1. INTRODUCTION
If you want to buy wine from us or use our web site you can only do so on these terms and conditions, and by registering on the web site you are agreeing to be bound by them. We may change these from time to time by updating this posting.
1.1. The following conditions of sale (hereinafter "General Conditions") are applicable to the retail sale of all products sold via the www.DirecttoConsumerWine.com website.
1.2. The above site was registered and it is managed by Podere La Villa, whose main offices are in Via Pisignano 34, I-50026 San Casciano V.P. (FI) Tel +39 335 1224801, Fax +39 055 820840, email info(at)alevawine.com, VAT number 04196400230 (hereafter "Podere La Villa"). All sales ordered on the site are entered into with Podere La Villa.
1.3. The products offered for sale on the site can be purchased exclusively by end users within the EU, that is to say: (a) persons purchasing the product for use not linked to or related to professional activity; and (b) persons who supply an address for the delivery of the products within the EU.
2. NOTICE ON PRODUCTS
2.1. Clients are advised that the product offered for sale by Podere La Villa is “wine”, a fermented alcoholic drink obtained from grapes and produced in accordance with applicable law, with the organoleptic features described in the product description on the site and on the labels attached on each bottle. Clients are advised that the nature of the product and its alcoholic content require the application by the end consumer of common sense rules of prudence and care in the consumption of the product. Podere La Villa will not supply products to minors and is NOT RESPONSIBLE for consequences of any kind deriving from reckless use or abuse of the product by the Client.
2.2. Clients may order only the products offered for sale on the site from time to time listed at the time of the placement of orders.
2.3. The product descriptions on the site are prepared by Podere La Villa with maximum care and diligence, but must be considered illustrative as wine is an organic product which cannot be standardized and is subject to variations.
2.4. Clients are advised that in order to properly store wine over the time, they must ensure not to expose the products to bright light or high temperature. Podere La Villa recommends Clients to take appropriate steps to protect their wines from light and heat in order to maintain the product’s quality and declines liability for quality problems caused by Clients' failure to do so.
3. ORDERING PROCEDURE
3.1. The sale contract between Podere La Villa and the Client is closed only when Podere La Villa accepts the order forwarded via email by the Client. Podere La Villa reserves the right, at its absolute discretion, to accept or reject orders received via the site.
3.2. In placing an order the Client acknowledges and accepts without reservation these General Conditions and the payment arrangement described hereinafter; having examined all the indications given by Podere La Villa in the purchasing process.
3.3. Podere La Villa will notify acceptance or refusal of the Client’s order within the term of ten days from receipt of the order. Lack of confirmation within the ten days term means that the order is rejected.
3.4. Podere La Villa’s confirmation notice will include the number of the order and a link to the Client’s account area of the site through which the Client will be able to check the status of the order. Clients are requested to verify the correctness of the information contained in the confirmation notice and immediately inform Podere La Villa of any mistakes. In lack of communication from the Client within 24 hours of the sending of the confirmation notice Podere La Villa will assume the details contained in the confirmation notice as verified and found correct. Podere La Villa's confirmation notice will include a Client Order Number to be referred to in all subsequent communications with Podere La Villa.
3.5. Clients are reminded that it is illegal to submit false or made-up details and that third parties cannot participate in the online registration procedure necessary to activate the placement of the order. Podere La Villa will report to the Police all cases of abuse.
4. PRICE AND TRANSPORTATION OF PRODUCTS
4.1. Prices quoted on the site are for the sale to the general public and therefore include the Value Added Tax.
4.2. Transport costs are shown separately, again comprehensive of the Value Added Tax. Transportation will be handled by the carrier selected by Podere La Villa (or other Vendors of this Mall). Products will be insured during transportation.
4.3. Podere La Villa reserves the right to modify prices of the products being offered at any time, without previous notice; price changes will not affect orders already confirmed.
5. PAYMENT TERMS
5.1. The only accepted method of payment is by means of credit card. Clients will provide the details of their credit card when they place their orders.
5.2. In placing their orders and supplying their credit card details Clients authorize Podere La Villa (or Other Vendors of this Website) to charge the price of the order, as set in the order confirmation notice, to the card detailed by the Client.
6. CLAIMS
6.1. Client is requested to carefully examine packaging of the products for sign of external damage in order to notify immediately apparent damage to the carrier. Client is also requested to inform Podere La Villa immediately of any apparent damage in order to enable Podere La Villa to place a claim with the insurer.
6.2. Client is due also to immediately inspect the product contained inside the packaging to ascertain that bottles are undamaged; and to inform without delay Podere La Villa of any broken bottle to enable Podere La Villa to place claim with insurer/carrier. Pursuant to the law all claims for damage in transport must be filed by Podere La Villa to the carrier within eight days of delivery.
6.3. Claims for lack of compliance of the products must be filed by Client with Podere La Villa within two months from discovery.
6.4. Podere La Villa's liability, except in cases of gross negligence or fraud, is limited to the value of the products supplied.
7. CLIENT’S RIGHTS TO CANCEL THE ORDER
7.1. In accordance with Article 64 of D. Lgs 206/2005 end user Clients (i.e. persons purchasing products for reasons non linked and unrelated to their professional activity) have the right to cancel sales contracts for any reason, without penalty, within 10 days from receipt of the products. The right of cancellation is governed by the following sections.
7.2. Cancellation notices by Clients must be forwarded by means of registered letter with return receipt, to be sent by the Client within ten (10) days from receipt of the products to: Podere La Villa, Via Pisignano 34, I-50026 San Casciano V.P. (FI) ITALY
7.3. Upon receipt of the registered letter containing Client’s notice of cancellation, Podere La Villa will immediately send to the Client, via e-mail, an order cancellation form with an authorization code which the Client must affix to the outside of the package in which the products will be returned. The products must be returned by the Client within ten (10) days from receipt of the order cancellation form using this procedure.
7.4. The right to cancel the order is subject to the following conditions: (a) Cancellation must refer to the product purchased by the Client in its entirety; partial cancellations relating only to some of the products purchased (e.g. two out of three bottles) are not allowed. (b) Products must be undamaged and must be returned in the original packaging, which must be complete (including packing materials and documentation, etc.), and must show the return authorization code supplied by Podere La Villa; (c) Products returned following cancellation must be in good condition. Podere La Villa will not accept return of used products or products showing signs of tampering, damage, or of negligence. (d) Products which are returned following cancellation must have, in addition to the authorization code, the same lot number indicated in Podere La Villa's original shipping documents. In the event the product returned has a lot number different from that shown in the transportation documents, Podere La Villa will refuse it and will send it back to the Client. (e) Transportation costs of products on cancelled orders to Podere La Villa at the above address will be borne by the Client, who will also be responsible for transportation risks.
7.5. Podere La Villa will inform Client of any damage to the products returned by the Client who is exercising cancellation rights within five working days of the merchandise's arrival at Podere La Villa´s cellars, to give the Client time to file an insurance claim against the carrier. The Client will in any case be expected to cover damages suffered on returned merchandise.
7.6. Podere La Villa will refund the price of purchase in all cases in which the sale is cancelled following the correct procedure through a bank transfer to the bank account indicated by the Client. Podere La Villa will not accept other manners of reimbursement.
8. PRIVACY
8.1. In accordance with Article 13 D.Lgs 196/2003 "Rules for the protection of personal information" Podere La Villa which is in charge of the information collected, informs Clients that the personal data collected will be processed with computers in order to supply the services requested. The collection of the data is necessary to provide the service. The data collected may also be used to send Clients promotional literature either via email or via traditional mail. Clients may allow or forbid the use of personal data for promotional purposes. The data collected will not be provided to third parties except as necessary to provide the service requested (e.g. banks, carriers, company consultants). We remind Clients that Clients can, at any time, exercise the rights specified in Article 7 of D. Lgs 196/2003, including cancellation and forbidding other uses of personal data. To exercise these rights Clients may contact the Podere La Villa representative in charge of data treatment via email, at info@podlavilla.com, or via traditional mail, at the following address: Podere La Villa Az. Agr., Via Pisignano 34, I-50020 San Casciano V.P. (FI).
8.2. The legal relationship between Podere La Villa and the Client, unless otherwise specified, is governed by the laws of the Republic of Italy regulating purchase and sale of movables.
8.3. Disputes that may arise will be handled on an exclusive basis by the Court of the City of Florence (FIRENZE) ITALY.
