General Conditions of Sale

1. Seller’s Details and Buyer definition 

1.1 The goods and/or services covered by the following general conditions are put up for sale by Cantina Tramosasso
Via Raggi 1/b Borgo Tossignano  tel and fax 0542 91149   Cell 328 7362378 (Marco)   For information  cantinatramosasso@gmail.com   P.Iva P.IVA 01691720468
Registration number in the Register of Companies: (Bologna) hereinafter also indicated as “Seller”.

1.2 The term “Buyer” means: a) the consumer a natural person who buys for purposes outside the entrepreneurial, commercial, handicraft or professional activity; b) any person who is not a consumer as a natural or legal person acting in the exercise of his business, business, craft or profession, or an intermediary.

2. Subject of the online contract With these general conditions of sale, the Seller sells and the Buyer purchases the products and services described and offered for sale at www.cantinatramosasso.it through telematic means. Cantina Tramosasso reserves the right to modify these General Conditions at any time and to publish them on its website. Any amendments shall apply only to sales concluded after the publication of the new conditions. Buyers “consumers” will be covered by the relevant legal provisions of Legislative Decree no. 206/2005 (Consumption Code) and subsequent amendments. Non-consumer purchasers will be subject to the rules and provisions of the Civil Code. These general conditions shall apply only to sales made on Italian territory.

3. Conclusion of the contract: The contract between the Seller and the Buyer is concluded only through the internet: the Buyer will access the site www.cantinatramosasso.it and through the procedure provided therein will make the proposal of purchase of the products and/or services.

4. Products and services

 4.1 The main features of the services and products, including the duration of the offer, the price (including VAT) and the delivery costs, can be verified and displayed by the Buyer before the conclusion of the contract and payment. In particular, the types of products and services can be viewed in the section (indicate specific sessions/exact link) where there will also be representative images of the product and/or service. 

4.2 No fee and/or charge is applied for access to the site www.cantinatramosasso.it

5. Conclusion and effectiveness of the contract.

5.1 Purchasing orders made through the website www.cantinatramosasso.it if complete and containing all the elements necessary to identify the products and the place of delivery and/or services ordered, will be the contractual proposal of the Buyer manifested online.

5.2 The confirmation of the order by Soc Agr Tramosasso sent by e-mail to the address indicated by the Buyer is equivalent to acceptance of the contract proposal.

5.3 The contract is concluded, and is binding on both parties, when the Order Confirmation is sent by the Seller to the Buyer.

5.4 The Seller may also send to the Buyer a refusal of the order as in the case provided by art. 7.2, and reserves the right to cancel any order in case of material errors inherent in the order of the Buyer or in the information sent by the Buyer through the website www.cantinatramosasso.it .

5.5 All orders will be considered valid only if expressly accepted by the Seller.

6. Iter for the conclusion of the contract From the site www.cantinatramosasso the Buyer: – will be able to discover the products and/or services Cantina Tramosasso in evidence in the section in the foreground, visualize the full range of products and services by choosing a category from the navigation menu; – view each product and service card containing information on formats, description and features of the article; – must select from the product and/or service card size and quantity of the article and add the product and/or service to the cart; – will display the section “cart” which will summarize all the information regarding the products and/or services and know the transport costs before the purchase and payment; – must finalize the purchase by clicking on the appropriate button once the shopping session has ended,; – should also, where necessary, enter the shipping data and, to confirm the order, read and accept these general terms and conditions as well as enter your chosen payment method (credit card, PayPal or bank transfer); – on the next screen (payment) the user must check that the information entered is correct and click on the appropriate button to complete the purchase operation.  Registration to the site is optional and not mandatory. Users will then be able to purchase the products by registering at the site or even without registration (guest). For any registration, the user must specify his personal data and his e-mail address, as well as enter a password of his choice (the latter two will allow access to the site). Once received the purchase order, the Seller will send to the Buyer the receipt of the order containing a summary of the content of the information related to the sale and will proceed to the processing of the order of the purchase, except as provided for in the previous art. 5.5

7. Products and services available

7.1 The products on www.cantinatramosasso.it website can be purchased from the Buyer in the quantities in stock at the time of the order. 7.2 The services/events advertised on the site will be confirmed upon reaching the minimum number of persons indicated on the site. If the minimum number is not reached, Cantina Tramosasso will inform the remaining members/buyers of the cancellation of the event 4 days before the date of the event. In that case the price paid will be refunded. The maximum number of participants in each event is indicated on the event card. Cantina Tramosasso therefore reserves the right to refuse requests for registration beyond the maximum number.

8. Payment 8.1 Payments of the Buyer can only be made through one of the methods shown on the Seller’s website (credit card, PayPal or bank transfer). 8.2 In case of payment through PayPal service, please note that for each purchase the PayPal system automatically charges the amount of € 1.00 to customers who are not registered on the site www.paypal.com. In no case will Cantina Tramosasso be obliged to refund such sums to customers who use Paypal without being registered on the site www.paypal.com. Cantina Tramosasso consequently declines any responsibility in this regard. 8.3 The communications concerning payments and data communicated by the Buyer are made on special protected lines in accordance with the laws in force.

9. Price

9.1 All sales prices of the products and services advertised on the website www.cantinatramosasso.it are expressed in EURO and include VAT.

9.2 All prices of the products and services on www.cantinatramosasso.it website may be subject to change and may be modified by the Seller at any time.

10. Transport costs 10.1 Shipping costs for the Italian territory appear in the cart separately from the cost of the product or service and are subject to change. For purchases of products of a total amount equal to or greater than € 95,00 the shipment will be completely free.

11. Delivery time and method

11.1 The ordered products will be delivered to the chosen address and specified by the Buyer in the purchase order. There are no shipments and/or deliveries outside the Italian territory.

11.2 For the execution of the shipment the courier will be activated within 10 working days from the confirmation of the order. Delivery time is not essential. If it is not possible to ship the goods within the time indicated, the Buyer will be notified promptly by e-mail.

11.3 If at the time of delivery the recipient is absent, a notice will be left and the Buyer will have to take action as soon as possible to contact the courier or freight forwarder in order to arrange a new delivery.

11.4 The Buyer can opt for the “home delivery by appointment” service and in this way can receive the products purchased on the day agreed with the Seller. For this service there is an additional cost and variable this also applies to the delivery requests to the plan.

11.5 No liability may be attributed to the Seller for delayed or failed delivery attributable to force majeure or accidental case. 11.5 For any information or report regarding the shipment of your orders, on Monday-Friday at 09.00-12.00 and 14.00-17.00 you can contact our Customer Service (Italian and English languages) by writing to wwww.cantinatosasso.it or by calling the number + 39 0542 91149

11.6 The services/events advertised on the site will be held on the day indicated on the site www.cantinatramosasso.it, unless as a result of force majeure, accidental case or unavoidable circumstances they cannot take place. In such case Cantina Tramosasso will undertake, if possible, to postpone to other date the event planned notifying in advance the buyers. If it is not possible to postpone the planned event, the amounts paid by the buyers will be refunded.

12. Limitations of Liability

12.1 The Seller shall not be liable for any disruption due to force majeure or unforeseen circumstances, including disruption of the internet network.

12.2 In the same way no liability may be charged to the Seller for any fraudulent and illegal use that third parties may make of credit cards and other means of payment used on the site www.cantinatramosasso.it.

12.3 With reference to the services/events advertised on the website the Buyer declares: – to be fully aware of the possible risks taken while carrying out the proposed activities; – to be 18 or older; – to accept all the conditions required by Soc Agr Tramosasso owner of the domain and the website www.cantinatramosasso.it.; – to discharge the Soc Agr Tramosasso from any responsibility that in any way should arise as a result of its participation in the above activities for any damage suffered by its person and/or property or caused to third parties and/or their property during the activities themselves.

13. Buyer’s Obligations

13.1 The Buyer undertakes to pay the price of the goods and/or service purchased in the time and manner indicated in these general terms and conditions and in the order form sent.

13.2 It is forbidden: to the Buyer to enter false, and/or invented, and/or fictional data in the registration procedure described in point 6; personal data and e-mail must correspond to their real personal data and not of third parties, or of fantasy; – to make double registrations corresponding to a single person; –to enter third parties’ data; to minors to register and purchase goods and/or services.

13.3 In any case, the Buyer (or in the case of minors, who takes the place) assumes all responsibility for the above violations and undertakes to indemnify and keep the Seller free from any injurious consequences, from all losses, damages, liability, costs, charges and expenses, including legal charges, which should be incurred or suffered by the Seller as a result of any failure of the Purchaser to comply with the obligations assumed by the Seller and to the guarantees provided by him with the acceptance of these contractual terms.

13.4 The Seller Soc Agr Tramosasso, owner of the website www.cantimatramosasso.it, reserves the right to prosecute any violation and abuse.

14. Right of withdrawal

14.1 The possibility of cancellation or early withdrawal from the contract by the Buyer is excluded, except as provided for in point 14.3 below, for the Buyer who qualifies as a “consumer” and unless stated in point 15.

14.2 In case of resolution, cancellation or unlawful withdrawal by the Buyer Soc Agr Tramosasso is already entitled to withhold the sums paid by the Buyer as a penalty, except in any case the right to compensation for the greatest damage.

14.3 The Buyer who is qualified as “consumer”, will have the right to withdraw from this contract, without penalty and without specifying the reason, within 14 (fourteen) working days starting from the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the goods ordered or: 1) in the case of multiple goods ordered by the Buyer in a single order and delivered separately, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last good; 2) in the case of delivery of a good consisting of multiple lots or pieces, on the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires the physical possession of the last lot or piece. Before the expiration of the withdrawal period, the Buyer-consumer may exercise the right of withdrawal by informing the Seller of his decision to terminate the contract. To this end, the Buyer may: a) use the form type of “withdrawal” referred to in Annex I, part B, ex art. 49, paragraph 1°, lett. b) D.Lgs. 206/05 (cd. Consumer Code) whose text is available at this link………. b) submit any other explicit statement of his decision to terminate the contract.

14.4 The withdrawal declaration must be sent by registered letter with acknowledgement of receipt to the following address: Cantina Tramosasso Via Raggi 1/b Borgo tossignano (BO) or via PEC to: …………………

14.5 In case of exercise of the right of withdrawal, the Buyer is obliged to return the goods within 14 days from the day on which he informed the Seller of his willingness to terminate the contract in accordance with art. 57 of Legislative Decree no. 206/2005. Goods must be returned to Cantina Tramosasso Via Raggi 1/b Borgo tossignano (BO)

14.6 The direct costs of returning the products shall be borne by the Buyer.

14.7 The goods must be returned intact, in the original package, complete in all its parts and complete with the accompanying tax documentation. Subject to the right to verify compliance with the above, the Seller will refund the amount of the products subject to the withdrawal within a maximum of 14 days, including any shipping costs.

14.8 As provided by art. 56, paragraph 3°, of Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014, the Seller may suspend the refund until the receipt of the goods or until the demonstration by the Buyer of having returned the goods to Cantina Tramosasso. The Seller will refund using the same means of payment chosen by the Buyer during the purchase. In any case, the Buyer undertakes to provide the Seller with his bank details.

14.9 The Buyer acknowledges and accepts that the aforementioned right of withdrawal is recognized, in accordance with D. Lgs. n. 206/2005, only to Buyers who qualify as consumers.

14.10 According to art. 57, c. 2, of Legislative Decree no. 206/2005, the Buyer is responsible for the decrease in the value of the goods resulting from the manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

14.11 The right of withdrawal, in addition to compliance with the terms and conditions set out in points 14.3 and 14.4, will be considered valid and operational, only if the following conditions are met: – the goods purchased must be intact, with no signs of opening and/or tampering and complete with all accompanying documentation; – the goods must be returned sealed and in their original packaging; – the returned goods must be sent to the Seller in a single shipment and not later than 14 days from the day on which the Buyer has notified the Seller of his will to withdraw.

14.12 The Parties stipulate and agree that the requirements of point 14.11 are essential conditions for the exercise of the right of withdrawal.

15. Annulment/cancellation of events/tours and refunds According to art. 59 (exceptions to the right of withdrawal referred to in Articles 52 to 58 of the Consumer Code) paragraph 1° (services concerning leisure activities where the contract provides for a specific date or period of performance)with regard to events/tours, the possibility of withdrawal as provided for in point 14 is excluded. Buyers can still annul/cancel an event and/or tour already purchased online up to 4 (four) days before the date of the event, by sending a written notice to the addresses listed at point 20 or using the appropriate function of the event booking platform. In case of annulment/cancellation within 7 (seven) days/168 hours from the event/tour date the Seller will refund to the Buyer the full amount paid. In case of annulment/cancellation for any reason beyond the above terms indicated by the event/tour, the Buyer shall not be entitled to any refund of the price and/or compensation and/or indemnity.

16. Termination The parties expressly agree that the obligations referred to in points 8.1 and 13.1, assumed by the Buyer, as well as the exact fulfilment of the obligations assumed by the Seller in point 11.1, are essential, and consequently the default of only one of them, if not determined by chance or force majeure, will result in the termination of the contract ex art.1456 c.c.

17. Effectiveness and change of general terms and conditions of sale(GTC). 17.1 These GTCs are published on the website to be read and easily known by the Buyer before making the purchase of a product and/or service, accepted at a time prior to the forwarding of the order of the purchase, stored on your computer and reproduced on paper by printing the file in which they are stored. 17.2 The GTCs applicable to the sale of products and/or services are those published on the website at the date of the order for the products. The Buyer, therefore, will have to carry out the above operations before proceeding to every purchase.

18. Legal guarantee of conformity (artt. 130 e 132 D.Lgs. 206/05) 18.1 The Seller is liable to the Buyer-consumer for any lack of conformity existing at the time of delivery of the goods. In case of receipt of products not conforming to the orders made and/or defective, the Buyer-consumer is entitled without charge to restore the conformity of the product by repair or replacement of the product, in accordance with paragraphs 3, 4, 5 and 6 of the art. 130 Legislative Decree no. 206/05, or an appropriate reduction of the price or termination of the contract, in accordance with paragraphs 7, 8 and 9 of art. 130 D.Lgs. 206/05. 18.2 According to art. 132 Legislative Decree no. 206/05 the Buyer-consumer can exercise this right if the defect occurs within two years of the delivery of the goods and if it is reported to the Seller within two months of its discovery.

19. Storage of the contract According to art. 12, paragraph 1°, lett. b) of Legislative Decree no. 70/2003, the Seller informs the Buyer that every order sent is kept in digital/paper form on the server/at the Seller’s premises, according to criteria of confidentiality and security.

20. Communications and Complaints Written communications to the Seller and any complaints will be considered valid only if sent to the following address: “Cantina Tramosasso Via Raggi 1/b Borgo tossignano (BO)” or to the e-mail address Cantinatramosasso@gmail.com or the Buyer shall indicate in the registration form his residence or address, telephone number or e-mail address to which he wishes the Seller’s communications to be sent.

21. Applicable law and jurisdiction. ODR (Online Dispute Resolution: alternative dispute resolution method) 21.1 All disputes relating to the application, execution, interpretation and violation of online purchase contracts concluded through the www.cantinatramosasso website will be governed by these general conditions and subject to Italian law; and this even if performed in whole or in part abroad. In any case, if the Buyer is a consumer, the competent court is that of the consumer’s place of residence or domicile, if located in Italy. If the domicile of the Buyer–consumer or his residence are not within the Italian territory, the competent court will be that of performance of the contract. For all other hypotheses, the Court of Bologna is the exclusive territorial jurisdiction. 21.2 In accordance with art. Reg. 14 EU No. 524/2013 please note that the user has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between seller and consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and Reg. EU n. 524/2013, in order to facilitate the resolution of extrajudicial independent, impartial, transparent, effective, expeditious and equitable disputes concerning contractual obligations arising from online sales or service contracts between a consumer resident in the Union and a trader established in the Union through the involvement of an ADR entity (alternative dispute resolution method) that has adhered to it, selectable from a special list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative resolution procedure of a dispute related to this contract, you can access the following link: http://ec.europa.eu/odr. The seller’s e-mail address to be indicated in the European ODR Platform is as follows: umbertocesarisrl@legalmail.it. 21.3 In the event of failure to comply with the attempt at conciliation referred to in art. 21.2 or such an attempt should be unsuccessful, for any dispute concerning the application, execution and interpretation of these General Conditions of Sale the competent court, in case of user who has the quality of consumer, is the one referred to in point 21.1.

22.Confirmation of acceptance of the general terms and conditions of sale and unfair terms The computer system related to the completion of the order is such as to prevent the confirmation and validation of the order itself in the absence of an explicit command given by the Buyer and to confirm that the conditions of sale and unfair terms have been read by the Buyer.