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Conditions of sale
GENERAL TERMS AND CONDITIONS OF SALE

The products marketed on the Website, bottles of wine, accessories and other typical food products (“Products”) are offered and sold by Società Agricola Officina del Sole s.r.l, having its registered office at Via Sicilia 1, 63074 San Benedetto del Tronto (AP), Italy, listed in the Companies Register of Ascoli Piceno with REA no. AP-191043, VAT and tax code no. 02010690440.

Online purchases: definitions and subject matter of the contract

1.1 The Supplier of the products is Società Agricola Officina del Sole s.r.l., hereinafter referred to as the “Company”, having its registered office at Via Sicilia 1, 63074 San Benedetto del Tronto (AP), Italy.
1.2 The term “Website” refers to the website www.officinadelsole.it, reserved for the sale of the products of Società Agricola Officina del Sole s.r.l..
1.3 The term “Online” purchase agreement refers to the distance agreement, the legal transaction concerning movable goods and/or services, entered into between the supplier, “Società Agricola Officina del Sole s.r.l.”, and a consumer/customer within the context of a distance sales system organised by the supplier who, for the purposes of this Agreement, uses exclusively the distance communication technology called “Internet”.
1.4 Therefore, all contracts will be concluded directly through access by the consumer/customer to the website corresponding to the address www.officinadelsole.it where, following the indicated procedure, will conclude the agreement for the purchase of goods.
1.5 The term “Consumer” refers to the natural person who purchases the goods and services for purposes not directly related to the professional activity carried out.
1.6 The term “Order” refers to the request form of the goods on sale, filled in by the Customer through the Website. The “Products” are the goods on sale on the Website, according to the General Terms and Conditions of Sale. The “Price” is the consideration for the sale of the products.
1.7 The “Parties” are “Società Agricola Officina del Sole s.r.l.” hereinafter referred to as the “Company” and the purchaser hereinafter referred to as the “Purchaser” or “Customer”.

Applicable Laws and Regulations

2.1 Purchases made on the website www.officinadelsole.it are regulated by these General Terms and Conditions of Sale, by the terms specified from time to time on the aforementioned website on the date of concluding the agreement (price list, type, technical characteristics), as well as by the provisions of Italian Legislative Decree no. 206/ 2005 on consumer protection (Articles 45-68 on distance contracts, and Article 128-135 on the guarantee of conformity of goods), and finally by the provisions of Italian Legislative Decree no. 70/2003 on e-commerce.
2.2 These General Terms and Conditions of Sale are an integral and substantial part of the Agreement: before sending the order, the Customer is therefore invited to carefully read these General Terms and Conditions of Sale and the information described herein, printing or saving them on another durable medium accessible to the Customer.
2.3 The sending of the order by the Customer constitutes acceptance of these applicable General Terms and Conditions of Sale, which are published on the website www.officinadelsole.it at the time the Customer submits the order.
2.4 The items on the website can be purchased, subject to availability of stock, only by those who have reached eighteen years of age.
2.5 The General Terms and Conditions of Sale can be amended at any time. Any amendments and/or new terms will enter into force from the moment they are published on the Website in the “Terms of sale” section. Users are therefore invited to regularly access the Website and consult the latest version of the General Terms and Conditions of Sale before making any purchase.

Obligations of the Customer

3.1 Once completed the online purchase process, the Customer undertakes to print and store these general conditions and the specifications of the purchased product, after reading and accepting them as an obligatory step in the purchase.
3.2 At any time, these General Terms and Conditions may be updated or amended by the Company, which shall publish a notification on the Website. The Consumer agrees and undertakes to print and store General Terms and Conditions, whenever they are amended.
3.3 The Purchaser shall not enter false and/or invented information during the registration process that is necessary to activate the procedure for the execution of this Agreement and further communications pertaining to it; the full personal data and email addresses of the Purchaser must be real and not invented or belonging to third parties.
3.4 It is expressly forbidden to create two accounts belonging to the same individual or enter third parties’ information.
3.5 The Company Directors reserve the right to pursue legally any violation and abuse in the interest and for the protection of all consumers.
3.6 The Customer holds the Company harmless from any liability arising from the issuing of incorrect fiscal documents, due to errors in the data provided by the Customer, being the Customer solely responsible for the correct insertion.

Prices

4.1 The prices displayed on the Website www.officinadelsole.it are in euros, including VAT and any other tax and charge, and refer only to the products sold online.
4.2 The price applied will be that applicable at the time of the order, regardless of any subsequent price increases or decreases (e.g. due to promotions occurred later).
4.3 The Company reserves the right to vary the prices of the products without notice: any new amounts will be applicable from the moment they are published on the Website www.officinadelsole.it and will be applied to sales made from that moment on.
4.4 Shipping costs are added to the price: these costs will be calculated based on the weight and quantity of the products and the destination of the order; in case of delivery abroad, any additional costs due to taxes or duties provided by law in the State of destination will be borne by the Customer.
4.5 The total amount of the order (price + shipping costs) will be visible before confirming the purchase.
4.6 The tax documentation will be issued by the Company upon delivering the products: it will specify the products purchased and their prices in detail.

Product characteristics and availability

5.1 The characteristics of the products are visible online at the time of submitting the order.
5.2 The Company displays the products in the most truthful and accurate way possible; colours, as well as other visual characteristics of the product displayed may, however, vary according to the user’s monitor or for other technical reasons not attributable to the Company which, therefore, does not guarantee that the colours and other technical and visual characteristics reproduced on the screen perfectly correspond to reality.
5.3 The type of products published online and their availability (an indication that should not be considered as binding) may vary at any time without the Company being held liable.
5.4 The IT system of “Società Agricola Officina del Sole s.r.l.” is designed to ensure the prompt fulfilment of orders and prevent the Customer from waiting unnecessarily; indeed, it shows the physical availability of the product in its electronic catalogue in real time. If an order exceeds the quantity available in the warehouse, the Directors of the Company will inform the Customer of the product future availability; if the product will be available, the system allows to bring in cash, purchase and receive within the set time only the quantities in stock.

Procedures for concluding the Agreement and orders

6.1 The purchase agreement can be concluded exclusively online through the exact compilation of the order and the subsequent consent to the purchase by the Customer according to the procedures indicated on the Website.
6.2 The Customer agrees and undertakes, once concluded the online purchase procedure, to print and keep these General Terms and Conditions of Sale as well as the specifications of the purchased product, provided on the Website.
6.3 After receiving the order, the Company will send to the Customer an e-mail confirming the order and summarising the details of the order within 3 working days. The Customer shall print the email and store it.
6.4 The Agreement will be considered as concluded when the Customer receives the order confirmation.
6.5 If the Customer does not receive an order confirmation within the period of time mentioned above, the Company shall consider the respective order as not accepted and therefore void.
6.6 The orders received will be stored in the online store database, according to the terms and subject to the provisions of Italian Legislative Decree no. 196 dated 30.06.2003 (“Privacy”) and will be accessible by writing to the Company at the following email address: info_privacy@officinadelsole.it

Payment methods

7.1 After receiving the confirmation of the order by the Company, the Customer shall make the payment of the price according to the following terms and specifying the order number in the reason for payment.
- Credit card: during the checkout process, select the type of card (Visa, Visa Electron, Maestro, MasterCard, Aura and JCB) and enter the requested information. The amount will be charged at the time of shipment.
- PayPal: to buy online without the need to enter your credit card or bank details on the Website. The account will be debited upon fulfilling the order. If you already have a PayPal account you just need to log in, otherwise visit the website paypal.com to sign up for a new PayPal account.
7.2 Since orders can be placed only by customers of age, the Company will not be held liable for orders made by minors without the permission of their parents.
7.3 The order will be shipped upon receipt of the payment. If the payment is not received within 5 days of placing the order, the order will be cancelled.

Payment security

8.1 The payment transaction takes place on a secure page that uses SSL (Secure Socket Layer) certificates, a system which guarantees the maximum security for online transactions and the related monetary transactions take place through the Braintree payment gateway (PayPal Group).
8.2 To protect the Customer’s purchases made by credit card, at each order, the Customer will be asked to enter the CVV code. This security system ensures that the data of the Customer’s credit card are totally illegible to third parties.

Shipment and delivery

9.1 The Company is not required to ship the products until it has received the full payment of the price.
9.2 The Company guarantees delivery within 3 working days for orders placed Monday to Friday before 11:00 a.m. Working days are from Monday to Friday.
9.3 Delivery may take an additional day for the regions of Basilicata, Campania, Calabria, Apulia and the islands.
9.4 Deliveries are made during office hours from Monday to Friday, excluding public holidays. The courier will make 3 delivery attempts; after the third attempt, the order will be sent to the warehouse.
9.5 All orders are processed automatically and we are not able to change shipping and delivery times.
9.6 Bartolini is the authorised courier for the Company’s shipments.
9.7 Shipment is free for purchase orders over €89.90, while for lower orders shipment costs €9.90.
9.8 The Customer will be kept up-to-date during the entire duration of the transaction. From the moment of submitting the order, the Customer will receive an order tracking number and the web link to follow the delivery status of the shipment online and to know on which date to expect the order.
9.9 If the Customer’s information specified in the order is incomplete or incorrect (therefore, making delivery impossible), the Company will contact the Customer before processing the order.
9.10 The Company will not be held liable for any delay attributable to the courier’s fault. Upon receiving the product, the Customer or the person in charge must check that:
the package and its seal are intact, not damaged, wet or altered: any complaints must be reported to the courier and notified at the time of signing the acceptance by writing “Goods accepted subject to verification”; otherwise the parcel will be considered as having been delivered correctly; the products correspond to the description in the transport document and/or invoice both for quantity and type; any complaints must be notified to the courier and notified at the time of signing the acceptance by writing “Goods accepted subject to verification”; otherwise the content of the parcel will be considered as free from defects.

Contract termination and express termination clause
10.1 The Company is entitled to terminate the Agreement concluded simply by notifying the Customer and providing suitable, justified reasons; in such case, the Customer will be exclusively entitled to the reimbursement of any sum already paid.
10.2 The obligations assumed by the Customer pursuant to Art. 3 (Obligations of the Customer), as well as the guarantee of successful payment that the Customer makes with the means referred to in Art. 7, are essential, therefore by express agreement, the Customer’s failure to fulfil even one of these obligations will result in the termination of contract ipso jure pursuant to Art. 1456 of the Italian Civil Code, with no need for a judicial pronouncement, without prejudice to the right of the Company to bring legal proceedings to obtain compensation for any further damage.
10.3 The Company reserves the right, following any logistic and/or organisational and/or technical difficulties, to cancel the order by notifying the Customer via email within 30 days of the Customer’s order submission: in this case, the Customer will not be entitled to any compensation for damage, without prejudice to the right to a refund of any amount already paid.

Right of withdrawal, complaints and requests to replace the product

11.1 Customer satisfaction is the Company’s main priority. If, for any reason, the Customer is not entirely satisfied with the purchase, the order can be returned within 14 days from the date of delivery and the Customer can receive a refund for the products returned or their replacement. The right of withdrawal is the right of natural persons acting for purposes not directly related to the professional activity they perform. Retailers and companies are, therefore, excluded from this right.
11.2 The items must be returned within 10 days from the date of sending the notification of withdrawal, in perfect condition without any sign of use, in their original packaging and the labels must not be removed.
11.3 To exercise the right of withdrawal it is necessary to send a mail at resi@officinadelsole.it
11.4 The costs of returning the items will be borne by the Customer.
11.5 Any complaints may be forwarded using the contact form on the Website or by registered letter with acknowledgement of receipt addressed to Società Agricola Officina del Sole s.r.l., Via Sicilia 1, 63039 San Benedetto del Tronto (AP) – Italy

Refund

12.1 The refund of the amount spent depends on the method of payment chosen at the time of purchase:
- the refund will be made directly via PayPal if payment was made using PayPal;
- payment by Credit Card.
12.2 No refund can be made to other cards than the ones used to make the purchase.
12.3 The Company will proceed to refund the cost of the goods shipped, within the terms of the law (30 days), only after having received the goods and checked that all requirements have been met.
12.4 The refund does not include the transportation costs of the goods to be returned.

Guarantees and responsibilities

13.1 The Company does not assume any responsibility for disservices due to force majeure and/or unforeseen circumstances such as accidents, thefts and/or robberies to the courier responsible for delivery, fires, explosions, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, wholly or in part, to comply with the terms agreed in the contract.
13.2 The Company is not liable for damage, loss and costs suffered by any party due to failure to fulfil the contract as a result of the aforementioned causes, since the Consumer is only entitled to the reimbursement of the price paid.
13.3 Likewise, the Company is not liable for any fraudulent and unlawful use by third parties upon payment of the products purchased.
13.4 The Company guarantees that the products are free from any defects. Should the Customers find any defect in the products purchased, they must report it within two months from the date on which they discovered the defect (Art. 132 of Italian Legislative Decree no. 206/2005 – Consumer Code).
13.5 More generally, the Customer is entitled to the consumer rights referred to in Art. 130 of Italian Legislative Decree no. 206/2005; these rights must be exercised within the terms referred to in Art. 132 of Italian Legislative Decree no. 206/2005.

Limitations of Liability

14.1 The Company shall incur no liability if, due to unforeseeable circumstances or force majeure, it fails to fulfil the order within the period of time set in Art. 6.3 above or any disservice occurs.
14.2 The Company shall not be liable to the Customer, except in the event of errors made intentionally or by serious negligence, for disservices or malfunctions related to the use of the internet beyond the control and management of the Company.
14.3 The Company shall not be liable for damage, loss and costs suffered by the Customer due to failure to fulfil the contract for reasons not attributable to the Company, since the Consumer is only entitled to the full reimbursement of the price paid.
14.4 The Company is not liable for any fraudulent and unlawful use by third parties of credit cards, cheques and other means of payment, upon paying the products purchased, if it proves to have adopted all possible precautions based on the best knowledge and experience available at the time.

Jurisdiction – Competent Court

15.1 The contracts entered into by the Company are considered as concluded in Italy and governed by Italian law. Any dispute regarding the application, execution, interpretation and violation of the purchase contracts concluded online via the Website www.officinadelsole.it is subject to Italian jurisdiction.
15.2 For anything that is not expressly provided in these General Terms and Conditions, reference must be made to the provisions of the Italian Consumer Code.
15.3 Any dispute between the parties concerning this Agreement will fall under the jurisdiction of the Court in whose district the consumer has its place of residence or domicile, if located within the territory of the Italian State;
15.4 In all other cases, the Court of Fermo will have exclusive territorial jurisdiction, with the exclusion of any other Court.

Authorisations

16.1 By filling in the personal details during the purchase procedure required to register the Customer and activate the procedure for the implementation of this Agreement and any further notification, the Customer authorises “Società Agricola Officina del Sole s.r.l.” to provide common personal data (as defined in Art. 7 of Italian Legislative Decree no. 679/2016) to couriers and/or shippers for the delivery of the goods purchased, enabling the procedures necessary for delivery.

Privacy Policy

17.1 For privacy Policy please click here

Copyright

The trademarks, logos and other distinguishing signs on the Website belong to their respective owners. It is forbidden to use trademarks, logos and other distinguishing signs, including their reproduction on other websites by unauthorised third parties. The contents of the Website are protected by copyright (texts, images and graphics).

Agreement

19.1 This Agreement replaces all previous contracts, agreements and understandings made between the parties and constitutes the entire agreement between the parties regarding the subject matter of the contract, together with the order, the general conditions on the use of the Website and the terms concerning the registration service. Any variation or amendment made to this Agreement must be accepted in writing by both parties.

Communications

20.1 All communications between the parties must be made in writing and sent to the address of the other party specified in the Agreement and in the order. The communications sent to the email address of the other party, specified on the Website and in the order, will also be considered as sent in writing.
20.2 All communications concerning the validity or the existence of this Agreement must be exclusively delivered by hand or sent by registered letter with acknowledgement of receipt.
Invalidity and/or Ineffectiveness

21.1 Any supervening invalidity and/or ineffectiveness of one of these conditions does not affect the validity or effectiveness of the others. The condition that may be held or become invalid or ineffective, either wholly or in part, for any reason: (a) will be deemed severable from the context of these terms of sale without affecting their validity; (b) if possible from the context, it will be considered as replaced (if necessary, only for the Country involved) by another agreement or provision that is valid and effective, the content of which is as similar as possible to the condition that has become or is held invalid or ineffective).

SPECIFIC APPROVAL

Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Parties declare to having carefully examined and to specifically approve the content of the following Articles:
Art. 4.3 (Company’s right to vary the prices of the products);
Art. 5.3 (Company not liable for product variation and availability);
Art. 3.1 and 3.6 (Customer’s obligation to print and store these General Terms and Conditions of Sale as well as the specifications of the purchased product provided on the Website upon completing the online purchase procedure);
Art. 6.4 (Time of conclusion of the Agreement);
Art. 6.5 (Non-conclusion of the Agreement in case of non-receipt of the order confirmation by the Customer);
Art. 7.4 (Right of the Company to cancel orders);
Art. 7.1 (Customer’s obligation to pay the price before the products are shipped);
Art. 9.1 (Company’s right not to ship the products until it has received the full payment of the price);
Art. 10.1 (Company’s right to terminate the Agreement by simply notifying the Customer and providing adequate and justified reasons);
Art. 10.2 (Essential nature of Customer’s obligations);
Art. 10.3. (Company’s right to cancel the order);
Art. 9.10 (Company shall not be liable in the event of delays attributable to the courier’s fault);
Art. 9.10 part one (Customer’s obligation to verify that at the time of delivery the parcel and its seal are intact, not damaged, wet or altered, or, if accepted without verification, considered as if properly delivered);
Art. 9.10 part two (Customer’s obligation to verify that at the time of delivery the products correspond to the description in the transport document and/or invoice both for quantity and type, and free from defects if accepted without verification);
Art. 11.1 (Right of withdrawal and the end of the year);
Art. 11.3 (Procedures for exercising the right of withdrawal);
Art. 11.2 (Customer’s obligation to return the product undamaged, in its original packaging, complete in all its parts, no later than days 10 from the date of sending the notice of withdrawal);
Art. 12.2 and 12.3 (Refund period for the sums paid by the Customer);
Art. 12.4 (Product replacement not envisaged);
Art. 12.5 (Customer’s obligation to bear the costs of returning the product);
Art. 14.1 (Company not liable if, as a result of unforeseeable circumstances or force majeure, it fails to fulfil the order within the period of time provided by Art. 6(3) or any further disservice occurs);
Art. 14.2 (Company is not liable for disservices or malfunctions related to the use of the internet beyond the control and management of the Company);
Art. 13.2 (Company is not held liable for damage, loss and costs suffered by the Customer due to failure to fulfil the contract for reasons not attributable to the Company);
Art. 14.4 (Company is not liable for any fraudulent and unlawful use by third parties of credit cards, cheques and other means of payment, upon paying the products purchased, if it proves to have adopted all possible precautions based on the best knowledge and experience available at the time);
Art. 15 (Jurisdiction)
Art. 15.4 (Competent Court in the case the Customer is resident or domiciled outside of Italy);
Art. 21 (Invalidity and/or Ineffectiveness of the clauses).