General conditions of Sale

Updated on April 2, 2020

The following General Conditions of Sale regulate the offer and sale of products on this website www.fattoriafibbiano-shop.it (Site).

Fattoria Fibbiano SRl
registered office: Via Fibbiano, 2 56030 Terricciola (Pisa)
Pec: farm-fibbiano.srl@pec.it
REA number: PI-132658
Share capital: Euro 30.600 i.v.a
VAT number 01509860506
Mail: info@fattoria-fibbiano.it
Phone: +39 0587 63567 (hereafter referred to as an Fattoria Fibbiano).

1. SCOPE OF APPLICATION

1.1 The sale of products through the Site (Products) constitutes a distance contract governed by Chapter I, Title III (articles 45 and following) of the Legislative Decree 6 September 2005, n. 206 (Consumer Code) and Legislative Decree 9 April 2003, n. 70, containing the discipline of electronic commerce.

1.2 The General Conditions of Sale can be modified at any time. Any changes and / or new conditions will be in force from the moment of their publication on the Site. For this reason, users are invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale. The applicable General Conditions of Sale are those in force on the date of sending the purchase order.

1.3 These General Conditions of Sale do not regulate the sale of products and / or the supply of services by subjects other than an Fattoria Fibbiano that are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects, it is necessary to check their conditions of sale. Fattoria Fibbiano is not responsible for the provision of services and / or for the sale of products by these subjects. On the websites that can be consulted through these links, Fattoria Fibbiano does not carry out any control and / or monitoring. Fattoria Fibbiano is therefore not responsible for the contents of these sites nor for any errors and / or omissions and / or violations of the law by the same.

2. PURCHASES ON THE SITE

2.1 With reference to Italian citizens, sales on the Site are reserved only for those who have completed 18 years. The buyer who is not an Italian citizen can purchase Products on the Site only if they are of legal age over their national law. If there is no legislation in this regard, you must be at least 21 years old.

In any case, the user who makes purchases on the Site undertakes to indemnify an Fattoria Fibbiano from any liability in the event that it has made purchases on the Site without complying with its national law on the subject of purchase limits for age reasons.

2.2 Fattoria Fibbiano reserves the right to refuse or cancel orders that come (i) from a user with whom it has a legal dispute in progress; (ii) by a user who has previously violated these General Conditions of Sale and / or the conditions and / or terms of a purchase contract with an Fattoria Fibbiano; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments; (iv) by users who have issued false, incomplete or in any case inaccurate identification data or who have not promptly sent to the Fattoria Fibbiano the documents requested by the same according to these General Conditions of Sale or who have sent them invalid documents; (v) by users who do not give sufficient guarantees of solvency. In any case, Fattoria Fibbiano reserves the right to cancel orders referring to transactions that do not present an absolute degree of authenticity.

2.3 With regard to purchases on the Site, it could occur that: the purchase process contains one or more material errors; the Product Sheet, as defined below, contains incorrect information for material errors (e.g. the price of the Product); for material error, a Product is indicated as available and instead it is not during the order preparation phase. In these cases, or in similar cases, the user can request the cancellation of the order or obtain, in agreement with an Fattoria Fibbiano, a different Product, possibly subject to an adjustment relating to the purchase cost.

3. REGISTRATION TO THE SITE

3.1 The purchase of Products on the Site is also allowed to unregistered users.

3.2 The registration credentials must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no one has access to them, as well as to inform without delay company example in case of suspected misuse and / or disclosure of the same. The user guarantees that the personal information provided during the registration procedure on the Site is complete and true. The user agrees to keep the company exempt from any damage, compensation and / or sanction deriving from and / or in any way connected to the violation by the user of the rules on registration on the Site or on the retention of registration credentials.

4. INFORMATION DIRECT TO THE CONCLUSION OF THE CONTRACT

4.1 In accordance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Fattoria Fibbiano informs the user that:

– to conclude the purchase contract for one or more Products on the Site, the user must complete an order form in electronic format and transmit it to Fattoria Fibbiano, electronically, following the instructions that will appear on the Site from time to time and that will accompany the different stages of the purchase;

– the contract is concluded when the order form reaches the Fattoria Fibbiano server;

– once the order form has been registered, Fattoria Fibbiano will send the user, via e-mail to the e-mail address indicated, the order confirmation, containing the information relating to the characteristics of the Product purchased, the detailed indication of the price, the means of payment used, the delivery costs and any additional costs as well as the contacts of the Customer Service, to which the user can contact for assistance and / or make complaints. It is recommended to keep the e-mail received as proof of purchase. The General Conditions of Sale and information on the right of withdrawal, as well as the Privacy Policy of Fattoria Fibbiano, will be available via links to the bottom of the order confirmation e-mails of the purchased Product which refer to the relevant pages of the Site. [CBM1 ]

– the order form will be stored in the Fattoria Fibbiano database for the time necessary to process the order and, in any case, in accordance with the law. To access your order form, the user can consult their account.

5. VALIDITY OF THE OFFERS AND PRICES

5.1 All the prices of the Products are expressed in Euro (€) and are understood to be inclusive of Value Added Tax (“VAT”), unless otherwise specified. Any additional costs will be expressly and separately indicated in the order form, before the user proceeds to transmit the same.

5.2 The price of the Products can be changed by Fattoria Fibbiano at any time, without notice, it being understood that the price charged to the user will be that published on the information sheet which illustrates the main characteristics of the Product (Product Sheet) at the time of sending the ‘order. Any changes (rising or falling) in the price subsequent to the transmission of the order will not be taken into account.

5.3 Products may be offered for sale at discounted prices on the Site. The full price indicated on the Site (Strikethrough Price), and with respect to which the discount applied by Fattoria Fibbiano is calculated, corresponds to the list price published on the Site.

6. PURCHASE ORDERS – PRODUCT INFORMATION

6.1 Fattoria Fibbiano will process the purchase order, and then will ship the purchased Product, with the exception of orders for which the Customer has chosen “in cash to the courier” as the payment method, only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, delivery costs, if applied, and any other additional costs, as indicated in the order form (Total Amount Due). In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will therefore be considered terminated by right pursuant to and for the purposes of art. 1456 of the Italian Civil Code

6.2 The Products will remain the property of Fattoria Fibbiano until payment has been made by the user of the Total Amount Due. The risk of loss or damage to the Products, for reasons not attributable to Fattoria Fibbiano, on the other hand, will be transferred to the user when the user, or a third party designated by the same and other than the carrier, becomes physically in possession of the Products.

6.3 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. Furthermore, the images of the Product in the Product Sheet may differ by year and / or size or in relation to any accessory products. These images must therefore be understood as indicative and with tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will prevail.

6.4 All Products contain sulphites, as the wine production process itself implies the presence of sulphites in it. However, it is possible that other sulphites are added to the wine production process; in some cases, however, it is possible that in a wine there are no “added” sulphites.

6.5 The purchase of gift vouchers does not affect the payment threshold which, once exceeded, gives the user the right to obtain free shipping of the Products.

7. AVAILABILITY OF THE PRODUCTS

7.1 The products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple users simultaneously purchase the same Product, that the Product ordered is no longer available after the transmission of the purchase order.

7.2 In any case of unavailability of the ordered Product, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the civil code, the user will be promptly informed by e-mail or by phone. The user will therefore be entitled to terminate the contract, pursuant to and for the purposes of the provisions of art. 61, IV and V comma, of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V comma, Consumer Code or in any case in which the payment of the Total Amount Due has already occurred, Fattoria Fibbiano will reimburse this amount without undue delay and, in any case, within the maximum term of 15 working days from the collection date. This amount will normally be credited to the same payment method used by the user for the purchase or the different means agreed between the user and Fattoria Fibbiano. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used.

7.3 In the case of orders concerning a plurality of Products (Multiple Order), if the unavailability occurs only for some Products subject to the Multiple Order, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the civil code, and without prejudice to the application of art. 7.2, Fattoria Fibbiano will immediately notify the user by e-mail or telephone. The user will therefore be entitled to terminate the contract, limited to the Product / s which has become unavailable, pursuant to and for the purposes of the provisions of art. 61, IV and V comma, of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V comma, Consumer Code, in relation to the Product (s) become unavailable or in any case in which the payment of the Total Amount Due has already occurred, Fattoria Fibbiano will reimburse the amount due in relation to this Product (s), including delivery costs and any other additional costs due in specific relation to these Products (Partial Amount Due) without undue delay and, in any case, within the maximum term of 15 working days from sending the order. The refund amount will be communicated to the user via e-mail or telephone. This amount will be credited to the same payment method used by the user for the purchase or through the means eventually agreed between the parties. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. The resolution of the entire Multiple Order will be possible only in the case of evident and proven accessoryity of the Products covered by the Multiple Order which have become unavailable with respect to the other Products covered by the Multiple Order available.

8. DELIVERY OF PURCHASED PRODUCTS

8.1 The amount of delivery costs due by the user in relation to a specific order is expressly and separately indicated (in Euro and inclusive of VAT) during the purchase process, in the order summary and, in any case, before that the user proceeds to transmit the same. In case of failure to indicate a specific delivery term, it will take place, in any case, within thirty days from the date of conclusion of the contract.

8.2 The delivery obligation is fulfilled by transferring material availability or otherwise checking the Products to the user.

It is up to the user to check the conditions of the Product that has been delivered to him / that he has collected. It being understood that the risk of loss or damage to the Products, for reasons not attributable to Fattoria Fibbiano, is transferred to the user when the user, or a third party designated by the same and other than the carrier, physically enters into possession of the Product, it is recommended to user to check the number of Products received and that the packaging is intact, not damaged, nor wet or in any way altered, also in the closing materials and he is invited, in his interest, to indicate on the carrier’s transport document, any anomalies, accepting the parcel with RESERVE (e.g. damaged neck, wet parcel, non-original scotch with Fattoria Fibbiano brand). The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier and / or Fattoria Fibbiano, in the event of loss or damage to the Products, except in the case where the loss or damage is due willful misconduct or gross negligence of the courier himself and except for partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as known and no later than eight days after receipt. In the event that the package shows evident signs of tampering or alteration, the user is also recommended to promptly notify the Fattoria Fibbiano Customer Service. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains unaffected.

8.3 The provisions of art. 61 of the Consumer Code in the event that the purchased Product is not delivered or is delivered late compared to the delivery terms indicated during the purchase process and in the order confirmation.

9. METHOD OF PAYMENT

9.1 The payment of the Products can be made by PayPal and credit card. In the event that one of these means / payment solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase procedure.

9.2 Payment by credit or debit card

9.2.1 The payment of the Products can be made by credit or debit card directly through the Site.

9.2.2 In order to guarantee the security of payments made on the Site and prevent any fraud, Fattoria Fibbiano reserves the right to ask the user, via e-mail, to send, by the same means, a two-sided copy of the your identity card and, if the order holder is different from the card holder, the latter’s identity card. The document must be valid. The request e-mail will specify the term within which the document must reach Fattoria Fibbiano. This term will not, in any case, exceed 5 working days from the receipt of the request by the user. Pending the requested document, the order will be suspended. The user is required to send the requested documents within the indicated deadline.

9.2.3 In the event that Fattoria Fibbiano does not receive these documents within the term specified in the request e-mail or receives expired or invalid documents, the contract will be deemed terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code and Fattoria Fibbiano may reserve the right to cancel the order, with consequent reimbursement of the Total Amount Due.

9.2.4 In the case of receipt by Fattoria Fibbiano of valid documentation within the term indicated in the e-mail referred to in art. 9.3.2 above, the delivery terms will start from the date of receipt of the same.

9.2.5 The confidential data of the credit card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers that Fattoria Fibbiano uses. Fattoria Fibbiano therefore never has access to and does not store the data of the credit card used by the user for the payment of the Products (even if the user has decided to store the credit card data on the Site), with the exception of the name of the credit card holder.

10. RIGHT OF WITHDRAWAL

10.1 The user who acts as a consumer has the right to withdraw from the contract concluded with Fattoria Fibbiano without incurring costs other than those indicated in this article and without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period ). The Withdrawal Period expires after 14 days:

– in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the 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, acquires physical possession of the last Product;

– in the case of an order relating to the delivery of a Product consisting of lots or multiple pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece.

10.2. To exercise the right of withdrawal, the user must inform Fattoria Fibbiano of his decision to withdraw, before the expiry of the Withdrawal Period.

10.3 To exercise the right of withdrawal, the user must send an email to the email address @ example with an explicit declaration of his decision to withdraw from the contract (Withdrawal Statement). Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period is borne by the user, it is in the user’s interest to keep a copy of the email sent to Fattoria Fibbiano with the Withdrawal Statement.

10.4 For the return of the Product, the user can use a carrier of his choice with return costs to be paid by the user: in this case, the user, after exercising the right of withdrawal in the manner indicated in this article , must return the Product to Fattoria Fibbiano, using a carrier of its choice and at its own expense, without undue delay and in any case within 14 calendar days from the date on which it communicated to Fattoria Fibbiano its decision to withdraw . The deadline is met if the user returns the Product before the expiry of the fourteen day period. The Product, properly protected and packed, must be sent to the following address:

Via Fibbiano, 256030 Terricciola (Pisa)info@fattoria-fibbiano.it+39 0587 635677

The direct costs of returning the Product to Fattoria Fibbiano are borne by the user. The return of the Product to Fattoria Fibbiano takes place under the responsibility of the user.

If the user has used a discount code for the purchase of the Product for which he exercised the right of withdrawal, the refund will be made only with reference to the amount of money actually spent by the user, and not also with regard to the value of the discount code.

10.5 If the user withdraws from the contract, Fattoria Fibbiano will refund the Total Amount Due paid by the user for the Product, without undue delay and in any case no later than 14 calendar days from the day on which Fattoria Fibbiano received the Products subject to withdrawal in the same conditions in which they were sold. The refund will be made using the same payment method used by the user for the initial transaction or the different means agreed between the parties; in any case, the user will not incur any additional costs as a consequence of this refund.

10.6 In the case of partial withdrawal, the amount of delivery costs to be returned to the user following the withdrawal will be calculated proportionally with respect to the value of the asset subject to withdrawal.

10.7 The user is solely responsible for the decrease in the value of the goods resulting from a handling of the Product other than those necessary to recognize the Product with certainty. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, accompanied by all the accessories present, still attached to the Product and intact and not tampered with, as well as free of signs of wear or dirt. The withdrawal also applies to the product in its entirety. It cannot therefore be exercised in relation to parts and / or accessories (which do not constitute autonomous Products) of the Product.

10.8 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not entitle you to any refund. Fattoria Fibbiano will notify the user, rejecting the withdrawal request. The Product, if already received at Fattoria Fibbiano, will remain at Fattoria Fibbiano available to the user for the collection which must take place at the expense and under the responsibility of the user.

10.9 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from a manipulation of the asset other than that necessary to clearly identify it, the refund amount will be reduced by an amount equal to that decrease in value. Fattoria Fibbiano will notify the user of the circumstance and the consequent decreased refund amount, providing the same, in the event that the refund has already been paid, the bank details for the

payment of the amount due by the user due to the decrease in value of the Product.

10.10 In the event that, if one of the legal hypotheses occurs, the right of withdrawal does not apply, this exclusion will be given specific and express communication in the Product Sheet and, in any case, during the purchase process, before the user proceed with the transmission of the order. In any case, the user is reminded that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, inter alia, in the event that the sale concerns:

(i) products made to measure or clearly personalized;

(ii) sealed products that are not suitable for return for hygiene or health protection reasons, which have been opened after delivery.

11. MISCELLANEOUS

11.1 By placing an order on the Site, the user gives consent to receive the invoice, if requested, only in electronic format. The invoice may be printed and archived as original in accordance with the Ministerial Circular 45 / E, 19/10/2005. For the issuance of the invoice, the information provided for the purpose by the user, which he declares and guarantees to be true, will be authentic, obliging himself to keep Fattoria Fibbiano harmless and harmless from any damage, including penalties issued by the competent authorities, which may derive from it. in the event of non-compliance with the same.

11.2 Fattoria Fibbiano is a registered trademark. Photos, texts, descriptions and everything contained on the Site are owned by PVZ srl. Full or partial reproduction of any part of the Site is prohibited; It is also forbidden to reproduce texts or photos for any use and in any form and in any case without prior written authorization from PVZ srl.

11.3 Fattoria Fibbiano is not responsible for any damage suffered by the user or third parties or to things owned by the user or third parties due to delays in delivery or related to the use of the Product.

12. LEGAL GUARANTEE OF CONFORMITY

All the Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of Legislative Decree n. 128-135 of the Consumer Code (Legal Guarantee). The Legal Guarantee is reserved for consumers. It therefore applies only to users who have made the purchase on the Site for purposes unrelated to any business, commercial, craft or professional activity. To those who have purchased on the Site and who do not have the quality of consumers, the guarantees for the defects of the thing sold will be applied, the guarantee for the lack of promised and essential quality and the other guarantees provided by the civil code with the related terms, forfeiture and limitations.

13. APPLICABLE LAW AND COMPETENT COURT; EXTRAJUDICIAL COMPOSITION OF DISPUTES – ALTERNATIVE DISPUTE RESOLUTION / ONLINE DISPUTE RESOLUTION

13.1 The contracts concluded between users of the Site and Fattoria Fibbiano are governed by Italian law. This is without prejudice to the application to consumer users who do not have their usual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, at the deadline for returning the Products, in the event of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.

13.2 Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, n.206 (Consumer Code), Fattoria Fibbiano informs the user that he holds the qualification of consumer referred to in art. 3, paragraph 1, lett. a) of the Consumer Code, which, in the event that he has submitted a complaint to Fattoria Fibbiano, as a result of which it has not been possible to find a negotiating solution, Fattoria Fibbiano will provide information on the Alternative Dispute Resolution bodies for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis and following of the Consumer Code).

Fattoria Fibbiano also informs the user who holds the qualification of consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes has been established (the so-called ODR platform). The ODR platform is available at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user can consult the list of ADR entities, find the link to the site of each of them and start an online dispute resolution procedure in which he is involved.

In any case, the consumer’s right to appeal to the ordinary judge competent for the dispute arising from these General Conditions of Sale is reserved.

13.3 The user residing in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed € 2,000.00, excluding interest, rights and expenses. The text of the regulation can be found on the website www.eur-lex.europa.eu.

14. CUSTOMER SERVICE AND COMPLAINTS

14.1 It is possible to request information, send communications, request assistance or submit complaints, by contacting Customer Service in the following ways:

Telephone: +39 0587 635677 (from Monday to Friday: 9.30am-1.30pm and 3.00pm-6.00pm)

Email: info@fattoria-fibbiano.it

14.2 Fattoria Fibbiano will promptly respond to complaints submitted, in any case within five working days of receipt of the same.