1. General ConditionsThese general conditions of sale (hereinafter, “General Conditions” ) have as their object the regulation of e-commerce sales through the site www.marronaia.com (hereinafter, the “Site”) in compliance with Italian regulations of Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, “the Consumer Code”). Website Owner and legal entity is: AZ.AGR. PODERE LA MARRONAIA Podere la Marronaia 14 57037 – SAN GIMIGNANO (SI) P.IVA 01012600522 [email protected] (di seguito “La Marronaia”). The Consumer through www.marronaia.com site has the ability to: Learning about the accommodation and request availability Discover packets and commercial offers and request availability Buy products via e – commerce The Consumer who buys in e-commerce (hereinafter “Consumer”) accepted the Terms and Conditions that have been made available on the Website and will be available from the Consumer even through the link in the email confirmation of each order. Contracts concluded through www.marronaia.com site are governed by these Terms in accordance with Italian law .
2. Accommodations and Wine Tasting availability requestsThe Consumer will be informed about the commercial offers proposed by La Marronaia asking availability by a dedicated form. La Marronaia will manage the requests via e-mail. The request form is not an e-commerce sales, therefore any rules on withdrawal or any other e-commerce rules is not considered valid for that transaction.
4. Product InformationThe information, the characteristics relating to the Products and prices are available on the Website in the product data sheets . The visual representation of the Products has the purpose of presenting them for sale. In any case always prevail the description of the product.
5. Prices and ShippingProduct prices are displayed in Euro and include all taxes and fees. The Marronaia reserves the right to change the prices displayed. For orders placed will attest the advertised price at the time of order confirmation. The shipping costs depend on the country of destination and the order composition (amount bottles and / or weight products). The costs of expeditions applied for online sales are lowered for promotional purposes than the costs applied to shipments of order booked physically in place. The minimum can be requested to close the sale is 6 bottles. The shipping costs are declined for multiple classes of 6 (eg. 6, from 7 to 12, 13 to 18 …). Shipping in EU The EU countries are split into clusters of delivery areas: − EU 1: Germany, France, Austria, Belgium, Luxembourg, Netherlands, Denmark, Spain, Italy − EU 2: UK and Slovenia − EU 3: Finland, Portugal, Ireland, Sweden − EU 4: Greece, Croatia, Czech Republic, Slovakia, Poland, Hungary, Bulgaria, Estonia, Latvia, Lithuania, Romania The shipping costs depend on the area and the composition of orders. See attached table. All shipments to any EU clusters are free for orders starting at number 24 bottles. Shipments out of EU The extra-EU shipments are planned exclusively for the countries: − USA − Canada − Australia and New Zealand − Asia: Hong Kong, Japan, Singapore The shipping costs depend on the area and the composition of orders. See attached table.
6. Payment and BillingPayment methods Only Credit Card is accepted as Payment method.
7. Transport and deliveryThe Products purchased on the Site will be delivered to the address defined by the Consumer during the purchase procedure. The items purchased will be delivered by courier ( hereinafter, “Courier”) from Monday to Friday, except public holidays and national holidays. La Marronaia reserves the right to choose the carrier on the basis of agreements with them. The Marronaia is not responsible for unforeseen delays not depending form its own responsibility. Once the products are shipped, the Consumer will receive a confirmation email that will including a link for the order tracking. The couriers used by the Consumer are Bettolle MBE , MBE Empoli , Arrows Wraps.
8. Right of withdrawalThe Consumer (i.e. a person who buys goods for purposes not related to business or professional activity, or without indicating a VAT number) can exercise the withdraw from the purchasing within 14 days from the date of receipt of goods. The Product must be returned in its original packaging and in a state of perfect cleanliness. It ‘also possible to exercise the right of partial withdrawal of an order. The Consumer can activate the procedure of withdrawal by completing the Form enclosed at the end of these Terms and Conditions and notify it by presenting an explicit request by a registered letter sent to AZ.AGR. PODERE LA MARRONAIA, Podere la Marronaia 14, 57037 – SAN GIMIGNANO (SI) or by certified e-mail at [email protected], by specifying how the causal object “Right of withdrawal”. The notice shall include: • The data necessary for the identification of the order (order number) • The Consumer’s expressed willingness to withdraw • The products for which the Consumer intends to use the Right to Return • A copy of the transport document (scan) • Bank details for the refund According to the Italian “Consumer Code” D.Lgs 206/2005 the withdraw can excluded in cases of exclusion provided by law (see 8.1). The products must be shipped using the original packaging to the delivery address is the address specified for the company The Marronaia. The shipping costs of the Products to withdraw remain at Consumer expense. The refund will be made within 30 days of receipt of products from the company The Marronaia, after an integrity check.
8.1. Esclusioni Diritto di RecessoThe Withdrawal right is excluded in the following cases, in accordance with art. 59 Legislative Decree 21/2014: • Order of products packaged clearly personalized; • Order products which are liable to deteriorate or expire rapidly; • Order of sealed products that are not suitable for return due to hygienic reasons or due to health protection or if • opened after delivery; • Order damaged or altered as a result of delays caused by the Consumer; • Order is not delivered to the Consumer for their absence from the address designated as the shipping destination The products that “are liable to deteriorate or expire rapidly” are all fresh food products and / or short-term, since the characteristics and the qualities of these types of products are subject to alteration also as a result of improper storage. Therefore, for reasons of hygiene and Consumer protection, the right of withdrawal is applicable only for Products purchased on the Site which can be returned to La Marronaia and put back on the market without endangering the health of consumers. In cases of exclusion of the right of withdrawal, the Marronaia will return to the Consumer the Products purchased by charging the purchasing shipping costs.
9. Legal Warranty and Lack of ConformityThe Seller is liable for any lack of conformity which becomes apparent within two years from delivery. For the purposes of this contract it is assumed that the consumer goods comply with the contract if: a) the products are fit for the purposes for which goods of the same type are normally used; b) the products comply with the description given by the Seller and matches the qualities of goods presented to the Consumer in the description; c) the products show the quality and performance which are normal in goods of the same type, reasonably expected by Consumer, given the nature of the goods and on the specific characteristics of the goods made about them by the seller, particularly in advertising or labeling. The Consumer has no right if it doesn’t denounces the lack of conformity within two months from the date the defect or defect was discovered. In case of lack of conformity, the Consumer may ask, alternately and without charge, under the conditions specified below, the replacement of the item purchased, a reduction of the purchase price or the termination of this contract, unless the request does not objectively impossible to satisfy or it is prohibitively expensive for the Seller according to art. 130, paragraph 4, of the Consumer Code. The request should be sent by registered mail with return receipt, to the seller, who will indicate their willingness to act on the request, or the reasons that prevent him from doing so, within 7 working days of receipt. In the same communication, if the Seller has accepted the request, are indicated the method of delivery of the defective goods. If repair and replacement are impossible or excessively expensive, or the Seller has not taken steps to repair or replace the goods within the period referred to in the preceding, the Consumer may request, at its option, an appropriate reduction of the price or termination of contract. The Consumer shall in such case give its request to seller, who will indicate their willingness to act on the same or the reasons that prevent him from doing so, within 7 working days of receipt. In the same communication, where the seller has accepted the request must indicate the reduction of the proposed price or the arrangements for return of the defective goods. In such cases the Consumer will indicate the details for the crediting of amounts previously paid to the Seller.
10. ComplaintsAny complaint, which does not concern the right of withdrawal or guarantee for differences regulated by special items, will be forwarded to The Marronaia using references in the ” Contacts ” accessible directly on the website or by telephone at . +39 0577 907 265 or by registered letter A / R to the following address : c.a. Loc . Strada , Podere La Marronaia 14-53037 San Gimignano (SI ) – Italy The Marronaia is committed to respond to all requests within a maximum of 7 working days .
11. Privacy and data treatmentThe Marronaia protects the privacy of its customers and guarantees that Consumer data is in accordance with the provisions of the privacy legislation of Legislative Decree no. June 30, 2003, n. 196. The delegate for the treatment of the data is indicated in the person of Mr Pietro Dei, with the same location and contact details of La Marronaia as indicated art.1, to which the customer may direct every request regarding the treatment . The personal data collected directly and / or through third parties by the Marronaia, process owner through the delegate indicated, are collected and processed in electronic form, in relation to methods of treatment with the purpose of registering the order and activate the procedures for the execution of this contract and the necessary communications in addition to the fulfillment of any legal obligations, as well as to enable effective management of business relationships to perform the best service required. The Consumer, by sending the order and subsequent acceptance of the present sales conditions, authorizes the Marronaia to transmit the data provided exclusively to PICO Società Agricola di Pietro e Corrado Dei, PICO Società Agricola di Pietro e Corrado Dei Via Martiri di Citerna 2, Le Colonne 53037 SAN GIMIGNANO (SI) P.IVA 01416540522 having the same physical person authorized for the data tratment, identified in Mr Pietro Dei. These data will be used for the same purposes here also authorized for the other legal entity . The Marronaia undertakes to treat as confidential data and information submitted by the consumer and not disclose them, if not authorized, and not to use them for purposes other than those for which it was collected or to transmit them to third parties other than those indicated. Personal data will be disclosed after signing of a confidentiality agreement, only to third parties who carry out activities necessary for the execution of the contract (eg courier) and disclosed only for that purpose. The Consemer has the rights under Article. 7 of Legislative Decree no. 196/2003, and that is the right to obtain: a) updating, rectification or integration of data; b) the cancellation, anonymization or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed; c) certification that the operations in letters a) and b) have been notified, also as regards their content, to those to whom the data have been lawfully communicated or disclosed, except where such compliance It proves impossible or involves a manifestly disproportionate to the protected right. The Consumer has the right to refuse, in whole or in part, the processing of personal data, pertinent for collection purposes, for the purpose of sending advertising materials or direct selling or for carrying out research of market or commercial communication. The communication of personal data by the customer is a necessary condition for the proper and timely execution of this contract. Failing that, it can not be given with a request by the Consumer. In any case, the data collected will be kept for a period of time not exceeding the necessary for the purposes for which it was collected and subsequently processed. Any communications sent to the address of The Marronaia mail (including electronic), outside of the purchasing procedures (requests, suggestions , ideas , information, etc .) will not be considered confidential information or data, must not violate rights of other persons and must contain valid information, must not harming rights of other persons, in any case can not be attributed to the Seller any responsibility for the content of messages.
12. JurisdictionThe sales contract between the Consumer and the Marronaia is concluded in Italy and regulated by Italian law. For the solution of disputes concerning the interpretation, the performance or termination of these Terms and Conditions or individual purchase orders if the customer is a consumer under the Consumer Code , it will be referred exclusively to the jurisdiction of his town of residence or domicile if located in Italian territory; in all other cases, the jurisdiction refers to the residence of La Marronaia, any other competent court is excluded.
13. Online Consumer Dispute ResolutionFor customers residing in Europe, the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve extra-judicial dispute relating to and / or arising from contracts of sale of goods and services entered into the network. The platform is available at the following link ( http://ec.europa.eu/consumers/odr/ ) . The Marronaia promotes resolving disputes out of court according to this procedure.
According to art . 1341 and 1342 of the Civil Code the Consumer declares to have read and accepted the following articles of these General Conditions : 3. Purchasing Procedure (e-commerce) 4. Product Information 5. Prices and Shipping 6. Payment and Billing 7. Transport and delivery 8. Right of withdrawal 9. Legal Warranty and Lack of Conformity 10. Complaints 11. Privacy and data treatment 12. Jurisdiction 13. Online Consumer Dispute Resolution