SELLING TERMS & CONDITIONS
These terms apply if you want to purchase products from us or use our website www.tastywine.it.
These terms and conditions apply to all wines, oil or other goods supplied by Apruliataste Srl (VAT Number: 02573640691) whose registered office address is at via Macinini 46, Ortona (CH), hereinafter referred to as "Supplier".
In this section you will find all the legal terms and condition governing access and use of the online store named Tastywine.it (domain reference www.tastywine.it), owned by Apruliataste Srl.
Please read these terms carefully before using the site or purchasing products from us. By using the site or by purchasing the Apruliataste Srl products you agree that you have read, understood and accept these terms.
Art. 1 Definitions
1.1. The term "on-line sales agreement" means the sales and purchase agreement for the tangible material goods of the Supplier, indicated between the latter and the purchaser on a remote sales system via telematics, organised by the Supplier.
1.2. The term "Purchaser" or “Buyer” shall mean the natural person undertaking consumer purchase, under this contract, for purposes not related to the commercial or professional activity. Diverso è l' "Acquirente impresa", che compie acquisti per conto dell'attività commerciale o professionale eventualmente svolta.
1.3. The term “Supplier” shall mean the person named in the inscription that is the subject provider of information services.
Art. 2 Subject of the contract
2.1. Under this contract, Supplier and Buyer respectively agree to sell and purchase - through remote telematic instruments - only the movable tangible goods available for sale on the website https://www.tastywine.it
2.2. The products referred to in paragraph 2.1 and their selling price are specified in the web pages of the site https://www.tastywine.it.
Art. 3 Measure of contractualisation
3.1 THE SALE OF ALCOHOL IS PROHIBITED TO MINORS.
Users of www.tastywine.it claim to be the age according to the law governing them. If there is no legislation in this regard, you have to be 21 years old. The person receiving the wine must be of legal age.
3.2. The contract between the Supplier and the consumer Purchaser is concluded exclusively through the Internet through the access of the consumer Purchaser at https://www.tastywine.it, where, following the procedures indicated, the consumer Purchaser will come to formalize the proposal for the purchase of goods the contract for the purchase of goods referred to in paragraph 2.1 of the previous article.
Art. 4 Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded through the exact filling in of the request form and the consent to the purchase expressed through the subscription sent online or by filling in the form/module attached to the online electronic catalogue at the address https://www.tastywine.it and the subsequent sending of the form/module itself, always after viewing a web page summarizing the order, printable, in which are listed the details of the ordering party and the order, the price of the goods purchased, shipping costs and any additional charges, the methods and terms of payment, the address where the goods will be delivered, the time of delivery and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the consumer Purchaser, he will send a confirmation e-mail or display a printable web page confirming and summarising the order, in which the data referred to in the previous point are also shown.
4.3. The contract is not considered to have been perfected and effective between the parties in default of what is indicated in the previous point.
Art. 5 Methods of payment and refund
5.1. Any payment by the Purchaser-consumer can only be made by means of one of the methods indicated on the appropriate web page by the Supplier.
5.2. Any refund to the Purchaser consumer will be credited by one of the methods proposed by the Supplier and chosen by the Purchaser consumer, in a timely manner and, in case of exercise of the right of withdrawal, as regulated by art. 13, point 2 and following of this contract, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal.
5.3. All communications relating to payments take place on a special line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current regulations on the protection of personal data.
Art. 6 Tempi e modalità della consegna
6.1. The Supplier will deliver the products selected and ordered, in the manner chosen by the consumer Purchaser or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point 4.2.
6.2. Shipping times may vary from the same day of the order to a maximum of 15 working days after order confirmation.
In the event that the Supplier is unable, for whatever reason, to complete the shipment within that period, but in any event within that indicated in the following point, i twill be given prompt notification to the Purchaser with an e-mail, sent to the address provided by the latter during the purchase process.
6.3. Shipping methods, times and costs are clearly indicated and well highlighted at https://www.tastywine.it.
Art. 7 Prices
7.1. All sales prices of the products displayed and indicated on the website https://www.tastywine.it are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.
7.2 The sales prices, referred to in the previous point, include VAT and any other taxes. The shipping costs and any additional charges (e.g. customs clearance), if any, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the consumer Buyer places the order and also contained in the order summary web page.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalogue.
Art. 8 Disponibilità dei prodotti
8.1. The Supplier provides through the computerized system used, the processing and fulfillment of the orders without delay and in any case within the time specified in Art. 6, paragraph 1.
8.2. If an order exceeds the quantity available, the Supplier will notify the Purchaser by e-mail if the article can no longer be ordered or indicate the expected waiting time to receive the selected goods, asking the Buyer whether he intends to confirm the order or not.
8.3. The Supplier’s IT system will confirm the order registration as soon as possible by sending the Purchaser a summary e-mail, in accordance with point 4.2.
Art. 9 Limitations of Liability
9.1. The Supplier does not take any responsibility further to inefficiency for reasons beyond its control in any shape or nature, in the event that it cannot enforce the contract within the established time-lapse.
9.2. The Supplier shall not be liable to the Purchaser, except in cases of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of its control or its sub-contractors.
9.3. The Supplier shall not be responsible for damages, losses or costs suffered by the Purchaser after the failed execution of the contract for reasons not attributable to the Supplier. The Purchaser shall only have the right to the reimbursement of the price and accessory charges already paid.
9.4. Supplier shall not be held liable for any fraudulent or illegal use - by unauthorized third parties - of credit cards upon payment of the purchased products, provided Buyer is able to prove that all possible precautionary measures were taken according to the standards of ordinary diligence.
9.5. In no event shall the Purchaser be liable for delays or mistakes in the payment if he proves that he executed the payment on time and in the manner specified by the Supplier.
Art. 10 Liability for defect, proof of damage and refundable damages: the Supplier's obligations
10.1. According to articles 114 and following of the Consumer Code, the Supplier is responsible for the damage caused by defects in the goods sold if he fails to communicate to the Damaged Party, within 3 months from the request, the identity and domicile of the producer or the person who supplied him with the goods.
10.2. The aforesaid request, by the Damaged Party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer in view of the product, if still existing.
10.3. The Supplier cannot be held liable for the consequences of a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding measure, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
10.4. No compensation shall be due if the Damaged Party has been aware of the defect of the product and the resulting danger and has nevertheless voluntarily exposed himself/herself to it.
10.5. In any case, the Damaged Party must prove the defect, the damage, and the causal connection between defect and damage.
10.6. The Damaged Party may claim compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the Damaged Party.
10.7. The damage to property referred to in art. 123 of the Consumer Code will, however, only be refundable to the extent that it exceeds the sum of three hundred and eighty-seven euros (€ 387).
Art. 11 Warranties and assistance arrangements (when applicable)
11.1. The Supplier shall be liable for any lack of conformity that becomes apparent within 2 years from the delivery of the goods.
11.2. For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: (b) they conform to the description made by the Seller and possess the qualities of the goods which the Seller has presented to the Consumer as a sample or model; c) they have the quality and usual performance of goods of the same type, which the Consumer can reasonably expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made in this respect by the Seller, the producer or his agent or representative, in particular in the advertising or on the labelling; d) they are also suitable for the particular use intended by the Consumer and brought to the knowledge of the Seller at the time of the conclusion of the contract and which the Seller has also accepted for conclusive facts.
11.3. The consumer Buyer forfeits all rights if he does not report the lack of conformity to the Seller within 2 months from the date on which the defect was discovered. The complaint is not necessary if the Seller has acknowledged the existence of the defect or has hidden it.
11.4. In any case, unless proved otherwise, it shall be presumed that defects of conformity which become apparent within 6 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.
11.5. In case of lack of conformity, the Purchaser-consumer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by registered letter with return receipt, to the Supplier, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within 7 working days of receipt. In the same communication, if the Supplier has accepted the Purchaser's request, he will have to indicate the shipping or return of the goods as well as the deadline for the return or replacement of the defective goods.
11.7. If the repair and replacement is impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the term referred to in the previous point or, finally, the replacement or repair previously carried out has caused considerable inconvenience to the Purchaser consumer, he may ask, at his choice, for an appropriate price reduction or termination of the contract. In this case, the Purchaser-consumer must send his request to the Supplier, who will indicate his willingness to carry it out, or the reasons preventing him from doing so, within 7 working days of receipt.
11.8. In the same communication, if the Supplier has accepted the Purchaser consumer's request, he must indicate the reduction of the proposed price or the method of returning the defective goods. In such cases, it will be the Purchaser's responsibility to indicate how the sums previously paid to the Supplier can be re-credited.
Art. 12 Obligations of the Consumer Buyer
12.1. The consumer Buyer undertakes to pay the price of the goods purchased in the time and manner indicated in the contract.
12.2. The consumer Buyer undertakes, once the online purchase procedure has been completed, to print and preserve this contract.
12.3. The information contained in this contract has, however, already been viewed and accepted by the consumer Buyer, who acknowledges it, as this step is made mandatory prior to confirmation of purchase.
Art. 13 Right of withdrawal
13.1. The consumer Buyer has in any case the right to withdraw from the contract stipulated, without penalty and without specifying the reason, within 14 (fourteen) working days from the day of receipt of the goods purchased.
13.2. In the event the consumer Buyer decides to exercise the right of withdrawal, he must notify the Seller by registered letter with return receipt to Via Camillo Tutini 13, 80136 Napoli (NA) or by e-mail to email@example.com provided that these communications are confirmed by sending a registered letter with return receipt to Via Camillo Tutini 13, 80136 Napoli (NA) within the following 48 (forty-eight) hours. The Parties shall be deemed authentic by the postmark affixed by the post office on the receipt issued. For the purposes of exercising the right of withdrawal, the sending of the communication may be validly replaced by the return of the purchased goods, provided that the same terms are respected. The date of delivery to the post office or to the forwarding agent shall be considered as the date of delivery between the Parties.
13.4. The return of the goods must in any case take place at the latest within 30 (thirty) days from the date of receipt of the goods. In any case, in order to be entitled to a full refund of the price paid, the goods must be returned intact and in normal condition. The shipping costs for the return of the goods will be borne by the consumer Buyer.
13.5. The Purchaser consumer can not exercise this right of withdrawal for contracts for the purchase of sealed products, which have been opened by the same, as well as goods made to measure or clearly personalized or which, by their nature, can not be returned or are liable to deteriorate or expire rapidly, as well as goods whose price is linked to fluctuations in financial market rates that the Seller is unable to control and in any other case provided for in Article 55 of the Consumer Code.
13.6. The only expenses due by the Consumer for the exercise of the right of withdrawal under this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to bear them.
13.7. The Supplier will refund the entire amount paid by the Purchaser consumer free of charge within 30 (thirty) days of receipt of the withdrawal notice.
13.8. With the receipt of the communication with which the Purchaser consumer communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
Art. 14 Causes of resolution
14.1. The obligations referred to in point 12.1, assumed by the consumer Purchaser, as well as the guarantee of the successful completion of the payment that the consumer Purchaser makes with the means referred to in point 5.1, and also the exact fulfilment of the obligations assumed by the Supplier in point 6, are essential, so that, by express agreement, the non-fulfilment of only one of these obligations, if not determined by chance or force majeure, will result in the termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial decision.
Art. 15 Protection of confidentiality and processing of consumer Buyer's data
15.1. The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy regulations of EU Regulation 2016/679 or GDPR.
15.2. The personal and fiscal data acquired directly and/or through third parties by the Supplier M&M Biotech S.c.a.r.l., owner of the treatment, are collected and processed in paper, computer, telematic form, in relation to the methods of treatment with the purpose of registering the order and activate the procedures for the execution of this contract and the necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of business relationships to the extent necessary to better perform the service requested
15.3. The Supplier undertakes to treat the data and information transmitted by the Purchaser-consumer with confidentiality and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be produced at the request of the judicial authorities or other authorities authorized by law.
15.4. The personal data will be communicated, after signing a commitment of confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the contract stipulated and communicated exclusively for this purpose.
15.5. The communication of personal data by the Purchaser consumer is a necessary condition for the correct and timely execution of this contract. Failing this, the Purchaser-consumer's request cannot be processed.
15.6. In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal will in any case take place in a secure manner.
15.7. The Data Controller of the collection and processing of personal data is the Supplier, to whom the Purchaser-consumer may address any request at the company headquarters
15.8. Anything that may reach the Supplier's mail address (including electronic mail) (requests, suggestions, ideas, information, materials, etc.) shall not be considered information or data of a confidential nature, shall not violate the rights of others and shall contain valid information that does not violate the rights of others and is truthful; in any case, the Supplier cannot be attributed any responsibility for the content of the messages themselves.
15.9 Everything that would be sent to our e-mail addresses (orders, requests, suggestions, ideas, information, etc.) will not be considered confidential information or data.
Art. 16 -Storage of the contract
16.1 In accordance with the art. 12 of lgs.d. 70/2003, the Supplier informs the Buyer that every sent order is preserved in digital/paper form on the server/c/o Supplier head office in accordance with privacy and safety criteria.
Art. 17 Communication and Complaints
17.1. All direct written communication to the Supplier and any claims will be only be taken into consideration if sent to the following address: APRULIATASTE SRLS VIA MACININI 46, 66026 ORTONA (CH), or sent by e-mail to firstname.lastname@example.org.
The Buyer the registration form its residence or domicile, phone number and e-mail address where it wish to receive the communications from the Supplier.
Art. 18 Dispute settlement
18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Chieti-Pescara and resolved in accordance with the Conciliation Rules adopted by the same.