1 GENERAL INFORMATION
1.1 The following General Terms and Conditions (hereinafter GTCs) govern the relationship between the “Mailing List Customers” (hereinafter “Mailing List Customers” or simply “Customers”) and the Company Monteverro Srl Società Agricola, domiciled in Strada Aurelia Capalbio, 11, 58011 Capalbio (GR), Italy, VAT ID No. 04032300966 (hereinafter “Monteverro” or “the Supplier”), Owner of the Website www.monteverro.com (hereinafter “the Website”) for the purchase and delivery of products (“the Products”) offered to the aforementioned Mailing List Customers.
1.2 Customers are natural or legal persons, who are not acting in the context of their business or professional activity and are subscribed to Monteverro’s Mailing List or have requested such a subscription.
1.3 The GTCs are published on the Site in a form that makes it possible to store, reproduce and print them. Any changes made to the GTCs are effective as of the date of their publication on the Website and will be applicable to all sales and contracts concluded from that date on.
1.4 Contracts concluded between the Supplier and the Customer through the Website are governed by Italian law, in particular by Legislative Decree no. 206 of September 6, 2005 (Consumer Code), as well as by any further applicable laws on distance selling.
1.5 Products may be purchased solely by adults with capacity to act. Every Customer also specifically undertakes to meet any additional statutory legal age limit requirements in his country or any other legal requirement for the purchase of wines, liqueurs and alcoholic substances. In the event of violation, Monteverro reserves the right to terminate the contract without notice as permitted by law. Monteverro assumes no liability for damages caused by failure to comply with the provisions of this Art. 1.5.
2 CONCLUSION OF CONTRACT
2.1 Monteverro will publish or advise Customers of the list of Products offered, along with the sales price.
2.2 However, the delivery of the offered products is conditional to their availability. The Supplier reserves the right to change the amount and/or type of goods at any time and to change the graphic design and/or labels of the Products from the depictions on the Website or in the Company’s own Newsletter.
2.3 Monteverro’s offers – irrespective of how they are communicated, promoted or publicized – constitute the Supplier’s non-binding invitation to the Customer to submit an offer and must be understood as such (invitatio ad offerendum).
2.4 Every Customer is entitled to submit a binding and irrevocable purchase offer (“Order”) for one or more Products by accessing a section of the Website reserved for the Mailing List Customers (hereinafter “Area Riservata”) and by adhering to the purchase process described there, which is an essential aspect of the GTCs.
2.5 The Customer shall select the Product/Products he intends to purchase and shall specify the location and address for the delivery in accordance with the process stipulated in the Area Riservata.
2.6 In order to complete the order, the Customer is obliged to acknowledge all instructions provided during the purchase process, to accept not only the GTCs but also the specifically related clauses per Articles 1341 und 1342 of the Italian Civil Code in their entirety.
2.7 By clicking the button “Finish Order” on the Website www.monteverro.com, the Customer submits his binding order for the purchase of the goods in his virtual shopping basket for the total price (pursuant to Art. 4.2 below) indicated in the Mailing List Area. The Customer’s offer is binding and irrevocable for the duration of 15 working days (hereinafter “Term of Irrevocability”).
2.8 The receipt of the purchase offer will be confirmed to the Customer by email. Confirmation of receipt does not constitute acceptance of the order. The purchase contract (hereinafter “Purchase Contract”) will be considered concluded when the Customer receives a separate order confirmation from the Supplier (hereinafter “Order Confirmation”) within the Term of Irrevocability (15 working days from submission of the order), in accordance with the relevant laws in effect, and in particular in accordance with the provisions of Art. 51, paragraph 7 of the Consumer Code.
2.9 It is understood that Monteverro has the right not to accept an order, without this giving rise to any contractual, non-contractual or pre-contractual claim for indemnification or compensation by the Customer or any form of liability for direct or indirect damages.
2.10 At the Customer’s request the Supplier shall issue, together with the Order Confirmation, an invoice for the dispatched goods, sent by email or post in accordance with Presidential Decree 445/2000 and Decree Law 52/2004. The invoice will use the information the Customer provided in the order. Amendments to the invoice are not possible after the invoice has been issued.
2.11 The orders will be archived in the Supplier’s database in accordance with European Regulation no. 2016/679.
3 CUSTOMER OBLIGATIONS
As soon as the online purchase procedure has been completed, the Customer must print out and keep a copy of the current General Terms and Conditions, the content of which he has acknowledged and accepted as an essential step in making the purchase. The Purchaser is absolutely prohibited from providing false and/or fabricated and/or fictitious data during the registration process required to conclude and execute the purchase contracts governed by these GTCs and the relative communications. The personal data and email address must be exclusively the Customer’s own personal details and not the data of any third party or fictitious data. Double registrations for only one individual or the entering of third party data are expressly forbidden. The Supplier reserves the right to take legal action against any abuse or infringement, in order to protect all consumers.
4.1 The prices of the Products are in € (euros).
4.2 The indicated price for Products which are dispatched within the European Union and Switzerland and Liechtenstein includes packaging costs, VAT, and country-specific taxes and duties. For non-EU countries (excluding Switzerland and Liechtenstein) net prices are provided, which entail additional country-specific costs, import taxes, customs duties, excise taxes and similar costs.
Within the European Union and for Switzerland and Liechtenstein the additional listed shipping costs apply; for non-EU countries (excluding Switzerland and Liechtenstein) these will be indicated upon request. The provisions of Art. 6, paragraphs 2-4 below, will continue to be applicable.
4.3 The Supplier regularly checks the accuracy of all price indications, but cannot guarantee that they are free from error. Should an error regarding the price of the Product be determined, the Supplier will give the Customer the option to confirm the purchase of the Products at the correct price or to cancel the Purchase Order.
5 PAYMENT OPTIONS
Payment of the purchase price is by bank transfer or credit card. The cost of the Products contemplated in the order will only be charged to the Customer at the time the Order Confirmation is sent.
Payment will be considered made when Monteverro collects the amount.
6.1 For security reasons, the signature of an adult at least 18 years old or a person with capacity to act in the country of delivery is required at the time of delivery. For the goods to be delivered, the Customer or his representative must be present at the destination address.
6.2 Monteverro delivers within the European Union. Deliveries to non-EU countries will be made only with Monteverro’s prior express consent.
6.3 Shipping costs are charged to the Customer and are clearly marked in the order form. These can vary according to the type of shipping and destination. Shipments outside the European Union may be subject to import taxes and duties. These charges, which are determined at the time the Product enters the country of destination, are borne by the recipient and are not included in the total amount for the order, subject to the provisions of Article 4 above. The Customer is responsible for paying import taxes or duties or other levies charged in his country of residence.
6.4 If a delivery cannot be made due to an incomplete or faulty address, Monteverro has the right to charge the costs incurred for a new delivery.
7 TRANSFER OF RISK
The risk of loss or accidental deterioration of the Products transfers to the Customer upon delivery of the Products. The same applies when the Customer is late in accepting the goods or refuses delivery of the Products.
8 RIGHT OF WITHDRAWAL
8.1 Except as provided below, the Customer has the right to withdraw from the purchase contract without penalty and is not required to specify any reason. In order to exercise his right of withdrawal the, Customer shall inform Monteverro of his decision to withdraw from the Purchase Contract by completing and sending the attached withdrawal form, or through any other explicit statement of intent to withdraw sent via post, fax, or email. This must include:
the declaration of intent to exercise the right to withdraw;
the details of the Products for which the Customer declares withdrawal;
the order date.
the order number.
8.2 The notice of withdrawal must be sent within 14 (fourteen) days after the date of receipt of the Products and/or, in case of split delivery of Products the Customer ordered in a single order, from the date the last Product was received.
8.3 In case of withdrawal, the Customer will be required to return the Products to the Supplier with no undue delay, and in any event within 14 (fourteen) days after the date he informed the Supplier of his decision to withdraw from the contract. This term is met if the Customer sends the Products back within 14 (fourteen) days. The costs of shipping them, as well as other direct costs related to the return of the Products (such as packaging costs) will be borne by the Customer.
8.4 The Supplier undertakes to refund the total purchase price paid for the Products returned, including costs, expenses and delivery charges (except for additional costs arising from the Customer’s request for a type of delivery different from the more economical standard delivery offered by the Supplier) by means of crediting the relative amount to the credit card (reverse transfer) or bank transfer no more than 14 (fourteen) days after the day the Supplier received the notice of withdrawal from the Purchase Contract. The Supplier reserves the right to withhold the refund until it receives the returned Products or the Customer proves that he has sent them back, whichever comes first.
8.5 The Products purchased must be kept, handled and inspected with normal diligence and returned intact and in their original packaging by and at the expense of the Customer.
8.6 In the case that the withdrawal has not been exercised in compliance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund.
8.7 The right of withdrawal is excluded in relation to any tailor-made or customized products or sealed products that are not suitable for return for hygienic reasons or related to health protection and that have been opened after delivery.
8.8 For anything not expressly regulated in this article 8, please refer to art. 52 and ff. of the Consumer Code.
9 DAMAGE / BREAKAGE / GUARANTEE
9.1 Upon receipt of the shipment, the Customer must check it for any damage/breakage of the Products and/or their packaging and inform the shipper in writing and report the damage to email@example.com within one working day after the date of delivery.
9.2 The Customer shall continue to have the rights set out in the Consumer Code and all other essential provisions of law. In particular, in the event that, at the time to delivery to the Customer, the Products have defects pursuant to Art. 9.1 above or have other faults or defects, the Customer shall have the right to demand replacement of the defective Product. If a Product of the same type as the defective one is not available, Monteverro shall offer to replace it with a Product of equivalent or superior quality and cost. If the Customer decides not to accept the replacement with the Product offered by Monteverro, he shall have the right to request a reduction in the purchase price or to terminate the Purchase Contract for the individual product affected by the fault or defect. In all cases the Customer shall continue to have the right to request a price reduction or to terminate the Contract in the other cases provided by Art. 130, paragraph 7 letters a-c of the Consumer Code.
9.3 Subject to the provisions of Article 9.1 above, the Customer shall forfeit the rights provided in this Art. 9 and/or the rights provided by Art. 130 of the Consumer Code, if he does not report the defect and/or fault to Monteverro within two months after discovering it, subject to the extinction of all rights upon 24 months after delivery of the Products and to the additional provisions of Art. 132 of the Consumer Code.
11 FINAL PROVISIONS
11.1 These General Terms and Conditions are governed by Italian law. Nevertheless, the non-revocable Customer protection provisions in effect in the Customer’s country of habitual residence (in particular consumer protection provisions) continue to be applicable.
11.2 If the Customer is a consumer (in accordance with the provisions in Art. 1.2), the Courts within the Customer’s residence will have jurisdiction over disputes arising from this contract.
11.3 In addition, provided the Customer is a consumer, he may avail himself of the European Union platform for online resolution of EU disputes, which may be consulted at https://ed.europa.eu/consumers/odr/.
11.4 The Parties mutually acknowledge that even if the General Conditions are drawn up in other languages, the only binding version is that in the Italian language.
11.5 The invalidity and/or unenforceability of individual provisions do not affect the validity of the remaining provisions. Should one of the provisions be invalid or void, the parties hereby agree that a valid provision will be incorporated, which comes closest to the invalid or void provision.
Monteverro S.r.l. Società Agricola
Strada Aurelia Capalbio, 11
I – 58011 Capalbio (GR), Italy
Tel: +39 0564 890721
Fax: +39 0564 890722
VAT ID Nr./Tax ID Nr./Registered Company Nr. CCIAA/ IT 04032300966
Economic and Administrative Index Nr. (R.E.A.): GR – 112377
Licence Nr. GRM03827U authorised by Main Customs Office