Ecommerce Disclaimer

E-COMMERCE DISCLAIMER :

Preliminary provisions

1.1 These General Conditions of Sale govern the sale of the Products (as defined below) on the website www.cadalera.it (hereinafter the “Site”) by Azienda Agricola “Cà da l'Era” di Toscani Mara, with registered office in Pieve Vergonte (VB), Via del Piano 15, CF: TSCMRA81C52B019M - VAT number 02468710039 (hereinafter, Cà da l'Era).

1.2 Before making a purchase through the Site, we invite you to read these General Conditions of Sale in full and to view the Information on the Processing of Personal Data.

2. Who can buy – Buyers

2.1 The Products are offered for sale exclusively to final consumers, meaning natural persons who act for purposes not related to any commercial, entrepreneurial or professional activity they may carry out (hereinafter the "Purchaser" or the "Purchasers").

3. Information, presentation and price of products.

3.1 The products available on the Site are alcoholic beverages. All information on the essential characteristics of the Products is provided next to the image of each Product.

3.2 The images of the Products offered for sale on the Site may not be displayed correctly by the Buyer and may therefore not correspond exactly to those uploaded to the Site, due to the effects created by the Internet browser or monitor used by the Buyer.

3.3 Product prices are in Euros and include Value Added Tax (VAT). Prices do not include shipping costs, which will be calculated automatically during checkout.

4. How to buy

4.1 To conclude the purchase contract for one or more Products on the Site, the Buyer must access the Site and after selecting the Product or Products he/she intends to purchase, he/she must fill out and electronically transmit to Cà da l'Era a purchase order for the selected Products, indicating the Product or Products he/she requests to purchase, the payment method chosen from those available and the personal data necessary to process the order (hereinafter the "Purchase Order"). For further information regarding the preparation of a Purchase Order, we invite you to access the contact section

4.2 The Purchase Order consists of a web page in which the Buyer must indicate some of his/her personal data (name, surname, shipping address, payment data). Before sending the request to purchase the Products, by transmitting and confirming the Purchase Order electronically, the Buyer will be asked to carefully read the information contained therein, in order to (a) correct any errors or omissions, (b) print or save a copy of the Purchase Order, (c) add, modify or delete items in the shopping cart. After this check, the Buyer can confirm the Purchase Order by clicking on the "Confirm Order" button: until this button is pressed and the Purchase Order is confirmed, the Buyer will be free not to complete the Purchase Order or to modify it, for example by deleting some Products from the cart. In order to complete the purchase of the Products it will also be necessary to: (I) read and accept these General Conditions of Sale and (II) view the information relating to the processing of personal data.

4.3 The Purchase Order will be transmitted to the Cà da l'Era database for the period of time necessary to process the Purchase Order, verify that payment has been made, deliver the Product, and generally process it, in accordance with the law.

4.4 The purchase contract for the Product is concluded when Cà da l'Era receives and accepts, electronically, the Purchase Order, after having verified the correctness of the data entered. Cà da l'Era may not process Purchase Orders (a) that are incomplete, incorrect or incorrect and/or (b) in the event of even temporary unavailability of the Products. In these cases, Cà da l'Era will promptly inform the Buyer [and in any case within 30 (thirty) days from the day following that on which Cà da l'Era has received the Purchase Order], by email to the address indicated by the Buyer in the Purchase Order (unless the address in question is incorrect), that the contract is not concluded, specifying the reasons. In the event that the Buyer has already paid the price of the Product and the shipping costs, the corresponding amount will be refunded (in the manner specified in the following Article 5).

4.5 In the event that Cà da l'Era intends to conclude the contract, will send the buyer, by email, a Purchase Order Confirmation, containing a summary of the information already contained in the Purchase Order and the General Conditions of Sale, including the information required by art. 53 of Legislative Decree no. 206 of 6 September 2005 and by art. 13 of Legislative Decree no. 70 of 9 April 2003.

5. Payment

5.1 When sending the Purchase Order, the Buyer will be asked to choose one of the following payment methods for the Products:

a) Visa, Visa Electron and Mastercard credit and prepaid cards. For payments made by credit card (Visa, Visa Electron and Mastercard circuits), the Buyer's financial information (for example, the card number or its expiration date) will be sent, via encrypted protocol, to the PayPal credit institution without third parties having access to it. Furthermore, this information will be used by Cà da l'Era only and exclusively to complete the procedures relating to the purchase by the Buyer and to issue the relevant refunds in the event of any returns of the Products, following the exercise of the right of withdrawal by the Buyer, or if it becomes necessary to prevent or report to the police the commission of fraud or crimes relating to the Site. The price for the purchase of the Products and the shipping costs, as indicated in the Purchase Order, will be charged to the Buyer's current account after Cà da l'Era will have processed the Purchase Order. The Purchase Order will be processed by CASCINA GARITINA within 2 (two) days of receipt.

b) Bank transfer. For payments by bank transfer, the Purchase Order will be processed when the amount is credited to the Cà da l'Era current account .

6. Delivery

6.1 The Products will be shipped to the address indicated in the Purchase Order only after the payment of the Purchase Order has been duly registered and provided that the price has been paid. Except as indicated in the previous Article 4.4, the Products will be shipped no later than 30 (thirty) days from the day following receipt of the Purchase Order by Cà da l'Era. Once delivery to the carrier by Cà da l'Era has taken place, a confirmation email will be sent to the Buyer indicating the tracking number. The shipping costs to be paid by the Buyer, where applicable, will be those indicated in the appropriate field within the Purchase Order in the amount indicated in Article 3.3.
6.2 The Products will be shipped from Cà da l'Era to the Buyer by couriers belonging to carriers that are completely autonomous and independent from Cà da l'Era . Any delivery terms indicated to the Buyer at the time of purchase are to be considered indicative, without prejudice to the provisions of clause 6.1 above with reference to the term of 30 (thirty) days from receipt of the Purchase Order for the shipment of the product by Cà da l'Era. Except in cases of willful misconduct or gross negligence, Cà da l'Era will not be in any way responsible for any delays in delivery due to the carriers' liability or to causes not attributable to it.

7. Product Warranty

7.1 The Products available on the Site are guaranteed, pursuant to the law, for defects of conformity which appear within 3 (three) days of delivery.

7.2 To exercise the right relating to the guarantee of the purchased Products, the Buyer must contact Cà da l'Era through the contact section of the Site or the email address cadalera.vini@libero.it , specifying the nature of the request, and will be contacted shortly by Cà da l'Era , which will verify the request.

7.3 The guarantee does not apply if the Product has been damaged, even accidentally, due to the negligence of persons other than Cà da l'Era and by tampering not authorised by Cà da l'Era by the Buyer or third parties.

7.4 It is understood that the Buyer will not be charged any costs for exercising the right to the legal guarantee relating to the Products purchased.

8. Right of withdrawal

8.1 The Buyer has the right to withdraw from the contract concluded with Cà da l'Era , without any penalty and without specifying the reason, within 10 (ten) working days starting from the day on which the Products purchased on the Site are delivered.

8.2 To exercise the right of withdrawal from the contract, the Buyer must contact Cà da l'Era to agree on the methods of returning the shipped goods. It will be his responsibility to send the product and, attached, the payment receipt, which must be in accordance with the state of purchase, therefore not tampered with or damaged.

8.3 In the event of withdrawal, the Buyer will be required to pay only the direct costs of returning the Products and will be responsible in the event of loss or damage to the Products. In addition to what is specified above, the withdrawal will be considered correctly exercised if the Product is returned in a condition of complete integrity.

8.4 Following receipt of the returned Products, Cà da l'Era will promptly verify compliance with the terms and conditions of withdrawal described in this Article 8, communicating the outcome to the Buyer by email. If the right of withdrawal has been correctly exercised by the Buyer, Cà da l'Era will send confirmation of acceptance of the Products. Cà da l'Era will activate the refund procedures pursuant to the following Article 9.

8.5 If Cà da l'Era finds that even one of the conditions for exercising the right of withdrawal, as specified in this Article 8, has not been complied with, it will notify the Buyer by email of the forfeiture of the right of withdrawal and the right to obtain reimbursement of the sums already paid; in this case, the Products will be automatically returned to the Buyer, at the Buyer's expense, in the state in which they were returned to Cà da l'Era.

9. Refund of sums paid

9.1 Whatever the payment method used by the Buyer, the refund procedure is activated by Cà da l'Era as quickly as possible and in any case within 30 (thirty) days from the date on which Cà da l'Era became aware of the exercise of the right of withdrawal, after verifying the correct execution of the procedure and acceptance of the returned Products.

9.2 If there is no correspondence between the Purchaser of the Products indicated in the Purchase Order and the person who made the payment of the sums due for their purchase, in the event of exercising the right of withdrawal, Cà da l'Era will refund the sums paid exclusively to the person who made the payment: in this case, Cà da l'Era will in any case be released.

10. Complaints

Any complaints may in any case be sent to Azienda Agricola “Cà da l'Era” di Toscani Mara, with headquarters in Pieve Vergonte (VB), Via del Piano 15 , or via e-mail to the address cadalera.vini@libero.it inserting “complaint” in the subject of the communication.

11. Force majeure

Except in cases of fraud or gross negligence, Cà da l'Era will not be liable, will be relieved of any contractual obligation to perform or deliver and will not be required to pay any compensation or indemnity in the event of failure to fulfill its obligations due to causes not attributable to Cà da l'Era. or to events of force majeure, such as, by way of example only, riots, insurrections, pandemics, social unrest, telephone or computer failures or serious damage to the security and operation of the internet, strikes and impossibility of supply (even temporary) of Products and materials.

12. Protection of personal data

For information on the processing of the Buyer's personal data, please read carefully the information on the processing of personal data published on this Site.

13. Dispute Resolution

13.1 These general contract conditions are governed by Italian law, including the provisions of Legislative Decree no. 206 of 6 September 2005, and, in particular, the legislation governing distance contracts (articles 50 to 68), as well as the provisions of Legislative Decree no. 70 of 9 April 2003 on electronic commerce.

13.2 The Buyer is in any case free to appeal to the competent court at his/her residence or domicile.

14. Customer Service

For any information relating to the purchase of products through the Site or to the guarantee, withdrawal or other, the Buyer may contact the Cà da l'Era Customer Service via email at cadalera.vini@libero.it .