Online Terms and Conditions of Sale
Art. 1 – Definitions and object of the contract
These general conditions of sale regulate the remote marketing of the products and goods listed on the website www.famigliafebo.it (“Site”) owned by Azienda Agricola Febo Davide Via Montinope, 15 – 65010 Spoltore (PE), p. IVA 02206920684, telephone number +39 328 087 4577 or +39 331 285 8317, e-mail: email@example.com and PEC firstname.lastname@example.org
The contractual counterparty of Azienda Agricola Febo Davide is the Customer, whether he is a “Consumer” or a “Professional”, depending on whether he acts for extraneous purposes or in the exercise of an entrepreneurial, commercial, craft or professional activity. The following provisions apply equally to both, without prejudice to the express reservation only for Consumer Customers.
The reference legislation for the contracts concluded by Azienda Agricola Febo Davide with the Consumer Customer is that dictated by the so-called Consumer Code (Legislative Decree 6 September 2005, n. 206), specifically in sections II (articles 50 to 61 ), III (articles 62 and 63) and IV (articles 64 to 67).
The general conditions of sale as regulated below may be modified by Azienda Agricola Febo Davide at any time and without notice. The validity and effectiveness of such modifications, however, will be conditioned upon their publication on the website www.famigliafebo.it
The object of the contract concluded between Azienda Agricola Febo Davide and the Customer are, primarily, the alcoholic products referred to in the ALCOHOL TABLE TA20. The Customer, therefore, for such products, must declare and prove, where required, that he is of age or otherwise authorized to purchase and receive them according to the law of the place where they must be delivered.
Art. 2 – Methods of purchase and acceptance of the general conditions of sale
The purchase of Febo Davide farm products takes place by sending and accepting orders.
The Customer can only purchase the goods present in the catalog of the Site at the time of placing the order and at the prices and quantities indicated therein.
For purchases of bottles of wine, the minimum quantity is equal to n. 6 (six) bottles.
Sending the order implies full knowledge and acceptance of these general conditions of sale by the customer.
The contract is to be considered concluded when the following steps occur:
- Azienda Agricola Febo Davide receives the purchase order from the Customer;
- Azienda Agricola Febo Davide sends the confirmation of the order made by the same to the e-mail address indicated by the customer.
The unit cost of each selected product and the total amount in case of purchase of multiple products will be indicated in the order confirmation. The acceptance of the order can always be refused, even partially, by Azienda Agricola Febo Davide , which, in such cases, will have no obligation of indemnity or compensation towards the Customer.
It is also understood that the images of the products on the site have the sole purpose of presenting them for sale, without any guarantee or commitment by Azienda Agricola Febo Davide regarding the exact correspondence with the real product.
Art. 3 – Prices and availability of products
The prices of the products marketed are inclusive of VAT only.
The Customer acknowledges that, due to the possibility of multiple simultaneous accesses by users to the site, the products may not be available. The fulfillment of orders, therefore, will take place only when the products are fully available. At the express request of the customer, however, Azienda Agricola Febo Davide may proceed with the partial order fulfillment. In this case, the Customer will have to bear the shipping costs for each single delivery.
Azienda Agricola Febo Davide does not undertake any commitment, nor can it guarantee the certainty of immediate delivery of the products purchased and indicated as available on the site and cannot be held responsible for any delays in delivery.
Art. 4 – Methods of payment
At the time of conclusion of the contract, the Customer can choose whether to pay for the products purchased by credit card or bank transfer or cash on delivery.
The credit cards accepted are those of the VISA and MASTERCARD circuits
The bank transfer must necessarily take place on the following coordinates:
Febo Davide Farm
The choice of payment by bank transfer involves the fulfillment of the order only after the effective receipt by Azienda Agricola Febo Davide of the amount due. The bank transfer must be made by the Customer within 3 (three) working days from the confirmation of the order, under penalty of its cancellation.
The purpose of the transfer must include the order number and the customer’s personal details. The payment method, once chosen, can no longer be changed.
Cash on delivery is not allowed.
Art. 5 – Shipping methods, terms and risks
The shipment of the purchased products will take place at the address indicated by the Customer (exclusively within national borders) by SDA Italia courier or similar, within three working days following the confirmation of payment of the order.
All product deliveries are at the risk of Azienda Agricola Febo Davide until the moment of delivery to the shipper, carrier or other agent in charge of delivery.
No responsibility, for any reason, can be charged by the Customer to Azienda Agricola Febo Davide in case of delay in the order or delivery of the products covered by the contract. Cases of force majeure, unavailability of means of transport, as well as unforeseeable or inevitable events that cause a delay in deliveries or make deliveries difficult or impossible or that cause a significant increase in the delivery cost charged to Azienda Agricola Febo Davide will give the right to the same. of:
- split and / or postpone the expected delivery;
- cancel, in whole or in part, the expected delivery;
- even partially terminate the contract.
Azienda Agricola Febo Davide will provide timely and adequate communication of its decisions to the e-mail address indicated by the Customer and the latter, in the hypothesis referred to in letter c), will be entitled to a refund, depending on the total or partial case, of the price possibly already paid, excluding any further claim for indemnity and / or compensation.
Art. 6 – Delivery costs
Shipping and delivery costs are already included in the price.
The delivery of the products is intended on the street level. In order to carry out the delivery, the presence of the Customer or his representative is always required in the place indicated by the same and on the day of expected delivery. In case of absence of the Customer (or one of his representatives), the courier will leave a second delivery notice for the next working day and a telephone number in order to agree on a different delivery date.
In the absence of communications from the recipient, the shipment will go into storage and may be collected at the shipper’s warehouse or in another place provided by the same for a period of 15 (fifteen) days after which the goods will be returned to Azienda Agricola Febo Davide In. such hypotheses, Azienda Agricola Febo Davide will have no obligation to reimburse the Customer the amount paid in advance on the order, meaning this by expressly waived, and will be able to charge the costs for the management of the stock and the return to the sender, which will be promptly specified to the Customer.
Art. 7 – Verification of the goods
Upon delivery of the goods by the courier, the Customer is required to verify that the number of packages delivered corresponds to what is indicated in the transport document and that the packages are intact, not damaged and in any case not altered, even in the closing materials, carefully checking the presence of any signs that indicate the breakage of the goods such as, merely indicative and not exhaustive, the leakage of liquids and / or the presence of humidity on the packaging.
Any damage to the packaging and / or products and / or the mismatch in the number of packages and / or indications must be immediately contested by the Customer, adding the words “goods accepted subject to the following anomaly found: ……….” on the courier’s delivery receipt. Furthermore, the Customer, under penalty of forfeiture, undertakes to promptly communicate, and in any case no later than 8 (eight) days from the date of delivery, to Azienda Agricola Febo Davide any and all objection concerning physical integrity, correspondence or the completeness of the products received. The report must be made by registered letter with return receipt and must be accompanied by at least one photo of the product and its packaging.
Art. 8 – Invoicing
Azienda Agricola Febo Davide will issue a regular non-fiscal receipt for the products purchased by the Customer.
In the event that the Professional Client requests the accompanying invoice, he must also indicate the VAT number. No changes will be allowed in the invoice after its issue. The Customer, therefore, is responsible for the correctness of the information provided when placing the order
Art. 9 – Limitation of liability
The Customer exempts Azienda Agricola Febo Davide from any and all contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance, even partial, of an order.
Azienda Agricola Febo Davide is not liable for damages, even to third parties, which may be caused as a result of his own slight negligence.
Except for cases of willful misconduct and gross negligence, Azienda Agricola Febo Davide cannot be called to answer, for any reason or title, for sums exceeding those paid by the Customer in execution of the contract.
It is also expressly excluded any guarantee for any defects in the products sold resulting from poor conservation of the same by the Customer. In this regard, the Customer acknowledges that the products marketed by Azienda Agricola Febo Davide must be kept in conditions suitable for their nature. In the case of wine, however, the bottles that contain it must preferably be left in a horizontal position, in environments with poor lighting and at a constant temperature never higher than 25 ° C, since its characteristics and in particular the volatile components may otherwise be compromised , which can irreparably deteriorate.
Art. 10 – Exercise of the right of withdrawal
The Consumer Customer has the right to withdraw from the product purchase contract without any penalty within 14 (fourteen) working days from receipt of the goods and upon written communication to be sent by registered mail (or by e-mail, fax or telegram provided that followed by a registered letter with acknowledgment of receipt within the following forty-eight hours) to Azienda Agricola Febo Davide
It is not allowed to change the single bottle of wine or several bottles of wine or another chosen product with other packages at no additional cost.
In the communication, the Consumer Customer must indicate the product or products for which he intends to exercise the right of withdrawal, the order number and the date of the order, the invoice number and his IBAN code. After that, you can return the goods subject to withdrawal.
The right of withdrawal, in addition to compliance with the above, is understood to be exercised correctly if the following conditions are fully met:
- the purchased products are substantially intact;
- the products are returned in their original packaging;
- the products are sent in a single shipment;
- the products have not been used or damaged.
The costs for returning the products will be borne by the Consumer Customer, including liability in case of loss or damage to the products.
Having verified the integrity of the returned product and its compliance with the order, Azienda Agricola Febo Davide will reimburse the Consumer Customer, by bank transfer, the sums collected in the shortest possible time and, in any case, within 15 (fifteen) days from the date on which the return took place.
Failure to comply with the conditions and methods of exercising the right of withdrawal as provided above will not give rise to any refund, the contract remaining perfectly valid and effective.
The right of withdrawal is reserved only for natural persons, previously defined as “consumers”. The professional customer is therefore excluded from the right to exercise the right of withdrawal.
Art. 11 – Industrial and intellectual property
The contents of the Site are protected and protected by current laws on copyright and industrial property. Any and all extrapolation and re-use of what is present on the Site is prohibited, except with the express authorization of Azienda Agricola Febo Davide.In particular, by way of example but not limited to, the extraction and reuse of: texts, photographs, films , databases, reproductions, drawings and any graphic representation present both on the labels and on the packaging.
The Customer is also informed that trademarks, domain names, company names, companies and brands of third parties with which Azienda Agricola Febo Davide has commercial collaboration relationships can be found on the Site . They have the same protection accorded to the distinctive signs of Azienda Agricola Febo Davide by the applicable regulations in force.
Art. 12 – Treatment of personal data
Azienda Agricola Febo Davide will process the personal data provided by the Customer for the online purchase of the products, in compliance with the legislation on the protection of personal data (Code regarding the protection of personal data – DLvo n. and subsequent amendments) and mainly in electronic form. The treatment will concern the operations, or the set of operations (such as, by way of example only: collection, registration, organization, storage, processing, communication, modification, selection, use, cancellation, destruction) concerning the personal data provided by the Customer when completing and sending the purchase order online.
The treatment can be carried out:
- to fulfill tax and accounting obligations or other legal obligations;
- for the management and execution of the contract as well as for the fulfillment of the obligations deriving from and connected to the contract, such as, by way of example and not limited to, the execution of transport services.
With respect to the purposes referred to in points 1) and 2), the provision of data, although optional, is necessary for the execution of the online shopping service and any refusal to supply them determines the impossibility for Azienda Agricola Febo Davide to provide the same. To carry out the treatments referred to in points 1) and 2) above, it is not necessary to acquire the Customer’s consent.
For the correct performance of the aforementioned activities, access to data will be mainly made by those who operate as data processors of Azienda Agricola Febo Davide for the purposes indicated above as well as for those connected to institutional tasks (eg IT service providers, data entry, transport and delivery).
The data controller is Febo Davide Agricultural Company
In relation to the data processed, the Customer has the right at any time to exercise the rights recognized by art. 7 of Legislative Decree no. 196/2003 and, in particular, to obtain a copy of the data processed, to request its updating or rectification or integration or cancellation as well as its transformation into anonymous form or blocking for processing in violation of the law and, finally, to oppose the processing for legitimate reasons.
To exercise these rights, the Customer can write to Azienda Agricola Febo Davide at the registered office of Montinope 15 – 65010 Spoltore (PE), for the attention of the Data Processing Manager.
Art. 13 – Jurisdiction and competent court
The sales contract between the customer and Febo Davide Farm must be considered concluded in Italy and governed by Italian law.
Any dispute that may arise regarding the application, execution, interpretation and violation of the contract will be the exclusive competence of the Court of Pescara.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Customer declares to specifically accept the clauses referred to in these General Sales Conditions referring to: Art. 2 – Methods of purchase and acceptance of the general conditions of sale; Art. 3 – Prices and availability of products; Art. 5 – Shipping methods, terms and risks; Art. 6 – Delivery costs; Art. 7 – Verification of the goods; Art. 9 – Limitation of liability; Art. 10 – Exercise of the right of withdrawal; Art. 13 – Jurisdiction and competent court.