Terms and conditions of sale
1. Recitals and Effectiveness of General Terms and Conditions
The purpose of these general terms and conditions of sale (hereinafter the "General Terms and Conditions") is to govern the purchase of goods and services at a distance made available on the internet on the tenutamasciangelo.com website (hereinafter the "Site") in compliance with Italian law as set forth in Legislative Decree 206/2005, as amended (hereinafter the "Consumer Code").
The seller of the products and owner of the Site is TM Tenuta Masciangelo Soc.Agr. Srl with registered office at C.da San’Elena, 10 - 66023 - Francavilla al Mare (CH), Tax Code and VAT Number 02502220698, Companies Registry of Chieti and Economic and Administrative Registry number REA: CH-188670. E-mail ad-dress: firstname.lastname@example.org
Before an order is placed, a consumer who accesses the Site to make purchases (hereinafter a "Customer") is required to carefully read these General Terms and Conditions, which have been made available on the Site and can be consulted by the Customer at any time by using the link in the confirmation e-mail for each order so that they can be copied and stored.
In the event that any person making purchases on the Site requires an invoice and/or is not a “consumer or user" as defined in Article 3, paragraph 1, letter a) of the Consumer Code, neither the conditions for withdrawal pursuant to Articles 7 and 8 of these General Terms and Conditions nor, more generally, any provisions of the Consumer Code that only apply to "consumers", will apply.
Contracts entered into with Tenuta Masciangelo through the Site are governed by these General Terms and Conditions, in accordance with Italian law. The language available for concluding contracts is Italian.
2. Choosing and ordering Products
The specifications and prices of the various products for sale on the Site (hereinafter "Product" or "Products") are shown on the page for each product.
By placing an order from the Site, which acts as a contract proposal, the Customer acknowledges and declares that he or she has read all the information provided during the purchase process and accepts these General Terms and Conditions and payment conditions in full.
A contract between Tenuta Masciangelo and the Customer is deemed to have been concluded on approval of the order by Tenuta Masciangelo. Said approval is communicated to the Customer by an e-mail confirming the order which includes a reference to these Terms and Conditions, the order number, the shipping and invoicing information, a list of the Products ordered with their essential specifications and the total price, including delivery charges. Once the contract has been concluded, Tenuta Masciangelo will assume liability for the purchase order and the purchaser will be able to view the orders placed by logging into his or her profile and consulting the appropriate section.
Once an order has been received, Tenuta Masciangelo will check on availability in its inventory for fulfilment of the order. In the event that one or more of the products is not available, Tenuta Masciangelo's Customer Service De-partment will promptly send an e-mail to advise the Customer, and the Customer will be entitled to re-spond within the following 12 hours to confirm shipment of any additional Products available or cancel the order. If no reply is received within said time period, the order will be considered to have been confirmed, and the available Products will be shipped. In this case, the entire amount relating to the missing products will be reimbursed or will not be charged to the Customer, depending on the payment method selected.
3. Product information
Information and specifications relating to the Products are available on the Site.
Where one is available, the visual representation of the Products on the Site normally corresponds to the photograph accompanying the description. It is understood and agreed that the sole purpose of the photographs of the Products is to offer them for sale, and that they may not fully represent their specifi-cations and qualities and may differ in colour and size. In the event of a difference between the image and the written product description, the product description will always prevail.
4. Prices and shipping
There is no minimum order requirement for to making purchases on the Site. Product prices include all taxes and duties. All prices are in Euro.
Shipments in Italy:
The shipment charge is € 9.00 nationwide.
Delivery is free nationwide with a minimum purchase of € 100.
5. Payment and invoicing
5.1 Payment methods
The Customer may pay for the Products and shipping charges by credit card, PayPal, bank transfer, prepaid cards or cash on delivery (Italy only).
The following cards may be used for making purchases on the Site:
The Site does not store Customers’ credit card numbers or credit card payments. No additional fee will be charged for using a credit card.
Once an order has been confirmed, the Customer will be redirected to the PayPal website. Payment can be made from the Customer’s account or by card, including a prepaid card, or in any event in a manner accepted by PayPal and in accordance with its terms and conditions.
The Customer must make a bank transfer within 3 days after the date of the order. If this is not done, the order will be cancelled and the merchandise will be made available for purchase by other Customers. A Customer who fails to make a bank transfer may be contacted by our Customer Service Department to clarify whether the cause of the failure to make payment was due to the Customer’s wish not to confirm the purchase or to other causes.
Beneficiary's Bank: Tenuta Masciangelo Soc. Agr. Srl
Bank: INTESA SAN PAOLO SPA - BIC:
The description of the bank transfer must include the date, the order number (which can be found in the confirmation e-mail), and the Customer’s first and last names (for example: "Order date 15/05/15, no. 100010001, Mario RossI").
This payment method is only available for shipments made in Italy, and then only for orders not exceed-ing €516. Payment will be made on receipt of the merchandise, and may only be made in cash. In the case of COD shipments, the Customer is required to pay a contribution of €5 to the delivery charges.
5.2 Invoicing of orders
Where a purchase is made by a professional or a company, an invoice may be requested by ticking the appropriate box during the order process and entering the billing information, including Tax Code and/or VAT number. In such cases, the invoice will be sent by e-mail to the address indicated. The Customer is responsible for including correct invoicing information, and is expressly informed that if an invoice is not requested at the time of the order, it will no be possible to request one at a later date.
6. Transport and delivery
Products purchased on the Site will be delivered to the address indicated by the Customer in the field provided during the purchase process.
All purchases will be delivered by express courier (hereinafter the “Courier”) from Monday to Friday, ex-cept for holidays and public holidays. Tenuta Masciangelo is not liable for unforeseeable delays or for delays that are not attributable to it.
When the Products have been shipped, the Customer will receive a confirmation e-mail that will include a link for tracking the shipment.
In all cases, except in the event of force majeure or unforeseeable circumstances, ordered Products will be delivered within seven (7) working days from the day following the date on which Tenuta Masciangelo confirms the order to the Customer by an order confirmation e-mail. The above 7 working day period applies to shipments in Italy.
7. Right of withdrawal
Except in the cases of exclusion set forth in point IV below, the Customer has the right to withdraw from the purchase agreement for any reason, without explanation and without penalty. In order to exercise this right, the Customer must send XQ Food a notice within 14 days after the date of receipt of the Products. If the Customer wishes to exercise the right of withdrawal prior to receiving the Products, no-tice of cancellation may be sent at any time before they are received.
Said notice must be sent by recorded mail with receipt of delivery addressed to:
TM Tenuta Masciangelo Soc.Agr. Srl
C.da San’Elena, 10 - 66023 - Francavilla al Mare (CH).
On receipt of said notice, Tenuta Masciangelo’s Customer Service Department will open a file to handle the return, and will send the Customer instructions on how to return the Products, which will be carried out by a courier identified by Tenuta Masciangelo.
The right of withdrawal will be governed by the following conditions:
I the right applies to the Products purchased in their entirety. If the Products are composed of multiple components or parts the right of withdrawal cannot only be exercised for a portion of the purchased Products.
II In the event the right of withdrawal is exercised, Tenuta Masciangelo will reimburse the Customer for the mer-chandise in full, including shipping charges ,where applicable, within 14 days from the date of receipt of the notice of withdrawal, without prejudice to Tenuta Masciangelo’s right to postpone payment of the reimbursement until actual receipt of the merchandise. The refund will be made using the same payment method as that used by the Customer, unless the Customer has specifically requested a different method. In the event of a bank transfer, the Customer will be responsible for providing the bank details relating to the reimbursement (account name, bank name and address and IBAN).
III In order to ensure that the return is free of charge pursuant to Article 8 below, the Products must be returned in the same box as that in which they were received.
IV In addition to the cases identified in the Recitals (where the Customer is not a consumer and/or re-quires an invoice), the right of withdrawal is excluded in the following cases, pursuant to Article 59 of Legislative Decree dated 21/2014:
◦ Orders for Products that have been packed in made-to-measure packaging or clearly personalized;
◦ Orders for sealed Products that do not lend themselves to be returned for hygiene or health protection reasons or that have been opened after delivery;
◦ Products that have been damaged for reasons other than transportation.
In cases of exclusion of the right of withdrawal, Tenuta Masciangelo will return the purchased Products to the Cus-tomer, and will charge the Customer for shipping.
8. Free return in the event the right of withdrawal is exercised
As a special condition for Customers, Tenuta Masciangelo will be entirely liable for the shipping costs for returning Products in the event the right of withdrawal is exercised.
In order to qualify for free shipping, any Customer who wishes to exercise the right of withdrawal must follow the steps in Article 7 above and wait to be contacted by Tenuta Masciangelo to arrange redelivery of the products to the carrier.
9. Warranty and Defects
In the event of defects in conformity of the Products sold by Tenuta Masciangelo, the Customer must immediately contact the Customer Service, using the special contact form.
The legal guarantees set forth in Articles 129, 130 and 132 of the Consumer Code will apply to sales of the Products. Provided the typology of the Product so permits, Customers will be entitled, at their option, to have defects in the Product corrected without charge by repair or replacement, to an appropriate price reduction or to terminate the contract. The Customer will lose these rights if the lack of conformity is not reported to Tenuta Masciangelo within two months after the date on which the Customer discovers the defect, except in the case of a Product that is perishable by nature or subject to expiry within a shorter period, in which case the defect must be reported within said shorter period.
10. Errors and Limitations of Liability
The Product information provided on the Site is updated constantly. It is not, however, possible to guar-antee a total absence of errors, for which Tenuta Masciangelo cannot therefore be held liable, except in cases of intent or gross negligence.
Tenuta Masciangelo reserves the right to correct any errors, inaccuracies or omissions, including after an order has been placed, or to change or update the information at any time without prior notice, without prejudice to the rights of the Customer pursuant to these Terms and Conditions and the Consumer Code.
Except in the event of fraud or gross negligence, the Customer is not entitled to damages or any com-pensation, or to any contractual or extra-contractual liability for direct or indirect damage to persons and/or things caused by the failure to accept or fulfil an order (even in part).
Tenuta Masciangelo promotes the responsible consumption of alcohol and refuses any liability in the event of a pur-chase made by persons under 16 years of age, except in the event of intent or gross negligence,.
All complaints must be forwarded to Tenuta Masciangelo on the special contact form, or by recorded mail with receipt of delivery sent to the following address:
TM Tenuta Masciangelo Soc.Agr. Srl
C.da San’Elena, 10 - 66023 - Francavilla al Mare (CH)
Tenuta Masciangelo undertakes to respond to all requests within no more than 7 working days.
12. Governing Law and Jurisdiction
The sales contract between the Customer and Tenuta Masciangelo is concluded in Italy and is governed by Italian law. The resolution of disputes concerning the interpretation, performance or termination of these General Terms and Conditions or individual purchase orders, where the customer is a consumer within the meaning of the Consumer Code, will be exclusively submitted to the Court of the Customer’s place of residence or domicile, if located in Italy. In all other cases, the Court of Chieti will have exclusive jurisdiction, to the exclusion of any other.
Pursuant to Article 1341 of the Civil Code, the Customer hereby declares that he or she has read and specifically consents to the following Articles of these General Terms and Conditions: 6 (liability for de-lays in delivery); and10 (right to correct errors-disclaimers).