Scope of Application

These general terms and conditions, which are made available to the Buyer for reproduction and storage pursuant to Art. 12 of Italian Legislative Decree No. 70 of 9 April 2003, govern the purchase of products made remotely via a telematic network through the website Shop – Accornero Vini del Monferrato, owned by Az. Agr. ACCORNERO GIULIO & figli Società Agricola S.S., Tel. 0142933317, Tax Code and VAT No. 01659820060, address Via Ca’ Cima 1, Vignale Monferrato 15049 (AL), Italy (hereinafter “Azienda Accornero Giulio e figli”).

The products covered by this contract are all the products selected by the Buyer in the relevant sections of the website and added to the virtual shopping cart, following the online purchasing procedures described on the website.

Acceptance of the Terms of Sale

All purchase orders shall be submitted by the Buyer to Azienda Accornero Giulio e figli after registering on the website with a dedicated account via a secure protocol (HTTPS), and then by completing the purchasing procedure indicated.

These general terms of sale must be reviewed online by the Buyer before completing the purchasing procedure. Submitting the purchase order confirmation therefore implies the Buyer’s full knowledge and complete acceptance of these terms.

By electronically submitting the order confirmation, the Buyer unconditionally accepts and undertakes to comply, in their dealings with Azienda Accornero Giulio e figli, with the general and payment terms set out below, declaring that they have read and accept all the information provided pursuant to the aforementioned regulations, and acknowledging that Azienda Accornero Giulio e figli shall not be bound by any different conditions unless previously agreed in writing.

Sale Prices

All sale prices of the products offered in the electronic catalogues on the website are expressed in euros and include VAT.

The total shipping and delivery costs are indicated in the offer made by Azienda Accornero Giulio e figli.

The price of the product shown on the website is final, except in the case of technical errors. Should the price shown be incorrect due to technical errors, the Parties undertake to renegotiate the price in good faith and fairness.

Conclusion of the Contract

The contract entered into through the website is deemed concluded when the Buyer receives the order confirmation by email from Azienda Accornero Giulio e figli.

Delivery

Azienda Accornero Giulio e figli will deliver the products to the Buyer through trusted couriers and/or carriers. Delivery will take place within the time frames required and indicated on the website and in the order confirmation email.

Goods will be delivered to the address specified by the Buyer in the order or to another location jointly agreed by the Parties.

The risk of loss of the products passes to the Buyer upon delivery of the goods.

If the Buyer is absent, they will be contacted to arrange delivery/collection. In this case, the risk of deterioration of the products passes to the Buyer at the time of the failed delivery.

Liability

Azienda Accornero Giulio e figli accepts no liability for delays in or failure of delivery attributable to force majeure, such as accidents, explosions, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, wholly or partly, the performance of the contract within the agreed time frames.

Azienda Accornero Giulio e figli shall not be liable to any party or third party for damages, losses and costs incurred as a result of the non-performance of the contract for the above reasons, the consumer being entitled only to a refund of any price paid.

Azienda Accornero Giulio e figli guarantees that the products in the electronic catalogues may be freely purchased and are not subject to any pledge or mortgage. In any case, the provisions of the Italian Civil Code on sales shall apply.

Warranty and Customer Support

Azienda Accornero Giulio e figli sells only original products of high quality.

In the event of a lack of conformity, the provisions of Italian Legislative Decree No. 206 of 6 September 2005 shall apply.

Buyer’s Obligations

The Buyer is strictly prohibited from entering false, invented and/or fictitious data in the registration procedure via the electronic form; personal details and email address must be exclusively the Buyer’s own real personal data, not those of third parties or fictitious ones. The Buyer therefore assumes full responsibility for the accuracy and truthfulness of the data entered in the registration form for the purpose of completing the product purchasing procedure.

Multiple registrations by a single person, or entering third-party data, are expressly prohibited. Azienda Accornero Giulio e figli reserves the right to take legal action against any violation and abuse, in the interest and for the protection of all consumers.

The Buyer holds Azienda Accornero Giulio e figli harmless from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the Buyer, who is solely responsible for entering such data correctly.

Right of Withdrawal

Pursuant to Articles 64 and 67 of Italian Legislative Decree No. 206 of 6 September 2005, the Buyer may exercise the right of withdrawal and obtain a refund of the price paid, except for goods made to measure, by returning the product received in its original packaging, without tampering with any warranty seal or simply opening and/or damaging the outer packaging.

A Buyer who, for any reason, is not satisfied with the purchase has the right to withdraw from the contract without penalty and without giving any reason, within 14 days of receiving the order confirmation.

To exercise the right of withdrawal, the Buyer must contact Azienda Accornero Giulio e figli within the period indicated in the previous paragraph. The Buyer must return the items in the same condition in which they were received, with their original packaging, within 14 days of the date on which they notified Azienda Accornero Giulio e figli of their decision to withdraw from the contract. The deadline is met if the Buyer sends back the goods before the fourteen-day period has expired; no other methods of returning the goods are provided. The direct costs of returning the goods are borne by the Buyer; to this end, the Buyer shall deliver them to the address indicated by Azienda Accornero Giulio e figli. Azienda Accornero Giulio e figli will accept the returned goods, reserving the right to dispute that the products were not returned in their original condition and with their original packaging.

Consumers who exercise the right of withdrawal in accordance with the above will be refunded the amounts paid within 30 (thirty) days.

In the case of partial withdrawal from multiple-item orders, Azienda Accornero Giulio e figli will refund shipping costs in proportion to the value of the goods subject to withdrawal.

Azienda Accornero Giulio e figli is not required to refund any additional costs if the consumer expressly chose a type of delivery other than the least expensive standard delivery offered by Azienda Accornero Giulio e figli.

Confidentiality

The Parties undertake to keep strictly confidential all information received in any way and in any manner in connection with the contract, and shall ensure that this obligation is also observed by their directors, employees and consultants to whom the information has been disclosed.

Governing Law and Referral

This contract is governed by Italian law.

For anything not expressly provided herein, the legal provisions applicable to the relationships and cases covered by this contract shall apply, and in any case the provisions of the Italian Civil Code and of Italian Legislative Decree No. 206 of 6 September 2005 (Consumer Code).

The establishment of the European platform for online dispute resolution for consumers (ODR platform) gives the Buyer the opportunity to initiate