Terms and Conditions

These Terms govern the use of this Website and any other Agreement or legal relationship with the Owner in a binding manner.
The User is requested to read this document carefully.

The entity responsible for this Website is:

Vigna della Cava di Ettore Janni
Via Monte Gallo sn, – 60020 Offagna AN
P.IVA 08247300968
For communications relating to Privacy, write to info@vignadellacava.com

GENERAL CONDITIONS OF SALE

This document (together with the documents mentioned therein) contains the conditions that regulate the use of this website (www.vignadellacava.com) and the purchase of the items contained therein (hereinafter the “Conditions”).

Please carefully read these Conditions, the Cookies Policy and the Personal Data Protection Policy (which you can find in the “Privacy Cookie Policy” section of the site) before using this website. We inform you that the use of this website or the transmission of an order through it implies acceptance of these Conditions and the Data Protection Policies, so if you do not agree with all of the aforementioned Conditions and the Data Protection Policies, or if you are unsure of any content, please leave the site or contact us at the following email address: info @ vignadellacava.com

Article 1. Scope of application

1.1 The sale on the Site represents a distance selling contract governed by Chapter I, Title III (Section 45 et seq.) of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and Legislative Decree 9 April 2003, no. 70 on electronic commerce.

1.2 The General Conditions of Sale apply to all sales processed by the Seller on the Site. The terms are calculated considering only working days and excluding Saturdays, Sundays and holidays.

1.3 The General Conditions of Sale may be changed and / or modified at any time. Any changes and / or new conditions will be valid from the date of release on the Site. For this reason, before placing any order, users are invited to regularly visit the website to view the most updated version of the General Conditions of Sale (or T&C or terms and conditions).

1.4 The applicable General Conditions of Sale are those in force on the date on which the purchase order is placed.

1.5 These General Conditions of Sale do not regulate the sale of products and/or the provision of services by parties other than the Seller, available on the Site via links, banners or hypertext links. Before entering into commercial transactions with such parties, the user must verify their conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties. The Seller does not carry out any control and/or monitoring of the websites accessible via such links. The Seller assumes no responsibility for the contents of these websites, nor for any errors and/or omissions and/or legal violations by said websites.

1.6 The user must carefully read these General Conditions of Sale and any other information that the Seller provides on the Site, including during the purchase procedure.

Article 2. Purchase through the Site
2.1 Purchases through the Site are permitted to users who are registered users of the Website or act as a “guest” of the Website and act as both a consumer and a trader.

2.2 Pursuant to Article 3, paragraph I, letter a) of the Consumer Code, “consumer” means natural persons who, in relation to the purchase of products or services, act for purposes other than their entrepreneurial, commercial, professional or artisanal activity.

2.3 Under no circumstances may retailers, wholesalers or, in general, anyone who intends to make purchases for the purpose of subsequent resale, be authorised to make purchases on the Site. It is therefore prohibited for such persons to make purchases on the Site.
If you belong to this category of users, please contact us at our email info @ vignadellacava.com for evaluations of commercial opportunities.

2.4 In the event of orders anomalous with respect to the quantity and / or frequency of purchases, the Seller reserves the right to take all necessary actions to put an end to the irregularities.

2.5 The Seller reserves the right to refuse or cancel orders placed:

-by a user with whom the Seller is in dispute
-by a user who has violated these General Conditions of Sale
-by a user who has sent false, incomplete or otherwise inaccurate personal data or who has not sent the Seller the requested documents.

Art.3 Registration on the Site

3.1 To register on the Site, if the Seller grants the possibility, the user must complete the registration form, entering the following data:name, surname, address, email, telephone number.

3.2 The user undertakes to inform the Seller immediately if he/she suspects or becomes aware of an illegal use or disclosure of such data.

3.3 The user hereby guarantees that the personal data provided during the registration procedure on the Site are complete and truthful and undertakes to indemnify and hold the Seller harmless from any losses, damages and/or liabilities arising from and/or in any way connected to the violation by the user of the provisions regarding registration on the Site or storage of registration credentials.

Article 4. Information necessary for the conclusion of the contract

4.1 Pursuant to Legislative Decree 9 April 2003, n. 70 on electronic commerce, the Seller informs the user that: to conclude the purchase contract on the Site, the user must fill out an order form in electronic format and send it to the Seller electronically, following the instructions that will appear from time to time on the Site;
the agreement is concluded when the order form reaches the Seller’s server once the order form has been sent, the Seller will send the user, to the email address provided, an order confirmation containing the following:

– a link to the general conditions of sale

– description of the purchases and the relative price

– an indication of the payment

– delivery times

– an indication of the delivery costs and any additional costs

– (where applicable) information on the right of withdrawal

– (where applicable) instructions on withdrawal and the standard form of withdrawal.

Article 5. Product Availability
5.1 Product availability is constantly monitored and updated. However, since the Site can be visited simultaneously by multiple users, it is possible that multiple users purchase the same product at the same time. In these cases, the Product may appear to be available for a short period, even if it is actually out of stock or temporarily unavailable, as restocking is necessary.

5.2 The Website contains information relating to the availability of each product.

5.3 If the Product proves unavailable for the aforementioned reasons or in other cases of unexpected unavailability of the Product, without prejudice to the other legal rights of the user, in particular those provided for in Book IV, Title II, Chapter XIV of the Civil Code, the seller will immediately inform the user. The user will then have the right to terminate the contract pursuant to Article 61,paragraphs 4 and 5 of the Consumer Code.

5.4 Alternatively and without prejudice to their rights, the user can accept:
an extension of the delivery period or a product of equivalent or higher value (in this case, upon payment of the difference, and subject to the express acceptance of the user).
Alternatively, the user can accept a discount voucher to be spent on purchases on the Site. The amount of the discount voucher, the expiry date and any limitations will be communicated from time to time by the Seller.

5.5 If a refund is requested for the amount paid for the purchase of Products that subsequently prove to be unavailable, the Seller will refund the amount within a maximum of 15 days.

5.6 If the user avails himself of the right to terminate the contract pursuant to Article 61, paragraphs 4 and 5 of the Consumer Code, the purchase contract shall be will resolve. If the payment of the total amount due – given by the price of the Product, shipping costs, if applicable, and any other additional costs arising from the order (Total Sum Due) – has already been made, the Seller will refund the Total Amount Due pursuant to the article “Payment methods for purchases made via the website”.

Article 6. Product Sheet

6.1 Each Product is accompanied by an information sheet illustrating its main characteristics (Product Sheet). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. However, the colours of the Products may differ from the actual colours due to the settings of the computer systems or computers used to view them. Furthermore, the images of the Product in the Product Sheet may differ in size or in relation to accessory products. These images must therefore be understood as approximate and imply commonly accepted tolerance thresholds. accepted. If the Customer needs clarifications or doubts or does not consider the information provided in the product sheet to be exhaustive, we recommend contacting the Seller before making the purchase. Once the purchase has been concluded, it is assumed that the Customer has considered the information provided to be exhaustive and releases the Seller from complaints for incomplete description regarding the item. For the purposes of the sales contract, the description of the Product in the order form sent by the user will be valid.

Article 7. Prices

7.1 All prices are inclusive of VAT, unless otherwise specified.

7.2 The Seller reserves the right to change the price at any time, without notice,provided that the price charged to the user will be the one indicated on the Site at the time the order is placed, and no fluctuations (increase or decrease) must be recorded after the transmission of said order.

7.3 Any shipping costs are expressly and separately indicated in the order form, before the user proceeds to transmit the same.

Article 8. Purchase orders

8.1 The Seller will deliver the Products only after receiving confirmation of the payment of the Total Amount Due from the use. The ownership of the Products will be transferred to you at the time of delivery, understood as the moment of delivery of the Product to the carrier. Any risk of loss or damage to the Product(s) that cannot be attributed to the Seller, will pass to the user, once the latter or a third party designated by the user other than the carrier comes into physical possession of the Product(s). i.

8.2 The purchase contract is terminated subject to non-payment of the Total Amount Due. Unless otherwise agreed in writing with the user, the order will be cancelled accordingly.

8.3 In order to send a purchase order, it is necessary to read and approve these General Conditions of Sale by clicking the appropriate box on the pages of the purchase process. Failure to accept these General Conditions of Sale will make it impossible to make purchases on this Site.

Article 9. Payment methods for purchases made via the website

9.1 Payment for Entrance Tickets purchased on the Site can be made by BANK TRANSFER or through credit cards of the circuits accepted by STRIPE and/or PAYPAL, suppliers of transaction services. The Total Amount due by the user to Vigna della Cava di Ettore Janni is charged at the time of transmission of the order. Payments by credit card are managed through the digital payment service providers STRIPE and/or PAYPAL

9.2 In order to guarantee the security of payments made on the Site, each financial transaction is managed by external providers STRIPE and/or PAYPAL who handle the entire payment process. They ensure the provision of the highest security standards, more specifically, the 3D-Secure procedure requires that browser data, credit card data, address data (billing address, email address), as well as the transaction amount and currency, are transferred to the credit card issuer.This institution processes the data received to determine the risk of fraud of the transaction, taking into account the amount and the result of the calculation. Possibly, depending on what has emerged, the credit institution may request the credit card holder to authenticate the payment transaction, for example via a transaction authentication number or via an App.
Vigna della Cava di Ettore Janni DOES NOT RECEIVE, STORE OR PROCESS ANY DATA RELATED TO THE CREDIT CARD.

9.3 Vigna della Cava di Ettore Janni uses a data communication service on the secure site that involves the use of the SSL security protocol. The confidential data of the credit card (card number, holder, expiry date, security code) are managed directly by the forms provided by the payment gateway providers STRIPE and/or PAYPAL. Vigna della Cava di Ettore Janni therefore never has access to and does not store the credit card details used by the user to pay for the Entrance Tickets.

9.4 With regard to PayPal payments, the user will be redirected to the site www.paypal.com, where he/she will make the payment according to the prescribed procedure regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be sent to or shared with the Seller. The Seller is therefore not able to know, or store in any way, the details of the credit card linked to the user’s PayPal account, nor the details of any other form of payment linked to that account.

If the payment is made via PayPal, the total amount due will be charged by PayPal to the user’s account at the same time as the conclusion of the online contract. In the event of termination of the contract, or in any other case of reimbursement, for any reason, the refund amount due to the user will be credited to the user’s PayPal account. The deadline for crediting the amount to the payment instrument linked to this account depends exclusively on PayPal and the banking system. Once the credit order has been prepared in favor of said account, the Seller cannot be held responsible for any delays or omissions in crediting the refund to the User. Any type of refund to be made pursuant to these General Conditions of Sale will be made to the user’s PayPal account.

9.5 If you choose to pay by bank transfer, once the order has been received, the Seller will communicate to the user by email the bank details and the deadline for making the transfer. To optimize the procedures in case of payment by bank transfer, we invite you to send the receipt of the bank transfer made or the confirmation of the same by email.

In case of payment by bank transfer, the delivery term of the Product(s) will start from the date of receipt of the bank transfer by the Seller, or from the date on which it is confirmed that the bank transfer has been ordered in favor of the seller, depending on which event occurs first.

The user is required to specify:

-the reference number of the purchase order the date of the purchase order

-the name and surname of the buyer, if different from that of the holder of the current account used for the payment.

Once the order has been placed, you will have to pay within 5 working days. Failure to comply will result in the automatic termination of the contract in the following 3 working days.

Art. 10. Delivery of products

10.1 There are no limitations on delivery, except in the cases indicated on the Site and / or in the Product Sheet.

10.2 The costs for the delivery of the Products, which may vary based on the delivery procedure chosen by the user, and any other possible costs, will be borne by the user, unless otherwise indicated in the Product Sheet or in other parts where this is communicated.

10.3 The Products will generally be delivered within 48 hours or at most within 15 days from receipt of the order. In the event of omission of a delivery deadline, this will, in any case, take place within thirty days, starting from the day on which the contract is stipulated.

10.4 You are kindly asked to check the conditions of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, physically take possession of the Product, the Seller suggests that you check the number of Products received and that the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials; furthermore, the Seller suggests that you indicate any anomalies on the carrier’s transport document, accepting in this case the package with reservation. In the event that the packaging shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller.

10.5 COLLECTION ON SITE; collection on site is possible only after prior agreement with the Seller.If the “collection on site” option is selected at the time of ordering, the Seller will contact the Customer using the contact details provided and will follow up with an agreement and appointment for collection, which will take place, unless otherwise agreed, at the exclusive availability of the Seller, at the pick up point at our facility in Via Monte Gallo sn, – 60020 Offagna AN.

Article 11. Right of Withdrawal

11.1 The user – who acts as a consumer – has the right to withdraw from the sales contract of the Product without indicating the reason and without incurring additional costs and expenses other than those indicated in this article, within fourteen calendar days (Right of Withdrawal). The withdrawal period (withdrawal period) expires after 14 days:

in the case of an order for a single Product, from the day on which the user or a third party other than the carrier and designated by the user comes into physical possession of the Product Product;

in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party other than the carrier and designated by the user takes physical possession of the last Product delivered; or

in the case of an order relating to the delivery of a Product of different batches or multiple pieces, from the day on which you or a third party, other than the carrier and chosen by you, acquires physical possession of the last batch or piece.

11.2 To exercise the Right of withdrawal, the user must inform the Seller, before the expiry of the Withdrawal Period, of his decision to withdraw.

11.3 You have exercised your Right of withdrawal within the Withdrawal Period if the relevant communication was sent to you before the expiry of the Withdrawal Period. Such communication must be sent in the following ways:

E-mail: info@ vignadellacava.com with a request to read or confirmation of receipt of email.

The Consumer must obtain durable means of preservation for the communication relating to the exercise of the Right of Withdrawal, since the burden of proof regarding the exercise of this right before the expiry of the Withdrawal Period falls on the user.

11.4 Once the right is exercised, the user must arrange for the products to be returned to the Seller, without undue delay, and in any case before 14 calendar days from the date on which the user informed the Seller of their decision to withdraw from the contract. The deadline is met if the user delivers the Product(s) before the expiry of the 14-day period previously mentioned to the carrier specified by the Seller or, depending on the relevant circumstances, to a carrier of his choice (Retun Term). The Product,duly protected and packaged and in its original packaging, and absolutely unused, must be returned to the address communicated by the Seller via email (the original packaging is always required if the serial numbers of the products are printed on it to: info@ vignadellacava.com

11.5 The cost of returning the Product (including any customs duties) is the responsibility of the user and the return takes place under his responsibility.

11.6 If the user withdraws from the contract, the Seller must refund the total amount paid by the user for the Product, excluding delivery costs, without undue delay and no later than 14 calendar days from the date on which the seller was informed of the users’ decision to withdraw from the contract. The refund will be made using the same payment method used for the original transaction. In any case, using the Customer a carrier of his own choice and not managing the Seller’s times and costs, the Seller suspends the refund until receipt of the Products, even in the event of proof of shipment.

11.7 The user is solely responsible for the decrease in value of the goods due to a different use of the Product than that necessary to establish the characteristics and functioning of the Product. In any case, the product must be stored, handled and checked with normal diligence and returned intact, complete in all its parts, never used; must also include all accessories, packaging (if any) and the labels and seal must be damaged and intact, therefore the Product is intact and not tampered with, perfectly suitable for the use for which it is intended and free from signs of wear or dirt. The withdrawal applies to the Product in its entirety. In this sense, it cannot be exercised only for some parts and / or accessories (which do not represent and are not independent products) of the Product.

11.8 If the Product has suffered a loss of value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to such loss in value. The Company will inform you within 5 days of receipt of the Product of the circumstance and the consequent reduced amount of the refund. Following written consent by the customer, the Seller will issue the refund as described in these general conditions of sale. In the event that the Customer disagrees with the decrease in value assessed by the Seller, he may request the product again, paying for the new shipments at his own expense.

11.9 In the event that the right of withdrawal has not been exercised in accordance with the provisions of the legislation in force, it will not result in the termination of the contract and, consequently, will not give rise to any right to reimbursement. The Seller will inform the user that it will refuse the request for withdrawal within 5 working days of receiving the Product. In the event that the Product has already been returned to the Seller, it will remain available to the user for collection, which must be carried out at the user’s expense and under his/her responsibility.

11.10 In the event that the Right of withdrawal cannot be applied, the user will be informed on the Site.

11.11 Delivery costs are always excluded from refunds.

Article 12. Legal Guarantee of Conformity
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Legislative Decree no. 128-135 of the Consumer Code (Legal Guarantee).

Who it applies to
The Legal Guarantee is reserved for consumers. It therefore applies exclusively to users who have made the purchase on the Site for purposes other than entrepreneurial, commercial, artisanal or professional activity.

When it applies
The Seller is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which becomes visible within two years of delivery. The Seller must be informed of the lack of conformity, under penalty of forfeiture of the guarantee, within two months of the date on which it was discovered.

Unless proven otherwise, materializing non-conformity within six months of the date of delivery of the product is assumed to exist since the latter, unless the assumption is incompatible with the nature of the product or the nature of the non-conformity. Starting from the seventh month following delivery of the product, the Seller is responsible for the lack of conformity. of the consumer the burden of proof to prove that the lack of conformity already existed at the time of delivery of the product.

In order to benefit from the Legal Guarantee, it is therefore necessary to provide proof of the date of purchase and delivery of the goods. It is therefore advisable, for the purposes of proof of purchase, to keep the invoice sent by the Seller, as well as the transport document or any other document certifying the date of purchase (such as the credit card statement or bank statement) and the delivery date.

In the event of non-conformity reported within the prescribed period, the user has the right to: (i) firstly, the repair or replacement of the goods free of charge, according to preference,unless the requested solution is objectively impossible or excessively burdensome compared to the other; (ii) secondly (in cases where the repair or replacement is impossible or excessively burdensome, or where the repair or replacement has not been carried out within a reasonable period of time, or where the repair or replacement has caused significant inconvenience to the consumer) a discounted price or the termination of the contract, according to the user’s preference. The requested solution is excessively expensive if it involves unreasonable expenses for the Seller compared to alternative solutions, considering (i) the value that the good would have if the non-conformity did not exist; (ii) the extent of the non-conformity; (iii) the possibility that the alternative solution can be achieved without causing significant inconvenience to the consumer.

The Seller cannot be held liable in the event of damages of any nature resulting from improper use of the Product or in the event of damages resulting from fortuitous event or force majeure.

Article 13. Applicable law and competent court; Extrajudicial dispute resolution
Alternative dispute resolution / Online dispute resolution

13.1 The purchase contracts concluded between you and the Seller are governed by Italian law.

13.2 If you are a “consumer”, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the Court is the one in which the Seller’s company is based.

13.3 Pursuant to Article 141-sexies, paragraph 3 of Legislative Decree 6 September 2005 n. 206 (Consumer Code), the Seller informs the user as a final consumer that Article 3, paragraph 1, letter a) of the Consumer Code, that, in the event that you have submitted a complaint directly to the Seller, following which it has not been possible to resolve the dispute that has arisen, the Seller will provide information relating to the Alternative Dispute Resolution organization for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded pursuant to these General Conditions of Sale (ADR Bodies, as indicated in art. 141-bis and following of the Consumer Code), also specifying whether or not you wish to use these organizations to resolve the dispute.

13.4 Furthermore, the Seller informs you as a consumer that in art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (ODR platform) has been established. The consumer can navigate the ODR platform at the following link:http://ec.europa.eu/consumers/odr/; through the ODR Platform the consumer can consult the list of ADR Organizations, find the link that redirects to each of the sites and start an online procedure for the resolution of disputes in which he is involved.

13.5 Whatever the outcome of the out-of-court dispute resolution procedure relating to consumer relations through the use of the procedures referred to in Part V, Title II-bis of the Consumer Code, in any case the consumer always has the right to bring legal action before the competent Court.

13.6 For any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the user who resides in a Member State of the European Union other than Italy can also access the European procedure established for small claims, by Regulation (EC) No. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed Euro 2,000.00, excluding interest, fees and expenses. The text of the regulation is available on the website www.eur-lex.europa.eu.

Article 14. Customer service and complaints
You can request information, send communications, ask for assistance or submit complaints by contacting the Seller’s Customer Service as follows:

by email, writing to: info@ vignadellacava.com .

The seller will handle complaints by responding within 3 days of receipt.

The Terms and Conditions of Sale regulate the sale on this site “www.vignadellacava.com”. The seller is
Vigna della Cava di Ettore Janni, with registered office in Via Monte Gallo sn, – 60020 Offagna AN – Italy
Chamber of Commerce of Ancona, VAT number 08247300968 (Seller).