sold by Tenuta Masciangelo, the Customer must immediately contact Customer Service using the appropriate contact form.
The legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and provided that the type of Product allows it, to restore, without charge, the conformity of the Product through repair or replacement, or to an adequate reduction in the price or to the termination of the contract. The Customer loses these rights if he does not report the lack of conformity to Tenuta Masciangelo within two months from the date on which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiry in a shorter period, in which case the defect must be reported within this reduced period.
10. Errors and limitations of liability
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which Tenuta Masciangelo cannot therefore be considered responsible, except in the case of fraud or gross negligence.
Tenuta Masciangelo reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior communication, without prejudice to the Customer’s rights under these Conditions Generali and the Consumer Code.
Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or recognition of compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to people and/or things, caused by non-acceptance or evasion, even partial. , of an order.
Tenuta Masciangelo promotes the responsible consumption of alcohol and excludes any liability at its own expense, except for malice or gross negligence, in the case of purchases made by children under 16 years of age.
11. Complaints
Any complaint must be forwarded to Tenuta Masciangelo using the appropriate contact form, or by registered letter with return receipt to the following address:
Tenuta Masciangelo Soc. Agr. Ltd.
C.da San’Elena, 10 – 66023 – Francavilla al Mare (CH)
Tenuta Masciangelo undertakes to respond to all requests received within a maximum of 7 working days.
12. Applicable law and competent court
The sales contract between the Customer and Tenuta Masciangelo is understood to be concluded in Italy and regulated by Italian law. For the resolution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his municipality of residence or of domicile if located in Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Chieti, any other competent court excluded.
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Pursuant to Article 1341 of the Civil Code. the Customer declares to have read and specifically accept the following articles of these General Conditions: 6 (liability for delays in delivery), 10 (right to correct errors – exclusions of liability).