Cantina Sociale di Barletta – Aziende Agricole Associate s.c.a.
We invite you to read the general conditions set out below. These terms and conditions, which may vary over time, are applicable to all users and visitors of shop.vinifieramosca.com.
1. Data of the Seller and definition of Buyer
1.1 The goods and / or services covered by the general conditions set out below are offered for sale by Cantina Sociale di Barletta – Azienda Agricole Associate s.c.a. – with headquarters in Via degli Artigiani, 13 Barletta (BT) Italy, VAT number 00258830728, hereinafter also referred to as the “Seller”. 1.2 The term “Buyer” means: a) the consumer who is a natural person who purchases for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out; b) anyone who does not qualify as a consumer as a natural or legal person acting in the exercise of their business, commercial, craft or professional activity, or an intermediary.
2. Subject of the online contract
With these general conditions of sale, the Seller sells and the Purchaser remotely purchases the products and services described and offered for sale on the shop.vinifieramosca.com website via telematic tools. Cantina Sociale di Barletta – Azienda Agricole Associate s.c.a. reserves the right to modify these General Conditions at any time and to publish them on its website. Any changes will apply only to sales concluded after the publication of the new conditions. The relative regulatory provisions of Legislative Decree no. 206/2005 (so-called Consumer Code) and subsequent amendments. For non-consumer Buyers, the rules and provisions of the civil code will apply. These general conditions will apply only to sales made on the Italian territory.
3. Stipulation of the contract: modalities
The contract between the Seller and the Buyer is concluded only through the internet: the Buyer will access the shop.vinifieramosca.com website and through the procedure provided therein will make the proposal to purchase the products and / or services.
4. Products and services
4.1 The main characteristics of the services and products, including the duration of the offer, the price (including VAT) and the delivery costs, can be verified and viewed 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 images representative of the product and / or service. 4.2 No fees and / or expenses are applied for access to the shop.vinifieramosca.com website.
5. Conclusion and effectiveness of the contract.
5.1 Purchase orders placed through the shop.vinifieramosca.com website, if complete and containing all the elements necessary to identify the products and the place of delivery and / or services ordered, will constitute the Buyer’s contract proposal expressed online. 5.2 The order confirmation by Cantina Sociale di Barletta – Azienda Agricole Associate s.c.a. 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 for both parties, when the Order Confirmation is sent by the Seller to the Buyer. 5.4 The Seller may also send the Buyer a refusal of the order as in the case provided for by art. 7.2, and still reserves the right to cancel any order in the event of material errors inherent in the Buyer’s order or in the information sent by the same via the shop.vinifieramosca.com website. 5.5 All orders will be considered valid only if expressly accepted by the Seller.
6. Procedure for the conclusion of the contract
From the shop.vinifieramosca.com website, the Buyer: – you will be able to discover the products and / or services Cantina Sociale di Barletta – Azienda Agricole Associate s.c.a. highlighted in the foreground section, view the full range of products and services by choosing a category from the navigation menu; – view each product and service sheet containing information on formats and quantities currently available, the description and characteristics of the item; – from the product and / or service sheet, select the size and quantity of the item and add the product and / or service to the cart; – you will be able to view the “cart” section in which all information regarding the products and / or services will be summarized and to know the transport costs before purchase and payment; – must, once the shopping session is over, finalize the purchase by clicking on the appropriate button; – must also, where necessary, enter the shipping information and, to confirm the order, read and accept these general terms and conditions as well as enter the chosen payment method (credit card, PayPal or bank transfer); – on the next screen, the payment screen, the user must check that the information entered is correct and click on the appropriate button to complete the purchase. Registration on the site is optional and not mandatory. Users can then purchase the products by registering on the site or even without registration (guest). For any registration, the user must specify their personal data and e-mail address, as well as enter a password of their choice (the latter two will allow access to the site). Once the purchase order is received, the Seller will send the Buyer the receipt of the order containing a summary of the content of the information relating to the sale and will proceed with the fulfillment of the purchase order, except as provided for in the previous art. 5.5.
7. Products and services available
7.1 The products on the shop.vinifieramosca.com website can be purchased by the Buyer in the quantities in stock at the time of order. 7.2 The services / events advertised on the site will be confirmed upon reaching the minimum number of people indicated on the site. If this minimum number is not reached, the Cantina Sociale di Barletta – Azienda Agricole Associate s.c.a. will notify the remaining subscribers / buyers of the cancellation of the event 5 days before the date of the same. In this case, the price paid will be refunded. The maximum number of participants in each event is indicated on the site. Cantina Sociale di Barletta – Azienda Agricole Associate s.c.a. therefore reserves the right to refuse registration requests beyond the maximum number.
8.1 Purchaser’s payments can only be made through one of the methods listed on the Seller’s website (credit card, PayPal or bank transfer). 8.2 In the case of payment via PayPal, it is specified that for each purchase the PayPal system automatically charges the amount of € 1.00 to users who are not registered / registered on the website www.paypal.com. Under no circumstances can Cantina Sociale di Barletta – Azienda Agricole Associate s.c.a. will be required to reimburse these sums to customers who use Paypal without being registered and / or registered on the website www.paypal.com. Social Cellar of Barletta – Associated Agricultural Companies s.c.a. consequently declines any responsibility in this regard. 8.3 Communications regarding payments and data communicated by the Purchaser are made on special protected lines in accordance with the laws in force.
9.1 All sales prices of the products and services advertised on the shop.vinifieramosca.com website are expressed in EURO and include VAT. 9.2 All the prices of the products and services on the shop.vinifieramosca.com website may undergo variations and therefore be modified by the Seller at any time.
10. Transportation costs
10.1 The shipping costs for the Italian territory start from € 8.00 + VAT, subject to subsequent changes, and vary according to the number of items to be purchased. Free shipping for orders over € 200,00. For shipments to other countries, please contact our Customer Service by writing to firstname.lastname@example.org or by calling +39 0883 510681.
11. Delivery times and methods
11.1 The ordered products will be delivered to the address chosen and specified by the Buyer in the purchase order. No shipments and / or deliveries are made outside the Italian territory. 11.2 For the execution of the shipment, the courier will be activated within 15 working days of order confirmation. The delivery time is not to be considered essential. If it is not possible to ship the goods within the indicated times, the Buyer will be promptly notified by e-mail. 11.3 If the recipient is absent at the time of delivery, a notice will be left and the Buyer must act as soon as possible to contact the courier or forwarder in order to arrange a new delivery. 11.4 No responsibility can be attributed to the Seller for delayed or non-delivery due to force majeure or unforeseeable circumstances. 11.5 For any information or notification relating to the shipment of your orders, on Mon-Fri 09.00-12.00 and 14.00-17.00 you can directly contact our Customer Service by writing to email@example.com or by calling +39 0883 510681.
12. Limitation of Liability
12.1 The Seller will not be liable for disservices attributable to force majeure or unforeseeable circumstances, including disservices due to malfunctioning of the internet network. 12.2 In the same way, no responsibility can 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 shop.vinifieramosca.com website. 12.3 With reference to the services / events advertised on the site, the Buyer declares: – to be fully aware of any risks incurred while carrying out the proposed activities; – to be of age; – to accept all the conditions required by the Cantina Sociale di Barletta – Azienda Agricole Associate s.c.a .; – to acquit the Cantina Sociale di Barletta – Azienda Agricole Associate s.c.a. from any liability that in any way should arise as a result of his participation in the aforementioned activities for any damage he may suffer to his person and / or to his things or to third parties and / or their things in carrying out the same.
13. Obligations of the buyer
13.1 The Purchaser undertakes to pay the price of the goods and / or service purchased within the times and in the manner indicated in these general terms and conditions and in the order form sent. 13.2 It is forbidden: the Buyer to enter false, and / or invented, and / or fictional data in the registration procedure described in point 6; the personal data and e-mail address must correspond to their real personal data and not those of third parties, or fantasy; – to make double registrations corresponding to a single person; – enter data of third parties; minors to register and make purchases of goods and / or services. 13.3 In any case, the Purchaser, or in the case of minors who takes his place, assumes all responsibility for the aforementioned violations and undertakes to indemnify and hold the Seller harmless from any detrimental consequence, from all losses, damages , responsibilities, costs, charges and expenses, including legal ones, that may be incurred or suffered by the Seller as a consequence of any failure by the Purchaser to fulfill the obligations undertaken by him and the guarantees given by him with the acceptance of these contractual clauses. 13.4 The Seller Cantina Sociale di Barletta – Azienda Agricole Associate s.c.a., owner of the website shop.vinifieramosca.com, reserves the right to legally pursue any violation and abuse.
Resolutions and returns
14. Right of withdrawal
14.1 The possibility of termination or early withdrawal from the contract by the Purchaser is excluded except as provided in the following point 14.3 for the person who qualifies as a “consumer” and except as established in point 15. 14.2 In the event of illegitimate termination, termination or withdrawal by the Buyer Cantina Sociale di Barletta – Azienda Agricole Associate s.c.a. is as of now authorized to withhold the sums paid by the Purchaser as a penalty, without prejudice in any case to the right to compensation for greater damage. 14.3 The Buyer who qualifies as a “consumer” will have the right to withdraw from this contract, without any penalty and without specifying the reason, within 14 (fourteen) working days from the day on which the Buyer or a third by the carrier and designated by the Buyer, acquires physical possession of the ordered goods or: 1) in the case of multiple goods ordered by the Buyer through 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 goods consisting of multiple lots or pieces, 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 lot or piece. Before the expiry of the withdrawal period, the Buyer-consumer may exercise the right of withdrawal by informing the Seller of his decision to withdraw from the contract. To this end, the Buyer can:
a) use the standard “withdrawal” form referred to in Annex I, Part B, pursuant to art. 49, paragraph 1, lett. b) Legislative Decree 206/05 (so-called Consumer Code) whose text is available at this link. b) submit any other explicit declaration of your decision to withdraw from the contract. 14.4 The declaration of withdrawal must be sent by registered letter with acknowledgment of receipt to the following address: Cantina Sociale di Barletta – Azienda Agricole Associate s.c.a.Via degli Artigiani, 13 Barletta (BT) Italy or by PEC at the address: firstname.lastname@example.org 14.5 In case of exercising the right of withdrawal, the Buyer is required to return the goods within 14 days from the day on which he communicated to the Seller his will to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005. The goods must be sent back to Cantina Sociale di Barletta – Azienda Agricole Associate s.c.a.Via degli Artigiani, 13 Barletta (BT) Italy. 14.6 The direct costs of returning the products are borne by the Buyer. 14.7 The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the Seller will refund the amount of the products subject to withdrawal within a maximum period of 14 days, including any shipping costs. 14.8 As required by art. 56, paragraph 3, of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, the Seller may suspend the reimbursement until the goods are received or until the Buyer demonstrates that having returned the goods to Cantina Sociale di Barletta – Azienda Agricole Associate s.c.a. The Seller will make the refund using the same payment method chosen by the Buyer during the purchase. In any case, the Buyer undertakes to provide the Seller with their bank details. 14.9 The Buyer acknowledges and accepts that the aforementioned right of withdrawal is recognized, in accordance with Legislative Decree no. 206/2005, only to Buyers who qualify as consumers. 14.10 Pursuant to art. 57, c. 2, of Legislative Decree 206/2005, the Purchaser is responsible for the decrease in the value of the goods resulting from their handling 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 methods indicated in points 14.3 and 14.4, will be considered valid and effective only if the following conditions are met: – the goods purchased must be intact, without signs of opening and / or tampering and complete with all the attached 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 no later than the term of 14 days from the day on which the Buyer communicated to the Seller his intention to withdraw. 14.12 The parties agree and accept that the requirements referred to in point 14.11 are essential conditions for exercising the right of withdrawal.
The parties expressly agree that the obligations referred to in points 8.1 and 13.1, assumed by the Purchaser, as well as the exact fulfillment of the obligations assumed by the Seller in point 11.1, are essential, and consequently the non-fulfillment of even one of them. , if not determined by unforeseeable circumstances or force majeure, will result in the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code
16. Effectiveness and modification of the general conditions of sale (GCS).
17.1 These GCS are published on the site to be easily read and known by the Buyer before making the purchase of a product and / or service, accepted at a time prior to the forwarding of the purchase order, stored on his computer and reproduced on paper by printing the file in which they are contained. 17.2 The GCS applicable to the sale of products and / or services are those published on the site on the date of the order relating to the products. The Purchaser, therefore, must carry out the above operations before proceeding with any purchase.
17. Legal guarantee of conformity (articles 130 and 132 of Legislative Decree 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 the event of receipt of products that do not comply with the orders placed and / or are defective, the Buyer-consumer has the right, without charge, to restore the conformity of the product by repairing or replacing the product, pursuant to paragraphs 3, 4, 5 and 6 of the ‘art. 130 of Legislative Decree 206/05, or an adequate price reduction or termination of the contract, in accordance with paragraphs 7, 8 and 9 of art. 130 Legislative Decree 206/05. 18.2 Pursuant to art. 132 of Legislative Decree 206/05, the Buyer-consumer can exercise this right if the defect occurs within two years of delivery of the goods and if it is reported to the Seller within two months of its discovery.
18. Method of archiving the contract
Pursuant to art. 12, paragraph 1, lett. b) of Legislative Decree 70/2003, the Seller informs the Buyer that each order sent is stored in digital / paper form on the server / at the Seller’s headquarters, according to confidentiality and security criteria.
19. Communications and complaints
Written communications directed to the Seller and any complaints will be considered valid only if sent to the following address: “Cantina Sociale di Barletta – Azienda Agricole Associate s.c.a.Via degli Artigiani, 13 Barletta (BT) Italy “or to the e-mail address email@example.com. The Buyer indicates in the registration form his residence or domicile, the telephone number or e-mail address to which he wishes the Seller’s communications to be sent.
20. Applicable law and competent court. ODR (Online Dispute Resolution: alternative dispute resolution method)
21.1 All disputes relating to the application, execution, interpretation and violation of the purchase contracts stipulated online through the website shop.vinifieramosca.com will be governed by these general conditions and subject to Italian law; and this even if carried out in whole or in part abroad. In any case, if the Buyer is a consumer, the competent court is that of the place of residence or domicile of the consumer, if located in Italy. If the address of the Buyer-consumer or his residence is not within the Italian territory, the competent court will be that of the execution of the contract. For all other cases, the territorially competent court exclusively is that of Trani. 21.2 In compliance with the provisions of art. 14 of the EU Reg. No. 524/2013 we inform you 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 the seller and the consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11 / EU and with EU Reg. No. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations deriving from sales or online services contracts between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR body (alternative dispute resolution) that has joined it, which can be selected from a specific list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative resolution procedure for a dispute relating 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: firstname.lastname@example.org. 21.3 If you do not adhere to the conciliation attempt referred to in the previous art. 21.2 or this attempt should have a negative outcome, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the Court referred to in point 21.1 is competent, in the case of a user acting as a consumer.
21.Confirmation of having read the general conditions of sale and unfair clauses
The computer system relating to the compilation of the order is such as to prevent the confirmation and validation of the same in the absence of an explicit command given by the Buyer and aimed at confirming the reading of the conditions of sale and the unfair clauses by the Buyer.