Terms and Conditions of Sale

1. SUBJECT OF THE ONLINE CONTRACT AND ITS DEFINITION
By “online” contract is meant the distance contract having as its subject the purchase of goods and/or services stipulated between Az. Agr. Castello di Montegonzi Società Agricola, with registered office at Via Chiantigiana snc – Montegonzi – Cavriglia (AR), hereinafter referred to as the “Supplier”, and a consumer customer or a professional customer, within the framework of a distance sales system organised by the Supplier which, for such contract, uses exclusively Internet technology. All contracts, therefore, will be concluded directly through the customer’s access to the website corresponding to the address www.castellomontegonzi.com.
By consumer customer, hereinafter referred to as the “Consumer”, is meant solely the natural person who concludes the contract for purposes unrelated to any entrepreneurial or professional activity they may carry out.
By professional customer, hereinafter referred to as the “Professional”, is meant the subject, whether a natural person, public or private legal person, or unrecognised collective entity having autonomous legal personality, who in concluding the contract acts within the framework of their own professional or entrepreneurial activity.
By “Customer”, is meant simply the purchaser generally understood, whether Consumer or Professional.

2. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE AND CUSTOMER OBLIGATIONS
2.1. The contract stipulated between the Supplier and the Customer must be understood as concluded upon acceptance, even partial, of the order by the Supplier itself. Such acceptance is deemed tacit, unless otherwise communicated in any form to the Customer.
The latter, by placing an order in the various manners provided, declares that they have examined all the indications provided to them during the purchase procedure and, consequently, that they fully accept the general conditions and payment conditions transcribed below.
2.2. It is severely prohibited to enter false and/or invented personal data within the data collection forms necessary for carrying out the order. It is also prohibited to enter third-party data or to make multiple registrations relating to a single Customer. The Supplier reserves the right to take legal action against any violation and abuse, in the interest and for the protection of all Customers.
2.3. The Customer and Consumer, once the online purchase procedure has been completed, shall print or save an electronic copy and, in any case, retain these general conditions of sale in compliance with the provisions of Arts. 3 and 4 of Legislative Decree 185/1999 on distance sales. The forwarding of the order confirmation, therefore, implies total knowledge of the same and their full acceptance.
2.4. Any right of the Customer to request from the Supplier compensation for damages or indemnity is excluded, as is attributing to the Supplier any contractual or non-contractual liability for direct or indirect damage to persons and/or property caused by the non-acceptance, even partial, of an order.

3. SALE PRICES AND PURCHASE METHODS
3.1. All sale prices of the products present and indicated within the website www.castellomontegonzi.com, which constitute an offer to the public pursuant to Art. 1336 of the Italian Civil Code, are inclusive of VAT (only within Italian territory) to which shipping costs must be added (where provided). Such prices may vary at any moment without the Supplier being required to give any prior notice; in any case, once the product order has been placed, it will not undergo any price variation.
The cost of transport, both national and international, duly highlighted in the appropriate page within the website that the Customer shall take care to review before confirming the purchase, is entirely borne by the Customer. In the case of delivery abroad, any additional costs due to taxes or duties provided for by the legislation in force in the destination State shall also be borne by the Customer.
3.2. The Customer may purchase only the products present in the catalogue at the time of forwarding the order and viewable online at the address www.castellomontegonzi.com, as described in the relevant information sheets. It is understood that the image accompanying the descriptive sheet of a product may not perfectly represent its characteristics.

4. PAYMENT METHODS
4.1. Credit card / Paypal: through this form of payment, concurrently with the conclusion of the online transaction, all financial information (card number, expiry date, etc.) will be automatically forwarded, via encrypted protocol, to the reference Banking Institution which will proceed to charge, to the Customer’s current account, the payment of the amount relating to the purchase made. Az. Agr. Castello di Montegonzi Società Agricola uses the credit card payment system within the PayPal circuits.
4.2. In the event of cancellation of the order, whether by the Customer, as described in the following article 8, or by the Supplier, in the case of non-acceptance of the order itself, cancellation of the transaction will be requested. Once the transaction cancellation operation has been carried out, in no case can the Supplier be held liable for any damage, direct or indirect, caused by the delay of that operation.
4.3. The Supplier reserves the right to request from the Customer the sending of a copy of identity documents proving ownership of the credit card used for payment. In the absence of the requested documentation, the Supplier may not accept the order and, therefore, not conclude the contract.
4.4. At no moment during the purchase procedure is the Supplier able to know the information relating to the purchaser’s credit card, transmitted via a secure connection directly to the website of the Banking Institution managing the transaction. No computer archive of the Supplier will store such data. In no case, therefore, can the Supplier be held liable for any fraudulent and unlawful use of credit cards by third parties, at the time of payment for products purchased.

5. SHIPPING AND DELIVERY METHODS (SEE Delivery and Shipping Terms)

6. PRODUCT AVAILABILITY
6.1. The Customer may purchase only the products indicated in the electronic catalogue.
6.2. If the goods are not available in the warehouse in the quantities desired by the Customer, the latter may contact the Supplier by email to receive all necessary information on the product and on the expected time for its procurement.

7. LIABILITY
7.1. The Supplier assumes no liability for disruptions attributable to force majeure and/or fortuitous events such as accidents, thefts and/or robberies of the courier entrusted with the delivery, fires, explosions, strikes and/or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, the performance of the contract in the agreed times and manners.
7.2. Nor will the Supplier be liable towards anyone in respect of damages, losses and costs suffered as a result of the non-performance of the contract for the causes mentioned above, the Customer being entitled solely to the refund of the price paid by the Forwarder, who is solely liable.

8. RIGHT OF WITHDRAWAL
8.1. Pursuant to Art. 5 of Legislative Decree 185/1999, if the customer is a Consumer, they have the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, subject to what is indicated in this article.
Please note that this right is reserved exclusively for natural persons, for those consumer customers who, as defined in Article 1, purchase the goods for purposes unrelated to and outside their professional activity. The right of withdrawal is not provided for professional customers, whether natural or legal persons, who act in relation to the purchase contract in a professional capacity. To exercise this right, the Consumer must manifest to the Supplier their intention to withdraw, within 14 working days from the date of receipt of the goods in the case of goods, or from the day of conclusion of the online contract for services. This communication must be sent by registered letter with acknowledgment of receipt addressed to Az. Agr. Castello di Montegonzi Società Agricola, with registered office at Via Chiantigiana snc – Montegonzi – Cavriglia (AR), always sent within the aforementioned 14-day period and followed by a confirmation by registered letter with acknowledgment of receipt, sent within the following 48 hours. Once the aforementioned withdrawal communication is received, the Supplier will promptly inform the Consumer of the instructions on how to return the goods, intact and in the original packaging, which must take place within the following 48 hours.
8.2. In any case, the right of withdrawal is subject to the following conditions:
– this right applies to the product purchased in its entirety; it is not possible to exercise withdrawal on only part of the purchased product;
– the purchased good must be intact and returned in the original packaging, complete in all its parts (including packing and any documentation and accessory equipment), without any missing items.
– this right does not apply to products made to measure or clearly personalized.
8.3. The shipping costs relating to the return of the goods are entirely borne by the Consumer. The goods, until the attestation of receipt in the Supplier’s warehouse, are under the complete responsibility of the Consumer.
In any case, the Supplier is in no way liable for damage or theft/loss of goods returned with uninsured shipments.
8.4. In the event of withdrawal, the Supplier will refund the Consumer the entire amount already paid, within 14 days from the date of receipt of the goods and, in any case, no later than 30 days from the Consumer’s communication. It will be the Consumer’s responsibility to promptly provide the bank details on which to obtain the refund (IBAN code of the invoice holder).
8.5. The right of withdrawal lapses totally, due to the lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where the Supplier ascertains:
– the absence of the outer packaging and/or the original inner packaging;
– the absence of integral elements of the product;
– damage to the product for reasons other than its transport.
In the event of lapse of the right of withdrawal, the Supplier will return the purchased goods to the Consumer sender, charging the latter the shipping costs.

9. BUSINESS PURCHASES
9.1. The Supplier also provides the catalogue products to “professional customers”, resellers, natural persons, public or private legal persons, unrecognised collective entities having autonomous legal personality, who in concluding the contract act within the framework of their own professional or entrepreneurial activity.
9.2. In the case of particularly significant orders, the Professional may contact the supplying company directly by email at castellodimontegonzi@gmail.com or by calling +39 055 966 022 / +39 335 225 484.

10. CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
10.1. The Supplier has the right to terminate the stipulated contract by giving simple notice to the Customer with adequate and justified reasons; in such case the Customer will be entitled exclusively to the refund of any sum already paid.
The Customer has the right to cancel the contract within 12 hours of the order, by giving timely notice to the customer service via email at castellodimontegonzi@gmail.com.
10.2 The obligations assumed by the Customer under this contract are of an essential nature so that, by express agreement, the non-performance by the Customer of even one of said obligations will result in the automatic termination of the contract pursuant to Art. 1456 of the Italian Civil Code, without prejudice to the Supplier’s right to take legal action for compensation for further damages suffered.

11. JURISDICTION AND COMPETENT COURT
11.1. The sales contract between the Customer and the Supplier is understood to be concluded in Italy and governed by Italian Law.
11.2. For the resolution of civil and criminal disputes arising from the conclusion of this distance sales contract, territorial jurisdiction is exclusively that of the Court of Florence.