General Condition of online sales
GENERAL CONDITIONS OF ONLINE SALES
These Online Conditions apply exclusively to the distance sale via the web of the products fully illustrated and described on the website www.adamiprosecco.it (hereinafter “Product(s)”).
In the event of changes in the Online Conditions, the Online Conditions published on the site at the time of sending the order proposal (hereinafter “Order Proposal”) by the buyer of the Product(s) (hereinafter “Customer”) shall apply to the purchase made.
The Customer is required, before submitting the Order Proposal, to read and accept these Online Conditions. Submission of the Order Proposal implies full knowledge and express acceptance of both these Online Conditions and the contents of the Order Proposal.
The website www.adamiprosecco.it is reserved for Customers acting for purposes unrelated to their entrepreneurial, commercial, craft or professional activity (B2C transactions). Should a Customer nonetheless place an order in the exercise of his entrepreneurial, commercial, artisan or professional activity (B2B transactions), the invoice that may be requested may not show the VAT number but only the Customer’s tax code.
- 1.1 The seller of the Products (hereinafter referred to as “Seller”) is ADAMI S.R.L. with registered office in Italy, Via Rovede n. 27 – 31020 – Vidor (TV) fraz. Colbertaldo, tel. 0423 982110, fax 0423 982130, email [email protected], PEC [email protected], tax code and registration number with the Register of Companies of Treviso-Belluno n. 01841380262, VAT number 01841380262, which is also the entity that directly produces the Products.
- 1.2 The Customer will be identified through the data entered by him/her in the Order Proposal. It is forbidden to provide false and/or invented data: the Seller is exonerated from any responsibility in this regard.
- SALE OF ALCOHOLIC PRODUCTS IS PROHIBITED TO MINORS. The offers of Products on the Site are intended for Customers of legal age. By placing an order through the Site, you warrant that you are of legal age under the law applicable to the Customer and have the legal capacity to enter into binding contracts.
- MODE OF CONTRACT COMPLETION
- 2.1 The information set forth in these Online Terms and the details contained in the Site do not constitute an offer to the public, but merely an invitation to place an Order Proposal. After sending the Order Proposal, the Customer will receive an email confirmation of its receipt (hereinafter “Order Receipt Confirmation”). Said email will not result in acceptance of the Order Proposal, which will only be deemed accepted when the Customer receives a subsequent email confirming that the Order Proposal has been accepted and that the Goods are being shipped (hereinafter “Order and Shipment Confirmation”). Accordingly, no contract will exist between the Customer and the Seller until the Order Proposal is explicitly accepted by the Seller by sending the Order and Shipment Confirmation. The online purchase contract (hereinafter the “Contract”) shall, therefore, be deemed to be concluded only when the Customer receives the Order and Shipment Confirmation (“Contract Conclusion Date”): from this moment on, the Order Proposal will be referred to simply as the “Order”.
- 2.2 Before submitting the Order Proposal, the Customer will be asked to confirm that he/she has read and accepted the Online Conditions, including the clauses that determine unfavorable conditions against the Customer (e.g. limitations of liability, right to withdraw from the contract, exceptions to the jurisdiction of the judicial authority, etc.).
- 2.3 The Seller reserves the right, prior to sending the Order and Shipment Confirmation, to request additional information regarding the Order Proposal via e-mail or telephone.
- The Seller may not process Order Proposals that do not give sufficient guarantees of solvency or that are incomplete or incorrect, or if the Products are unavailable. In these cases, no later than 30 (thirty) working days from the day on which the Customer has transmitted the Order Proposal, the Seller will inform the Customer by email that the contract is not concluded and that the Order Proposal will not be followed up. In this case, any amount already paid will be refunded.
- 2.5 The Seller agrees to deliver the ordered Products as soon as possible and in any event no later than 30 (thirty) days from the Contract Conclusion Date.
- 2.6 The Seller reserves the right to reject Order Proposals from a Customer with whom a dispute and/or dispute regarding a previous Order is pending or has previously occurred. This also applies to all cases in which the Seller deems the Customer unsuitable, including but not limited to the case of previous violations of the Online Conditions or for any other reason, especially if the Customer has been involved in fraudulent activities of any kind.
- 2.7 Although the Seller constantly takes measures to ensure that the photographs shown on the Site are faithful reproductions of the Products, including the adoption of every technological solution possible to minimize inaccuracies, some variations are always possible due to the technical characteristics and color resolution characteristics of the computer used. Accordingly, the Seller shall not be liable for any inadequacy of graphic representations of Products shown on the Site where due to the aforementioned technical reasons, since such representations are for illustrative purposes only.
3. SALE PRICES
- 3.1 The prices of the Products (hereinafter “Price(s)”), to be understood to be ex-warehouse, and the shipping charges (hereinafter “Shipping Charges”) are those indicated on the Site and at the time of transmission of the Order Proposal. The Prices and Shipping Charges are to be considered inclusive of taxes, duties and any costs related to customs duties (unless otherwise specified in the Order Proposal). In case of exercising the right of withdrawal, the Shipping Charges that have already been paid by the Customer are excluded from the refund.
- 3.2 Despite all efforts, it is not possible to exclude the possibility that for some of the Products on the Site a price different from the actual price is indicated by mistake. In the event that, due to technical glitches, clerical errors or other inconvenience, the Price indicated on the Site is lower than the correct sale price of the Product, the Customer will be contacted to verify whether he/she still wishes to purchase the Product at the correct price. In the event that he/she does not wish to proceed with the purchase, the Order Proposal and/or Order will be cancelled. Should the price listed on the Site be higher than the correct sale price of the Product, the Order will be followed up by charging only the lower price.
4. METHOD OF PAYMENT
- 4.1 Payment may be made by any of the methods listed in the “Payment Methods” section on the Site.
- Major credit and prepaid cards are accepted. Payment by credit cards will be made at no additional charge. The Customer making the payment confirms that he/she is the owner of the credit card used. In the absence of these prerequisites, it will not be possible to proceed with the Order Proposal.
- 4.3 Upon submission of the Order Proposal, the amount paid will be collected by the Seller as a security deposit, which will be converted into price payment only upon Order Confirmation and Shipment.
- 4.4 In the event that the amount cannot be charged, the Order Proposal will be automatically canceled.
- 4.5 It should be noted that the Seller is not in a position to fully know the information relating to the Customer’s credit card, which is handled directly by the third party administering the payment. For this reason, the Seller will not be aware of such data, nor will it retain them and will only have access to the partial information that the Customer decides to save (e.g. card type, card expiration date, cardholder), which is insufficient to identify the card but useful to the Customer in case of subsequent purchases.
- Under no circumstances, therefore, can Seller be held liable for fraudulent use of credit and prepaid cards by third parties.
5. SHIPPING AND DELIVERY
- Each shipment contains:
- the Products ordered and any free gifts;
- any accompanying documentation required in the country of shipment;
- any informational and marketing materials.
- Any purchase invoice related to the Order, which must be expressly requested during the Order Proposal by the Customer, will be transmitted by email.
- The Products will be delivered by the courier identified by Seller. At the time of shipment, the Customer will receive appropriate notice from the courier to allow monitoring of the status of the shipment itself. The delivery of the Products shall be made by delivery to the address indicated by the Customer.
- The inability to deliver the Products sent to the address chosen by the Customer after 10 days from the first delivery attempt, will result in the cancellation of the Order and the refund of the full amount paid, which will be made on the same means of payment used for the purchase. Excluded is the reimbursement of shipping and ancillary costs of the order that may be incurred.
- Upon receipt of the Products, it will be the Customer’s responsibility to check the integrity and presence of damages to the package that are immediately evident (for example: wet box, damaged box, etc.). In case of anomalies, the Customer will be required to detect them immediately, having them noted by the courier and refusing the delivery. Otherwise, the Customer will forfeit the possibility of asserting its rights in this regard.
- The Site is structured with functionality such that the Customer can access the Site and place the Order regardless of nationality and geographical location.
The Customer shall be entitled to receive the Products at a delivery address of the Customer’s choice, provided that the address is in the same state from which the Order is placed.
6. RIGHT OF WITHDRAWAL
- The Customer shall have the right to withdraw from the contract concluded on the Site, without penalty and without specifying the reason, by returning to the Seller all or part of the Products purchased.
The Customer must notify the Seller, in the manner set forth below, of the intention to exercise the right of withdrawal within the term of 15 (fifteen) days, starting from the day on which the Customer or an agent of the same (other than the courier) acquired possession of the Products.
In case more than one Product has been purchased with the same Order, the will to withdraw may be communicated at different times, always within the term of 15 days.
- The Customer may inform the Seller of its decision to withdraw by an explicit statement by sending it to the email address [email protected].
- After communicating the intention to withdraw, Customer is obliged to return the products to Seller without undue delay and in any case within 14 (fourteen) days from the day he communicated his withdrawal. The deadline is met if the products are returned before the expiration of the 14 (fourteen) day period. The return of the products must be made by postal service or courier. The direct costs of returning the products will be borne only by the Customer.
The returned Products must be returned inside the same packaging in which the Products were shipped to the Customer, or in other packaging suitable for shipping fragile products. The same must be returned exactly as they were shipped, complete with all accessories and labels and, in the case of food and beverage products, must not have been opened. The returned Products must have been stored by the Customer in accordance with the storage methods indicated on the product, as well as with the rules, including those of a hygienic-sanitary nature, dictated by common experience.
- After verification by the Seller of compliance with all the procedures required for the exercise of the right of withdrawal, the Customer will receive an email approving the return (hereinafter “Return Approval”).
The Seller will refund to the Customer the amounts paid for the purchase of the Returned Products no later than 14 (fourteen) days from the day on which it has received the return of the goods, being entitled, until then, to retain the refund.
In any event, the Customer will remain responsible for the cost of shipping the Order, any ancillary costs to the order that may be incurred (for example: cost of gift wrapping, etc.) and the organization and shipping costs necessary to get the Products directly to the Seller at the following address:
Via Rovede n. 27 27
31020 – Vidor (TV) fraz. Colbertaldo, Italia
The Seller will use the same means of payment used for the purchase of the Products for the re-credit.
- In case the right of withdrawal is exercised without complying with the procedures set forth in the preceding paragraphs, the Customer shall not be entitled to any refund. Within 10 (ten) days from the sending of the email notifying the Customer of the rejection of the return and the relative reasons, responding to the same email the Customer may choose to re-obtain, at His expense, the returned Products. Otherwise, the Seller may legitimately retain the returned Products, in addition to the amounts already paid for their purchase.
- The right of withdrawal is excluded in the case of:
- Products that are likely to deteriorate or expire quickly;
- Sealed Products that are not suitable for return for hygienic or health protection-related reasons and have been opened after delivery.
7. LEGAL WARRANTY FOR NON-CONFORMING PRODUCTS
- The Seller is responsible for any defect in the Products and for the non-compliance of the same with the Order placed, existing at the time of delivery of the goods.
The Products must be stored by the Customer in accordance with the instructions provided by the Seller and in any case in environments whose hygienic-environmental conditions are appropriate with respect to the Products themselves; consequently, the Seller shall not be liable for disputes concerning Products that have not been stored by the Customer in accordance with the above provisions.
- The duration of the warranty shall be 2 (two) years from the time of delivery of the goods, provided that the defect manifests itself within 2 (two) years from the date of delivery of the Products or within the expiration date or the so-called minimum shelf life, in the case of goods susceptible to expire before two years from the delivery of the same.
- Any non-conformity of the products may be reported by the Customer in accordance with current consumer protection regulations, and in particular pursuant to Legislative Decree No. 206 of September 6, 2005 (so-called Consumer Code). The complaint of non-conformity of the products must be made to the Seller by e-mail to the address: [email protected].
- It should be noted that for a Product to be considered “non-conforming” it must have different characteristics than the manufacturer’s quality standards. In the event that the lack of conformity of the purchased Products has been ascertained by the Seller, the Customer shall have the right to obtain a refund of the amount paid for the purchase of the Products. The refund will be made through the same means used by the Customer for the initial purchase.
- All costs of returning products recognized as defective shall be borne by the Seller.
9. APPLICABLE LAW
- These Online Conditions are governed by Italian law and shall be interpreted in accordance with it, without prejudice to any different prevailing mandatory rule of the country of habitual residence of the Customer. Consequently, the interpretation, execution and termination of the Online Conditions are subject exclusively to Italian law (without prejudice to any different prevailing mandatory norm of the country of habitual residence of the Customer) and any disputes inherent and/or consequent to the same shall be resolved exclusively by the Italian judicial authority.
10. EDITING AND UPDATING
- These Online Terms may be changed at any time. You will be required to accept only the Online Terms in effect at the time of purchase. These Online Terms may be changed at any time. You will be required to accept only the Online Terms in effect at the time of purchase. New versions of the Online Terms will be effective as of the date they are posted on the Site and in relation to Orders submitted after that date.
VERSION UPDATED TO 27/03/2023