General Terms and Conditions of Sale
Updated 20 March 2019
The following General Terms and Conditions of Sale govern the offer and sale of products on the shop.folladorprosecco.com website (Site).
The products purchased on the Site are offered and sold by Azienda Vinicola Follador di Rossi Italia & C. Snc, with registered office in Via Gravette 42 - 31010 Col San Martino (TV), Italy, VAT no. IT00533430260 (hereinafter referred to as Follador Prosecco).
1. SCOPE OF APPLICATION
1.1 The sale of products on the Website (Products) constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Italian Legislative Decree No. 206 of 6 September 2005 (Consumer Code) and Italian Legislative Decree No. 70 of 9 April 2003, containing the regulations for economic commerce.
1.2 These General Terms and Conditions of Sale may be changed at any time. Any changes and/or new conditions come into effect from the moment they are posted on the Site. For this reason, users are invited to access the Site on a regular basis and consult the latest version of the General Terms and Conditions of Sale before making a purchase. The General Terms and Conditions of Sale applicable are those in force on the date the purchase order is sent.
2. ONLINE PURCHASES
2.1 As regards Italian citizens, only users over the age of 18 may purchase Products on this Site. Buyers who are not Italian citizens may purchase Products on the Site only if they are of age according to the law in their country. If there is no legislation in this regard, they must be at least 21 years old.
In any case, users who make purchases on this Site undertake to release Follador Prosecco from any liability should they make purchases from the Site without complying with their national law as regards under-age purchases.
2.2 Follador Prosecco reserves the right to refuse or cancel orders from (i) a user with whom it has an ongoing legal dispute; (ii) a user who has previously violated these General Terms and Conditions of Sale and/or the conditions and/or terms of a purchase contract with Follador Prosecco; (iii) a user who has been involved in fraud of any kind and, in particular, fraud related to credit card payments; (iv) users who have given false, incomplete or in any case inaccurate identification data or who have not promptly sent the documents requested by Follador Prosecco in accordance with these General Terms and Conditions of Sale or who have sent invalid documents; (v) users who do not give sufficient guarantees of solvency. In any case Follador Prosecco reserves the right to cancel orders for transactions which do not appear to be absolutely authentic.
2.3 As regards purchases made on the Site, the following situations may occur: the purchase process contains one or more material errors; the product data sheet, as defined below, may contain incorrect information due to material errors (e.g.: the price of the Product); due to a material error, a Product may be shown as available but during preparation of the order it no longer is. In these, or similar cases, users may request the order be cancelled or, in agreement with Follador Prosecco, may obtain a different Product after paying any difference in price.
3. REGISTRATION TO THE SITE
3.1 Only registered users may purchase Products on the Site.
3.2 Registration credential must be used by the user only and may not be given to third parties. The user undertakes to keep them secret, to ensure no one has access to them and to promptly notify Follador Prosecco of suspected misuse and/or disclosure of the same. The user guarantees that the personal information provided during registration to the Site is complete and truthful. The user agrees to hold Follador Prosecco harmless from any damage, compensation and/or sanctions arising from and/or in any way related to the user’s violation of the rules on registration to the site or the safekeeping of registration credentials.
4. INFORMATION FOR THE CONCLUSION OF THE CONTRACT
4.1 In accordance with Italian Legislative Decree No. 70 of 9 April 2003 concerning the provisions of e-commerce, Follador Prosecco would like to inform users that:
to conclude a purchase agreement for one or more Products on the Site, the user must complete an electronic order form and send it to Follador Prosecco electronically, following the instructions which appear each time on the Site and which accompany the different stages of the purchase process;
the contract is concluded when the order form reaches the Follador Prosecco server;
once the order form has been registered, Follador Prosecco will send the user an order confirmation to the email address indicated, containing details of the purchased Product, detailed indication of the price, the payment method used, delivery charges and any additional costs, as well as the contact details of Customer Service which the user should contact to request assistance and/or lodge complaints. It is advisable to keep the email received as proof of purchase.
5. VALIDITY OF OFFERS AND PRICES
5.1 All prices of the Products are in Euro (€) and are inclusive of Value Added Tax ("VAT") unless otherwise stated. Any additional costs will be explicitly and separately indicated on the order form before the user submits it.
5.2 Follador Prosecco is entitled to change the price of Products at any time without prior notice, provided that the user is charged the price published on the information sheet illustrating the main Product features (Product Data Sheet) when the order is sent. Any variations in price (increases or decreases) after the order has been submitted will not be taken into account.
5.3 Products may be sold at a discount on the Site. The full price given on the Site (the price with a line through it), which the discount has been applied to by Follador Prosecco, is the list price published on the Site.
6. PURCHASE ORDERS – PRODUCT INFORMATION
6.1 Follador Prosecco will process the purchase order and dispatch the purchased Product only after it has received confirmation that payment of the total amount due has been authorised; payment is made up of the purchase price, delivery charges, if applicable, and any other additional costs, as indicated on the order form (Total Amount Due). If the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase agreement shall automatically be considered terminated pursuant to and for the effects and purposes of article 1456 of the Italian Civil Code.
6.2 The Products will remain the property of Follador Prosecco until the user has paid the Total Amount Due. The risk of loss or damage to the Products, for causes not attributable to Follador Prosecco, on the other hand, shall be transferred to the user when the user, or a third party appointed by him and other than the carrier, physically takes possession of the Products.
6.3 Each Product is accompanied by a Product Data Sheet. The images and descriptions on the Site reproduce the features of the Products as faithfully as possible. The images of the Product on the Product Data Sheet may differ due to their vintage and/or sizes and any accessory products. These images are therefore given purely as an indication and should therefore allow the usual tolerance values. For the purposes of the purchase agreement, the description of the Product on the order form sent by the user will be binding.
6.4 All the Products contain sulphites, as the winemaking process implies the presence of sulphites in it. It is however possible that more sulphites are added during wine production; in some cases, however, a wine may not have “added” sulphites.
6.5 The purchase of gift vouchers does not apply to the payment threshold above which users are entitled to free shipping.
7. PRODUCT AVAILABILITY
7.1 The number of products for sale on the Site is limited. It may therefore happen, when several users purchase the same Product at the same time, that the ordered Product is no longer available after the purchase order has been sent.
7.2 Whenever an ordered Product is unavailable, without prejudice to the rights attributed to the user by the law and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, the user will promptly be informed by email or telephone. The user shall therefore be entitled to terminate the contract, pursuant to and for the effects and purposes of article 61, paragraphs IV and V of the Consumer Code. If the user exercises his right to terminate the agreement in accordance with article 61, paragraphs IV and V of the Consumer Code or whenever payment of the Total Amount Due has already been made, Follador Prosecco shall refund the amount without undue delay and, in any case, within 14 working days from the date of collection. This amount is usually credited using the same payment method used by the user for the purchase or a different method agreed upon by the user and Follador Prosecco. Any delay in crediting the amount may be attributed to the bank, the type of credit card or the kind of payment used.
7.3 When orders contain several different Products (Multiple Order) and some of the items in the Multiple Order are unavailable, without prejudice to the rights attributed to the user by the law, and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, and without prejudice to the application of clause 7.2, Follador Prosecco will immediately notify the user by email or telephone. The user will therefore be entitled to terminate the agreement regarding the Product(s) which are no longer available only, pursuant to and for the effects and purposes of article 61, paragraphs IV and V of the Consumer Code. If the user decides to exercise his right to terminate the contract as set forth in article 61, paragraphs IV and V of the Consumer Code in relation to the Product(s) which have become unavailable or when payment of the Total Amount Due has already been made, Follador Prosecco will refund the amount due referring to this Product(s), including the delivery charges and any other additional costs due specifically regarding these Products (Partial Amount Due) without undue delay and, in any case, within 14 working days of the submission of the order. The user will be notified of the amount of the refund by email or telephone. This amount will be credited using the same payment method used by the user for the purchase or by another method agreed upon by the parties. Any delay in crediting the amount may be attributed to the bank, the type of credit card or the kind of payment used. The resolution of a Multiple Order in its entirety is only possible when it is obvious and proven that the Products in the Multiple Order which are now unavailable are necessary for the other Products available in the Multiple order.
8. DELIVERY OF PURCHASED PRODUCTS
8.1 The amount due for delivery charges for a specific order is indicated explicitly and separately (in Euro and inclusive of VAT) during the purchase process, in the order summary and before the user submits the order. If a specific delivery term is not indicated, delivery will in any case take place within thirty days from the date of the conclusion of the contract.
8.2 The delivery obligation is fulfilled by transferring the material availability or, in any case, the control of the Products to the user.
It is the user’s responsibility to check the conditions of the Product delivered to him or that he has collected. It being understood that the risk of loss or damage of the Products, for causes not attributable to Follador Prosecco, is transferred to the user when the user, or a third party appointed by him and other than the carrier, enters into material possession of the Product, Follador Prosecco recommends the user checks the number of Products received and that the packaging and the materials used to seal it are intact, not damaged, wet or in any way altered, and invites him, in his interest, to indicate any irregularities on the carrier’s transport document and accept the parcel SUBJECT TO INSPECTION. If Products are accepted without being subject to inspection, the user is not able to take legal action against the courier and/or Follador Prosecco should the Products be lost or damaged, except when the loss or damage is due to wilful misconduct or gross negligence of the carrier and except for partial loss or damage not recognisable at the time of delivery, provided in this last case the damage is reported as soon as known and no later than eight days from receipt. If the packaging shows obvious signs of tampering or alteration, the user is advised to notify Follador Prosecco’s Customer Service immediately. In any case, the application of the rules concerning the right of withdrawal and the legal guarantee of conformity remains valid.
8.3 The provisions of article 61 of the Consumer Code shall be applied if the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and on the order confirmation.
9. PAYMENT METHODS
9.1 Products may be paid for by credit card or PayPal. If one of these payment methods cannot be used for a specific Product, it will be clearly indicated on the Site or, at the very latest, at the beginning of the purchase process.
9.2 Payment by credit or debit card
9.2.1 Products may be paid for by credit or debit card directly on the Site.
9.2.2 In order to guarantee the security of payments made on the Site and to prevent possible fraud, Follador Prosecco reserves the right to ask the user, by email, to send, in the same way, a front and back coy of his identity card and, if the order has been made by a person who is different from the holder of the card, the identity card of the latter. The document must be valid. The date by which the document must be sent to Follador Prosecco will be specified in the email request. This deadline shall not be more than 5 working days from receipt of the request from the user. The order will be suspended pending the arrival of the document. The user must send the requested documents within the indicated time frame.
9.2.3 If Follador Prosecco does not receive these documents within the deadline specified in the request email or receives expired or invalid documents, the contract shall be considered terminated pursuant to and for the effects and purposes of article 1456 of the Italian Civil Code and Follador Prosecco shall reserve the right to cancel the order, refunding the Total Amount Due.
9.2.4 If Follador Prosecco receives the valid documents within the deadline indicated in the email as referred to in clause 9.3.2, the delivery terms will run from the date of receipt thereof.
9.2.5 Confidential credit card details (number of the card, cardholder, expiry date, security code) are encrypted and transmitted directly to the payment manager without going through the server Follador Prosecco uses. Follador Prosecco therefore never has access and does not store the details of the credit card used by the user to pay for the Products (even if the user has decided to share the credit card details on the Site), except for the name of the cardholder.
9.3 Payment by PayPal
9.3.1 Products purchased on the site may be paid for by PayPal. If the user chooses to pay by PayPal, he will be redirected to the www.paypal.it website where he will pay for the Products following the procedure provided for and governed by PayPal and the terms and conditions of the agreement agreed upon by the user and PayPal. Any data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with Follador Prosecco. Follador Prosecco therefore has no way of knowing and does not, in any way, store the details of the credit card associated with the user’s PayPal account or the details of any other payment instrument associated with this account.
9.3.2 If payment is made by PayPal, the user is debited the Total Amount Due when the contract is concluded on the Site. If the purchase agreement is terminated and in any other case of reimbursement, for any reason, the refund amount due to the user will be credited to his PayPal account unless otherwise agreed upon by the user and Follador Prosecco. The time it takes to credit the amount to the payment instrument associated with the account depends on PayPal and the banking system only. Once the instruction to credit the amount has been given, Follador Prosecco shall not be held liable for any delays or omissions in crediting this amount to the user and any measures taken on the user’s part to dispute such delays and omissions must be taken up directly with PayPal.
10. RIGHT OF WITHDRAWAL
10.1 The user, in his capacity as consumer, is entitled to withdraw from the contract concluded with Follador Prosecco without incurring charges other than those indicated in this clause and without having to explain the reason, within fourteen (14) calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:
for orders for a single Product, from the day on which the user or a third party, other than the carrier and appointed by the user, acquires physical possession of the Product;
for multiple orders with separate deliveries, from the day on which the user or a third party, other than the carrier and appointed by the user, acquires physical possession of the last Product;
for orders referring to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and appointed by the user, acquires physical possession of the last lot or piece.
10.2. To exercise his right of withdrawal, the user shall notify Follador Prosecco of his decision to withdraw before the expiry of the Withdrawal Period.
10.3 To exercise his right of withdrawal, the user shall send an email to email@example.com clearly stating his decision to withdraw from the contract (Declaration of Withdrawal). Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests on the user, it is in the user’s interest to keep a copy of the email sent to Follador Prosecco with the Declaration of Withdrawal.
10.4 To return the Product, the user may use a carrier of his choice and shall pay the cost of returning the Product: in this case, the user, after having exercised the right of withdrawal in the manner indicated in this clause, must arrange to return the Product to Follador Prosecco, using a carrier of his choice and at his own expense, without undue delay and in any case within 14 calendar days from the date on which he notified Follador Prosecco of his decision to withdraw. The deadline is respected if the user returns the Product before the expiry of the fourteen-day period. The Product must be properly protected and packed and sent to the following address:
Azienda Vinicola Follador di Rossi Italia & C.S.N.C
Via Gravette, 42, 31010 Col San Martino Treviso – Italy
Tel. +39 0438 898222 Times: 8:30-12:30 14:00-17:30
The direct costs of returning the Product to Follador Prosecco shall be paid by the user. Returning the Product to Follador Prosecco is the responsibility of the user.
If the user used a discount code to purchase the Product for which he then exercised his right of withdrawal, the refund will be made only with reference to the sum 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, Follador Prosecco will reimburse the Total Amount Due paid by the user for the Product without undue delay and, in any case, within 14 calendar days from the day on which Follador Prosecco received the Product which is the subject of the withdrawal in the same conditions in which it was sold. The refund will be made using the same payment method used by the user for the initial transaction or using a different method agreed upon by the parties; in any case, the user will not incur any additional cost as a result of the reimbursement.
10.6 In the event of partial withdrawal, the amount of the delivery costs to be returned to the user following the withdrawal will be calculated in proportion with the value of the goods, subject of the withdrawal.
10.7 The user is solely responsible for the decrease in the value of the goods resulting from the handling of the Product other than that necessary to establish with certainty that it is the Product. The Product must be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, accompanied by all accessories still attached to the Product and intact and not tampered with, as well as being free of signs of wear or dirt. The withdrawal also applies to the Product in its entirety. It therefore cannot be exercised in relation to parts and/or accessories (which do not constitute standalone Products) of the Product.
10.8 In the event the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not entail the termination of the contract and, consequently, will not entitle any refund. Follador Prosecco will notify the user, rejecting the withdrawal request. The Product, if already received by Follador Prosecco, will remain at Follador Prosecco at the user’s disposal for collection, which must take place at the expense and under the responsibility of the user.
10.9 If the Product for which withdrawal was exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to clearly identify it, the refund amount will be reduced by an amount equal to this decrease in value. Follador Prosecco will notify the user of the circumstance and the consequent reduced reimbursement amount, providing him, in the event that the refund has already been paid, with the bank details for the payment of the amount due from the user due to the decrease in value of the Product.
10.10 If, by recourse to one of the legal hypotheses, the right of withdrawal does not apply, this exclusion will be specifically and explicitly indicated on the Product Data Sheet and during the purchase process, before the user submits the order. In any case, the user is reminded that, pursuant to article 59 of the Consumer Code, the right of withdrawal is excluded, among other things, when the sale relates to:
(i) custom or clearly personalised products;
(ii) sealed products that do not lend themselves to being returned for hygienic reasons or related to health protection, which have been opened after delivery.
11.1 When the user places an order on the Site, he gives his consent to receiving the invoice, if requested, in electronic form only. The invoice may be printed and filed as the original in accordance with Ministerial Circular 45/E, 19/10/2005. When issuing the invoice, the information given by the user for this purpose, which he declares and guarantees to be true, will be binding and he agrees to indemnify and hold harmless Follador Prosecco from any damage, including sanctions issued by the competent authorities, that may derive from it in the event of non-compliance with the truth of the same.
11.2 Follador Prosecco is a registered trademark. Photos, texts, descriptions and all the content of the Site are the property of Azienda Vinicola Follador di Rossi Italia & C.S.N.C. Any reproduction, even in part, of any part of the Site is strictly prohibited; reproduction of texts and photos for any use, in any form and without prior written authorisation of Azienda Vinicola Follador di Rossi Italia & C.S.N.C. is also prohibited.
11.3 Follador Prosecco shall not be liable for any damage incurred by the user or third parties or objects belonging to the user or third parties due to delays in delivery or connected with the use of the Product.
12. LEGAL COMPLIANCE GUARANTEE
All the Products sold on the Site are covered by the Legal Compliance Guarantee provided for in articles 128-135 of Italian Legislative Decree No. 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 entrepreneurial, commercial, artisan or professional activity. For those persons who have purchased on the Site and who are not consumers, the guarantee for the defects of the thing sold, the guarantee for defects of promised and essential quality and the other guarantees provided for by the Italian Civil Code with the relative terms, forfeitures and limitations shall apply.
13. APPLICABLE LAW AND PLACE OF JURISDICTION; OUT-OF-COURT SETTLEMENT OF DISPUTES - ALTERNATIVE DISPUTE RESOLUTION / ONLINE DISPUTE RESOLUTION
13.1 All contracts concluded between users of the Site and Follador Prosecco are governed by Italian law. The application to consumers who do not habitually reside in Italy of more favourable and mandatory provisions provided for by the law of the country in which they have their normal residence, in particular in relation to the deadline for the exercise of the right of withdrawal, to the deadline for the return of the Products, if this right is exercised, to the methods and formalities of the communication of the same and the legal guarantee of conformity is reserved.
13.2 Pursuant to article 141-sexies, paragraph 3 of Italian Legislative Decree No. 206 of 6 September 2005 (Consumer Code), Follador Prosecco would like the inform the user in his capacity as consumer pursuant to article 3, paragraph 1, letter a) of the Consumer Code, that, if he has lodged a complaint with Follador Prosecco and it has not been possible, however, to resolve the dispute, Follador Prosecco will provide information on the bodies of Alternative Dispute Resolution for out-of-court settlement of disputes relating to obligations arising from a contract concluded on the basis of these General Terms and Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code).
Follador Prosecco would also like to inform the user in his capacity as consumer pursuant to article 3, paragraph 1, letter a) of the Consumer Code that a European platform has been set up for online resolution of consumer disputes (the so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; the user can consult the list of ADR bodies through the ODR platform, find the link to the site of each of them and start an online dispute resolution procedure in which he is involved.
Without prejudice in any case to the right of the consumer to refer to the competent ordinary judge of the dispute deriving from these General Terms and Conditions of Sale.
13.3 For any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, users who reside in a member state of the European Union other than Italy, can also access the European procedure established for disputes of modest entity, from the Regulation (EC) No. 861/2007 of the Council of 11 July 2007, on condition that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.
14. CUSTOMER SERVICE AND COMPLAINTS
14.1 Users may request information, send communications, ask for assistance or lodge complaints by contacting Customer Service in the following ways:
Telephone: +39 0438 898222 (from Monday to Friday: 9:30-13:30 and 15:00-18:00)
Using the Follador Prosecco contact form.
14.2 Follador Prosecco will respond promptly to all complaints lodged and within five working days of receipt.
Return PolicyDIRITTO DI RECESSO ai sensi del Decreto Legislativo 206/2005
Si ha diritto di recedere da un contratto, senza indicarne le ragioni, con le modalità di seguito indicate.
Per esercitare tale diritto, occorre informare l’Azienda Vinicola Follador di Rossi Italia & C. S.n.c. via Gravette, 42 31010 Col San Martino TV, mail: firstname.lastname@example.org della decisione di recesso entro 14 giorni dal ricevimento del prodotto acquistato, tramite una dichiarazione esplicita (lettera, fax o mail).
Effetti del recesso
Il reso dei prodotti acquistati sullo shop online Follador Prosecco è possibile fino a 14 giorni dal ricevimento della merce, seguendo la procedura qui descritta:
1. Accedi all'area riservata, dichiara di volere rendere l'intero ordine o parte di esso e per quale motivo, poi seleziona la merce da rendere, indicando il codice IBAN che sarà utilizzato per il riaccredito. Puoi così visualizzare il modulo di reso da stampare e allegare al pacco e visualizzare l'indirizzo di destinazione della merce resa.
2. Prenota il Corriere che preferisci e consegnagli il pacco allegando il modulo stampato.
3. Follador Prosecco verificherà la merce resa e ti invierà una mail contenente la conferma di reso.
4. Riceverai il rimborso dell'importo speso entro 15 giorni lavorativi, a mezzo bonifico bancario alle coordinate indicate nella richiesta di reso.
I prodotti restituiti non devono essere alterati in qualsiasi modo, devono riportare tutti le etichette originali e devono essere riconsegnati nella loro confezione integra.
Il reso è da rispedire o consegnare a:
Azienda Vinicola Follador di Rossi Italia & C. S.n.c.
via Gravette, 42
31010 Col San Martino TV
entro 14 giorni dal giorno in cui è stato comunicato il recesso (è sufficiente che la spedizione avvenga entro 14 giorni e prescinde dalla data in cui i beni pervengono in magazzino.
A restituzione avvenuta verrà emesso accredito a storno totale dell’ordine fatta eccezione per gli eventuali prodotti non restituiti.