CONDITIONS OF SALE AND PRIVACY
1. Subjects.
Supplier: the company Tenuta Gorghi Tondi s.a.s. di Annamaria e Clara Agata Sala Soc. Agr, with registered office in via Sanità, 29/b - 91025 Marsala (TP) - P. IVA 01983130814 (hereinafter referred to as Supplier).
Customer: the person identified by the data entered upon registration and acceptance of these general conditions (hereinafter referred to as Customer).
2. Object of the service.
Through the e-commerce service, the Supplier provides the Customer with a virtual shop from which he can view and purchase wines produced by the Supplier. The Customer may view the Supplier's electronic catalogue and offers and make purchases from the Supplier according to these sales conditions.
3. Acceptance of the general terms and conditions of sale.
All contracts will be concluded directly by accessing the Internet site corresponding to the address www.gorghitondi.it, where the customer can conclude the contract for the purchase of the desired product by carefully following the instructions and procedures provided.
These general terms and conditions of sale are an integral and essential part of the contract of sale, which is why they must be examined "on line" by the Customer before completing the purchase procedure. Submission of the order confirmation therefore implies full knowledge of them and their full acceptance.
The general terms and conditions of sale may be updated or amended at any time by www.gorghitondi.it, which will give notice thereof via the pages of the website.
By electronically sending the confirmation of his purchase order, the customer unconditionally accepts and undertakes to observe, in his relations with www.gorghitondi.it, the general conditions of sale, including the payment conditions set out below, declaring that he has read and accepted all the information provided.
4. Prices and warranty.
All sales prices of the marketed products are displayed and indicated on the website www.gorghitondi.it, and they constitute an offer to the public pursuant to Article 1336 of the Civil Code.
Unless otherwise stated in writing, all prices indicated are to be understood as "including VAT" and are expressed in Euros (EUR). Shipping costs shall be excluded from the price of the products and, indicated separately, shall be borne by the Customer.
The validity of the indicated prices is always and only that indicated by the procedure at the time of placing the order with the Supplier.
An invoice is issued for each order and will be sent with the goods. The supplier is not responsible for taxes imposed by other countries.
5. Payment.
The customer has a choice between different payment methods:
a) Advance bank transfer
b) PayPal
The purchase contract is finalised by the exact completion and consent to the purchase manifested through the adhesion given "on line", subject to the successful completion of the payment.
6. Purchase Orders.
Each order is marked with an order number and contains an indication of the date it was submitted to the system, details of the items purchased, shipping charges and individual prices including VAT in Euro, and a summary of the total costs including VAT.
Receipt of the order in its information system does not bind the Supplier until it has sent written confirmation by e-mail to the address communicated by the Customer during initial registration.
7. Prices, modalities and delivery times.
The Supplier shall make shipments by post or courier. Shipping costs and other charges that may be connected with the transport and/or shipment of the products are invoiced and detailed in the order confirmation and purchase invoice.
Upon receipt of the goods at his domicile, the Customer shall check the integrity of the package and the correspondence in quantity and quality with what is indicated in the accompanying document.
The purchased goods shall be delivered within the terms set forth in Article 54 of Legislative Decree 205/06. No responsibility can be attributed to www.gorghitondi.it for delayed or non-delivery attributable to force majeure or fortuitous events.
8. Obligations of the Customer.
The Customer undertakes and commits himself/herself, once the "on-line" purchase procedure has been completed, to print and keep these general terms and conditions, which, moreover, he/she will have already viewed and accepted as a compulsory step in the purchase, as well as the specifications of the product to be purchased, and this in order to fully comply with the condition set forth in Articles 52 and 53 of Legislative Decree 205/06.
It is strictly forbidden for the Customer to enter false and/or invented and/or fictitious data in the registration procedure required to activate the process for the execution of this contract and further communications; the personal data and e-mail address must be exclusively the Customer's own real personal data and not those of a third party, or fictitious data.
It is expressly forbidden to enter the data of third parties. The supplier reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.
The Customer indemnifies the Supplier against any liability arising from the issuance of erroneous tax documents due to errors in the data provided by the Customer, as he is solely responsible for their correct entry.
9. Complaints, Shipping delays, Replacement of product delivered in error.
The Customer may verbally communicate any problems (delivery errors, misdeliveries or delivery delays) to the telephone number 0923 719741, or to the e-mail address ecommerce@gorghitondi.it, or by fax to 0923 719741.
If a product other than the product ordered and purchased has been delivered due to a mere material error, the Customer has the right to obtain a replacement product, provided that the Customer reports the problem in writing (according to one of the methods described in this article) no later than five days from receipt of the product. In this case, the Supplier will replace the product once it has received the returned goods and checked the condition of the goods, and will then proceed to send the correct product. All items must be returned and received by Tenuta Gorghi Tondi intact and in the same condition in which they were received, in their original packaging. In this case, the return and forwarding costs shall be borne by the Supplier.
10. Right of Withdrawal.
Pursuant to Art. 64 of Legislative Decree 205/06, the Customer may exercise the right of withdrawal and return the product received, in accordance with the terms and procedures set out below.
A customer who, for whatever reason is not satisfied with the purchase made, has the right to withdraw from the contract entered into, without penalty and without specifying the reason, within a period of 10 working days from the day of receipt of the purchased product, by sending, within the aforementioned period, written notice of withdrawal in the following manner:
Registered mail with return receipt: via Sanità, 29/b - 91025 Marsala (TP)
Fax: 0923 719741
E-mail: ecommerce@gorghitondi.it
If the Customer has exercised the right of withdrawal in the manner set out in the preceding point, he/she shall return the product no later than the fifteenth day following receipt of the product, by direct delivery and shipment to Tenuta Gorghi Tondi c/o the above-mentioned premises.
All costs of returning products shall be borne by the Customer.
All items must be returned and received by Tenuta Gorghi Tondi intact and in the same condition in which they were received, in their original packaging.
If all the conditions and obligations of the consumer set out in the preceding points have been met, the Supplier will send an e-mail confirming acceptance of the return.
Furthermore, the Supplier will refund the sales price according to the same payment method chosen by the Customer, net of the shipping costs incurred, minus any return-related costs incurred by the Supplier, with value date equal to the 30th day following the date on which the Supplier became aware of the Customer's exercise of the right of withdrawal.
The actual time for reimbursement of the sums paid by the Customer for the purchase of the returned products depends on the payment methods used: (i) bank transfer (please note that the value date of the re-credit is the same as that of the debit, so the Customer will not suffer any loss in terms of bank interest); (ii) purchase via PayPal: the actual reimbursement on the credit card depends on the institution that issued the card).
Art. 11 Guarantees given by the Customer.
The Customer warrants, assuming all responsibility and indemnifying the Supplier against any prejudicial consequences, that his data, provided upon acceptance of these general terms and conditions, are true and allow the true identity of the Customer to be identified.
The Customer also undertakes to inform the Supplier immediately in writing, including by e-mail, of any change in the data provided.
The Customer is also informed of the necessity to provide the Supplier with a valid e-mail address in order to allow the Supplier to forward order confirmations and any communication.
12 Express termination clause.
The obligations assumed by the Customer, as well as the guarantee of the proper performance of the payment made by the Customer with the means referred to in Article 5, are of an essential nature, so that by express agreement, the Customer's failure to perform any one of these obligations will result in the legal termination of the contract pursuant to Article 1456 of the Civil Code, without the need for a court ruling, without prejudice to the Supplier's right to take legal action for compensation for further damage.
13. Limitations of Liability.
The Supplier disclaims all liability for malfunctions, interruptions of services, degradation of performance, whether or not due to force majeure or fortuitous events, when these are not directly attributable to the Supplier itself due to its wilful misconduct or gross negligence.
14. Liability.
The Supplier accepts no liability for disruptions in service due to force majeure, such as, but not limited to, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, the execution of the contract within the agreed time frame.
The Supplier shall not be liable to any party or third party for damages, losses and costs incurred as a result of the non-performance of the contract for the aforementioned reasons, the Customer being entitled only to a refund of the price paid.
The Supplier shall not be liable for any fraudulent or illegal use that may be made by third parties of credit cards or other means of payment when paying for products purchased. At no time during the purchase procedure is the Supplier in a position to know the Customer's credit card data, which will be transmitted directly to the payment service provider without intermediation and to which it will be connected automatically, returning to the Supplier's site at the end of the procedure.
15. Validity of communications.
The Customer accepts that notifications and communications concerning all online services (including those relating to purchase orders) are made by the Supplier in electronic format by e-mail (electronic mail) and via web service, acknowledges the full validity thereof, and expressly waives as of now the right to disregard the content of statements sent and/or received in electronic format.
16. Cost of using the remote communication technique.
For all on-line services on the site, the connection costs charged by the Provider used by the Customer for the connection itself are applied, to which the Customer must refer to obtain the necessary information.
17. Privacy.
Pursuant to Article 13 of Legislative Decree no. 196 of 30.6.2003 (Privacy Code) we inform the Customer of the following. The Customer's personal data will be processed for (i) purposes functional to the fulfilment of fiscal, accounting and legal obligations and purposes of contract and customer management and for (ii) purposes related to commercial activities (mail order, marketing and advertising, market analysis and surveys, promotional activities, customer satisfaction surveys, competitions, events, prize games and similar, statistical analysis).
The data will be processed, also through the creation and management of a central archive, with paper, computer and telematic supports to which specialised and authorised personnel have access. The provision of personal data essential for the fulfilment of legal obligations and/or the establishment and/or continuation of the contractual relationship is compulsory, in the sense that in the absence thereof it will be impossible to establish and/or continue such relationship. The provision of other personal data is optional and generally functional for the purpose of providing a better service to customers; any refusal to provide such data will have no negative consequences for the customer.
Personal data concerning the Customer may be communicated to parent companies, subsidiaries and/or affiliates of the Supplier for the same purposes as above or to external service providers specialising in: i) management of software, hardware, telematic and information systems; ii) data processing and archiving activities; iii) printing, transmission, enveloping, transport and sorting of communications to customers; iv) financing services, credit recovery and financial risk detection.
The Data Controller is Tenuta Gorghi Tondi s.a.s. di Annamaria e Clara Agata Sala Soc. Agr. with head office in via Sanità, 29/b - 91025 Marsala (TP).
The Customer, by telematically sending the confirmation of his purchase order, acknowledges the above information and consents to the processing of the personal data provided.
18. Jurisdiction and Jurisdiction.
All disputes relating to the application, performance, interpretation and breach of purchase contracts concluded "on line" through the website www.gorghitondi.it are subject to Italian jurisdiction.
These general terms and conditions refer, for all matters not expressly provided for herein, to the combined provisions of the Civil Code and Legislative Decree 205/06.
Wine tourism packages – Gorghi Tondi Estate
These terms and conditions govern the purchase and enjoyment of wine tourism experiences organised by Tenuta Gorghi Tondi. By making a booking, the customer declares to have read, understood, and fully accepted the following.
Under Article 59 of the Consumer Code, the 14-day right of withdrawal for distance purchases does not apply to leisure services with a specific date and time.
Therefore, bookings for cellar visits and experiences are not subject to a right of withdrawal.