Terms and Conditions
• 1 Definition and object of the contract
• 2 Contractual framework
• 3 Purchase methods
• 4 Products availability
• 5 Delivery methods
• 6 Withdrawal Right for the customer according to the Consumer Code
• 7 Intellectual Property Rights
• 8 Place of jurisdiction
• 9 Other forecasts. Limitations of responsibility
1. Definition and object of the contract
Contracts concluded with Enotecalacambusastresa.com through the Website are governed by Italian law and in particular by Legislative Decree 9 April 2003, no. 70 (rules on electronic commerce).
The below mentioned conditions of sale apply to distance contracts (hereinafter: “Contract”) concerning the sale of bottles of wine (hereafter: “Goods” or “Products”) through distance communication techniques, such as online sales by internet website.
The Contract is concluded between Enotecalacambusastresa (hereinafter: “Enotecalacambusastresa.com”) with registered office in Stresa – Italy and permanent organization in Via Cavour, 33, 28838 Stresa (VB), Italy and the client / user / consumer (hereinafter: “Customer”).
If the Customer is a consumer, namely a natural person acting for purposes unrelated to his professional activity, the Contract is also governed by the provisions of Legislative Decree 6 September 2005, no. 206 (hereinafter: “Consumer Code”).
These general conditions of sale (hereinafter: “General Conditions”) and in particular the information referred to in art. 52 of the Consumer Code will be displayed in a visible way on the Website and will be valid and effective until they are modified and / or supplemented by Enotecalacambusastresa.com.
Any changes and/ or additions to the General Conditions will be effective with immediate effect and will apply to sales made from that date. In any case, the updated version of the General Conditions will be available on the Website
2. Contractual framework
The purchase of the products is allowed only to subjects who:
• b) have accepted these General Conditions
• c) are adults
3. Purchase methods
Except as provided for in the previous paragraph, in order to proceed with the purchase of one or more Goods offered on the Site it is also necessary to fill in the order form (hereinafter: “Order”) in electronic format prepared on the Site and send it to Enotecalacambusastresa.com by following the instructions and paying by credit card or PayPal, which will however be charged only in case of stipulation of the Contract and then when sending the summary Email. Enotecalacambusastresa.com undertakes to confirm receipt of the Order by sending an email to the email address provided by the Customer at the time of the request (hereinafter: “Summary Email”).
In the Summary Email, Enotecalacambusastresa.com undertakes to communicate to the Customer a summary of the main commercial conditions, general information on the characteristics of the product, including the availability of the existing Goods at the time of the Order, the single price, packaging costs, transport costs, payment methods and delivery methods, right of withdrawal, as well as the total amount to be paid for the order requested by the customer.
4. Products availability
If after sending the Order for the purchase request made by the Customer, the selected Goods are not, for any reason, available, Enotecalacambusastresa.com ensure to notify the Customer by email, where it will be indicated the possibility to purchase other goods of the same or better quality than those requested by the customer. In this case, Enotecalacambusastresa.com ensure to inform the Customer of the essential characteristics of the goods offered and any other information.
Enotecalacambusastresa.com ensure to immediately notify the Customer of the exhaustion of the goods due to unforeseeable causes and not attributable to them, inviting the Customer to perform another Order. If the customer does not accept the new proposal, Enotecalacambusastresa.com will inform the Customer of the terms and conditions for refunding the price paid.
5. Delivery methods
The delivery will take place within 7 (seven) days from the one following receipt of the order. The delivery of the Goods is carried out on working days and, if requested by the Customer, also on Saturdays upon payment of a surcharge.
Upon delivery, our representative can request the identity document of the customer in order to ascertain the age of majority, as established in paragraph 2, point c).
6. Right of withdrawal for the consumer Customer according to the Consumer Code
The consumer Customer has the right to withdraw from the Contract, without penalty and without charge, within 14 days from receipt of the Goods with written notice by registered letter with return receipt.
The Customer who intends to withdraw from the Contract must return all the Goods to the address indicated on the invoice within 14 days from the communication of the exercise of the right of withdrawal. Shipping costs are charged to him.
Enotecalacambusastresa.com will proceed, as soon as possible and in any case within 14 days from the date on which it became aware of the consumer’s decision to withdraw from the contract, to reimburse the sums paid by the consumer customer, including shipping charges initially paid by the latter as indicated in the order confirmation e-mail.
This article applies only if the Customer is a consumer (a natural person acting for purposes unrelated to his professional activity).
In case of receipt of damaged products, they will be returned to Enotecalacambusastresa.com which will replace them. In case of exhaustion, the customer will be contacted by Enotecalacambusastresa.com who will undertake to propose new products to the customer and, if these are not accepted, to reimburse the costs incurred.
7. Intellectual property rights
All rights on the Site and on all the materials contained therein as well as on the trademarks and / or distinctive signs and / or on any and all material or content on which intellectual, industrial or any other rights of property exist are exclusively of Enotecalacambusastresa.com and / or other subjects and / or his assignor. No rights are attributed to the Customer.
8. Place of jurisdiction
The Contract is governed by Italian law. Any dispute concerning the application, execution, interpretation and violation of the Contract will be the responsibility of the Court of Varese or, in the case of consumer customer, of residence of the customer if he is a consumer.
9. Other forecasts. Limitations of responsibility
Enotecalacambusastresa.com assumes all risks of shipping by courier and is responsible for any damage if it occurred before the signing of the receipt of the goods.
Enotecalacambusastresa.com can not be held responsible in any way for delays in the delivery of Goods or non-delivery of the same, if the delay or non-delivery were caused by exceptional and unforeseeable circumstances, such as in any case civil unrest, intentional damage, fire , floods, storms or supernatural events, interruptions of an ISP or telecommunications provider, related to the execution of the Contract.
These General Conditions do not regulate the sale of products and / or the provision of services by subjects other than Enotecalacambusastresa.com that may be present on the Site through links, banners or other hypertext links. Before making commercial transactions with such subjects, the Registered User must check their sales conditions. Enotecalacambusastresa.com is not responsible in any way for the provision of services and / or for the sale of products by such subjects. On websites that may be consulted via these links, Enotecalacambusastresa.com does not check and / or monitor. Enotecalacambusastresa.com is therefore not responsible for the contents of these sites nor for any errors and / or omissions and / or violations of the law by the same.