TERMS AND CONDITIONS OF SALE

GENERAL TERMS AND CONDITIONS OF SALE

This website wineclub.relaissanmaurizio.it is ownership of the company SAN MAURIZIO S.A. (fiscal code – VAT Number: 03702070040), in the person of  its  pro tempore legal representatives, Mrs Gallo Giuditta and Mr Corrado Alessandro, registered in the Company Registration List Cuneo (Registro Imprese di Cuneo), REA (Economic Administrative List) Number: CN-310769 and  dedicated to any kind of trade, food import and export and specifically wine, (hereafter “the Products”), via internet. The Web Site is projected, realised and managed directly by  SAN MAURIZIO S.A. and allows Users to:

• Visualize the Products they can buy through the Web Site
• Benefit from a home delivery service
• Pay the due sum to the company for buying the chosen Products.

The Company, within its policy of fairness and transparency, invites each web site user (hereafter “the user”), to carefully read the following general conditions which regulate the  services offered by the website (hereafter “general conditions”) , the chapter “assistance”, the additional conditions listed in the various different sections of the web site, special conditions for using each single service, included any document which they referred to or any other notice, legal  notice, information or disclaimer published in the web site and which have to be considered as integral and substantial of these general conditions before  carrying out any action. If the user does not want to accept these general conditions and/or any other notice, legal notice, information or disclaimer published or referred to in the web site, we invite you not to use either our web site or its relevant services.

1. Terms and conditions for using our web site

This document defines and regulates terms and general conditions for using Web Site and Services supplied by SAN MAURIZIO S.A., as identified above. Any User who buys on our Website is required to print or to save a copy of these General Conditions in electronic format. The use of our Website by any User is subject to the terms contained in these General Conditions, even in case the User does not use any Services or functions available.

In these General Conditions, in addition to other terms stated elsewhere, following terms have the meaning written near each of them.

And specifically:

Web Site: i.e. the internet web site  with address  wineclub.relaissanmaurizio.it and also all internet addresses (example: URLs, domain names and  pages ) and/or the relevant application software for using those Services controlled or managed by the Company for offering or supplying Services and also all mirrors, changes and backup and all web pages included in the sites.

The Company means: SAN MAURIZIO S.A., as above.

Service/s: single or  overall service and all related functions which are offered in our Web Site both free and paid, directly by the company or by third parties with the contribution of the Company. The word Services includes, so far not otherwise specified, all services, also paid, and the functions available to the Users through our Web Site.

User: the Visitor User, either Registered or occasional and in general anyone who is using or is going to use or exploit our Services or  the Website.

Visitor User: is the User who browses the Web Site and/or who uses functions and/or Services available to the Users without registration in the Web Site or subscribing no Service.

Registered User: is the User who subscribes to the Web Site giving personal data to get the access to the Products Supplying Service.

Occasional User: the Registered User who activates the Occasional Service under the conditions stated below.

Subscriber: the Registered User  who activates the Subscription Service under the conditions stated below.

Products: those Products sold to the Users by the Company on the Web Site.

Freight Forwarder: the transport company or  the freelance forwarding agent charged with the transport of the Products from the Producer to the User.

2. Contract Information

According to E-commerce regulations, SAN MAURIZIO S.A., informs you that, in order to make a purchase contract concerning one or more Services on our Web Site, the User will be required to fill in an order form in electronic format and to send it to SAN MAURIZIO S.A., by Internet, following instructions shown on  our Website for each purchasing steps. The contract will be considered stipulated when SAN MAURIZIO S.A., registers the purchase form, filled in by the User, after control of the correct data concerning the order and when the User has received confirmation to the e-mail address given by Registration. The User can find out and correct eventual data mistakes before sending the order form following instructions shown on the Website during each step of the purchase. After order registration, SAN MAURIZIO S.A., shall send an order confirmation notification to the e-mail address given by the User. This notice shows the right price, the chosen payment condition, together with a summary of the purchased Service with the relevant correct price, as well as payment conditions, forwarding costs and possible additional fees and how to exercise the right of withdrawal. The order form will be listed in the data bank of SAN MAURIZIO S.A., according to the law and as long as needed for Order fulfilment.

3. Change of General Conditions of Sale and for Using the Web Site

The Company reserves the right to update, supplement and modify the whole or part of these terms of our General Conditions as well as the documents referring to by them, the Privacy Policy, Services and relevant included contents, including prices for using these Services. The User undertakes to read them regularly. The Company will do what reasonably necessary and appropriate to inform the User about any change of these General Conditions and/or of the Services in the best way and according to what stated below. Changes to these General Conditions will be effective starting from publishing on the Website and will be valid only for sales thereafter. The Company will inform Registered Users concerning changes of these General Conditions, or of functions/limits relevant to Services and/or their prices, by means of a suitable information sent to the User’s mail address communicated at the time of registration on the Website and/or later on. Changes and updating are supposed to be accepted by the Users when they connect to the Website or by using the Website after the change has been published on our Website. If the User does not agree with the changes carried on, we invite him/her not to use the Website. If the User is a Registered User it is possible to withdraw from the contract and to cancel the User’s account in the section “My Profile” in the Website and clicking on “Cancel profile”.

4. Age and Residence

As far as Italian citizens are concerned, only people aging 18 and over are allowed to buy from the Website. Foreign purchasers can buy Products from the Site only if they are adult as for their national law. If there is no law in this matter the purchaser has to be 21 years old. Anyhow,  the user who buys from our Website  releases SAN MAURIZIO S.A. from any responsibility in case of Website purchase without respecting her/his national law concerning purchasing age limits.

The Service is automatically supplied by information systems. The User who wants to be registered or subscribe the Services or by registration and later on choosing the Services assures to be adult and that the supplied personal data are true, correct, updated and refer to the person who enters them, or supplied with the user’s informed consent. The user assumes any responsibility concerning correctness and truthfulness of the given information. If there are changes in the data given by the Users, it is their responsibility to inform the Company about the updated data as soon as possible.

5. Website Registration – Services Activation

Browsing within some sections of the Website and the use of some Services (such as, for instance: receiving newsletter and consulting the periodic sale offer of the Products) offered by the Website are free accessible also for Visitor Users. In order to use all the Services offered by our Website, the registration in the Website is necessary.

6. How to Register on our Website

In order to enter the Product purchasing Service the User has to sign in by giving some personal information (hereafter the “Registration”), stating a valid e-mail address and creating their own account (hereafter the “Profile”), following the relevant procedure for registration described step by step in order to give the Company the possibility of receiving enough purchasing profile for supplying the above-mentioned Services. Access to the service of purchasing Products is permitted only by username and password, which may be chosen in the registration step. The Registered User is allowed to enter her/his Profile anytime, in order to update or modify the given data, including information relating to preferences. It is understood that the  Registered User is the only responsible for the truthfulness and updating of such information. If the registered User does not complete payment procedure after having given e-mail address and/or other data required for registration, the User will  receive only limited information which invites her/him to complete the registration process and describe the service for which the registration procedure was entered notwithstanding the possibility for the User to withdraw from the contract and to be cancelled from the Website by writing to info@sanmauriziowineclub.com with reference “Cancellation Request”.

7. E-mail and Profile Cancellation

The Registered User undertakes to give a personal e-mail address assuring she/he legitimately disposes of and which enters regularly. The Registered User also undertakes to update promptly her/his E-mail address registered in the Account if a change occurs. Furthermore, SAN MAURIZIO S.A. reserves the right to cancel the account where we believe that the supplied E-mail addresses are not valid or potentially fraudulent.

At any time Users can delete their Profile by accessing the “Profile” section of the Website, clicking on “Account” and then on “Delete Account”.

8. Procedure for Purchasing Products

To buy the Products, the User shall select the products of her/his interest among those offered on the Website and put them into the cart and choose the desired delivery date and send the order to the Company.

Once completed the procedure of selecting the products and putting them into the cart, the Visitor User is invited to purchase the products as follows: (i) if not yet registered, shall make registration in the Website by providing the required data, among them their own valid E-mail address; or (ii) if the user is already registered, to login using login credentials. Once signed in, the User can send the order  by entering the required data, after careful reading and acceptance of these General Conditions and the Privacy Policy.

Occasional Service: the Registered User can  make single purchases by selecting each time the Products she/he would like to receive. To complete the order the Occasional User shall confirm in the section “addresses” her/his own delivery details and invoice, choose delivery date and pay by using one of the available payment terms.

By using the Occasional Service the User:

1. a) guarantees the availability of the sum necessary for the payment of the Products ordered through the Occasional Service,
2. b) expressly authorizes the Company or third parties, authorized by the Company, to keep credit card identification in its system, in order to allow the Occasional User a new service purchase in the easiest way,
3. c) expressly authorizes the Company to issue a receipt or an invoice (if the purchase was made by a person with VAT Number) of the Occasional Service on the personal Profile (section “Historical Invoices”) where the User can download the electronic document.

9. Products Availability

The availability of the products refers to the actual availability when the customer orders. Availability has to be considered purely indicative because many users can be present on the Website at the same time. Therefore, the products can be sold to other customers before the order has been confirmed. Even after sending of order confirmation some products can be unavailable partially or completely. If this is the case, the order is automatically modified by deleting the unavailable product and the user is immediately informed  by email.

If the customer asks for order annulations thus terminating the contract, SAN MAURIZIO S.A.  will refund the paid sum within  15 days, starting from the moment where  SAN MAURIZIO S.A. received the customer’s decision to terminate the contract.

The availability of the products refers to the actual availability when the customer orders. Availability has to be considered purely indicative because many users can be present on the Website at the same time. Therefore, the products can be sold to other customers before the order has been confirmed. Even after sending of order confirmation some products can be unavailable partially or completely.

In any case of unavailability of the ordered Product, without prejudice to the rights attributed to the user by law, the user will be promptly informed by e-mail or by telephone. The user may be entitled to terminate the contract, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraph, of the Consumer Code (Italian). In the event that the user makes use of the right to terminate under Article. 61, IV and V paragraph, Consumer Code or in any case where the payment of the total amount due has already occurred, wineclub.relaissanmaurizio.it will refund the amount without undue delay and, in any case, within a maximum of 15 working days from the date of collection. This amount will usually be credited to the same means of payment used by the user for the purchase or the different means agreed between the user and wineclub.relaissanmaurizio.it. Any delays in crediting may depend on the bank, the type of credit card or payment solution used.

In the case of orders for multiple products, if the unavailability affects only some of the products covered by the Multiple Order, without prejudice to the rights granted to the user by law, wineclub.relaissanmaurizio.it will immediately notify the user by e-mail or telephone. The user will be, therefore, entitled to terminate the contract, limited to the Product(s) become unavailable, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraph, of the Consumer Code. In the event that the user makes use of the right of termination under Article 61, IV and V paragraph, 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, wineclub.relaissanmaurizio. it will refund the amount due in relation to such Product/s, including the delivery costs and any other additional cost due in relation to such Product/s without undue delay and, in any case, within the maximum term of 15 working days from the sending of the order. The amount of the refund will be communicated to you by e-mail or telephone. This amount will be credited to the same means of payment used by the user for the purchase or by any means agreed between the parties. Any delays in crediting may depend on the bank, the type of credit card or payment solution used. The termination of the entire Multiple Order will be possible only in the case of evident and proven ancillary nature of the Products object of the Multiple Order which have become unavailable compared to the other Products object of the Multiple Order available.

10. Acceptance and Confirmation of the Order

The order sent by the User is binding for the Company only if the whole order procedure is correct and completed regularly and  no error messages are sent by the Website.

Once the order is accepted, the Registered User receives confirmation through E-mail and can visualize in her/his “Profile” the order confirmed with the list of the ordered Products, their prices and the delivery date. The User acknowledges and accepts that sometimes not all products may be delivered. If this happens, the Company will refund immediately  the amount relevant to the Products which have been ordered and not delivered. In any case, the right of withdrawal by the Customer remains and can be exercised in the forms and terms referred to in Art. 19 hereafter.

On user demand, for each order, SAN MAURIZIO S.A. will issue the invoice in electronic format concerning the purchased Products. The Registered User will receive the invoice by e-mail.

11. Payment and Prices

Products price is shown on the Website unless it is clear that the displayed price is wrong.

In case of a mistake SAN MAURIZIO S.A. will notify the buyer and confirm the order at the right price or allow the annulation. Anyway, it is not compulsory that SAN MAURIZIO S.A. supplies what ordered  at the lower price shown by mistake.

The prices shown on the Website include TVA  while shipping costs are not included.

Prices can vary in any time. Changes do not affect those orders for which an order confirmation has already been sent.

Once selected the desired products, are added to the cart. Please, follow purchase instructions by adding or checking the information required at any step of the process. Order details can be changed before the payment.

The payment can be made by credit card, debit card, prepaid card, bank transfer or in other ways which have to be expressly agreed on.

12. Delivery

Shipment price due by the User for a specific order is clearly and separately shown (in Euro and including VAT) during purchase procedure, in the order summary and anyway before the User sends it.

If no specific delivery time has been given, delivery will take place, in any case, within thirty days after contract date.

Delivery  obligation is fulfilled when the products are consigned or anyway when the User has controlled the received Products.

It is up to the user to verify the conditions of the delivered Product or of the Product she/he has picked up. It is understood that the risk of loss or damage to the Products, for reasons independent from  SAN MAURIZIO S.A. is transferred to the User when she/he, or a third party committed by the User and not the forwarder, comes into possession of the Products. Therefore it is recommended that the User checks the quantity of Products she/he received and that the package is intact, not damaged, neither wet or altered, even in the closing materials of the package. We suggest to the customer, in her/his own interest, to write on the delivery note of the courier any exceptions and to accept the parcel with reserve  (e.g. damaged parcel, wet package).

If the customer accepts the Products without reserve, there is no possibility for her/him to take legal action against the courier and/or SAN MAURIZIO S.A., in case of loss or damage of the Products except if the loss or damage are due to wilful misconduct or gross negligence of the courier, excluded partial loss or damage not recognizable at delivery. If this is the case, the damage has to be reported as soon as acknowledged and no later than eight days after receipt.

If the package shows clear signs of damage, we recommend the user to inform the Website customer service promptly. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid.

In the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation, provisions according to art. 61 of the Consumer Code (Italian) are applied.

13. User Obligation

The User undertakes not to use this Website or the relevant Services for illegal purposes or for purposes not included in these General Terms. It is forbidden to the User to use the Website or its relevant Services to damage or hacking the Website or to interfere with the use and enjoyment of the Website by other users.

The Registered User has to keep login credentials of her/his Account confidential and is responsible for any use of the Website by anyone who log in using her/his credentials. The Registered User undertakes to:

1. Not to use machines, algorithms, software or other automatic functions to generate the recall of other pages or materials,
2. Not to generate page calls by chain letters, email or other means by which a person or a group of people are requested to visit a page,

• Notify the Company immediately in the event of a suspected breach of the security of their Account.

14. Service Blocking and Cancelling

If the Registered User would like to cancel her/his profile, she/he has to enter the Account (section “My Profile” in the Website) and select the option “Cancel Service Registration”, following the shown procedure.

15. Contract and Service Termination

The Company reserves the right of informing the User that the access and use of our Website and the relevant Services, or part of them, is forbidden at any time and with immediate effect, in case the User breaches her/his obligations according to previous Art. 8 (Procedure for Purchasing Products) and 13 (User’s obligations). The Website Login can be also interrupted in case of technical problems or for assuring maintenance. If this is the case, we will notify, whether possible, on the Website. The Company can better or change the Website and the relevant Services at any time if necessary for technical reasons or to comply with the current regulations. The Company reserves the right to stop, completely or partially, the provision of Services at any time and with reasonable notice, in order to allow the Registered Users the fruition of the sent orders. If this is the case, the Company will give prompt notice to the Registered Users per E-mail and also to all Users by a relevant notice on the Website.

16. Intellectual Property

All trademarks, names, as well as any distinctive sign, denomination, image, picture, written or graphic text used in the Website or relating to the Products may not be reproduced, either in their whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without prior written consent of the Owner.

17. Limits of Responsibility

The Company is committed in the implementation of the quality norms concerning the Products only until the delivery to the address specified by the User. Any liability relating to the poor condition of the Products due to  improper storage after delivery or at other delivery points authorized by the user is excluded.

The Company declines any responsibility concerning any information, data and  any technical inaccuracies or other incorrect information which could be displayed on the Website.

Any disputes concerning the Service can be raised, under penalty of decadence, within 48 (forty-eight) hours after delivery by writing to the E-mail address: info@sanmauriziowineclub.com or in the section  “Contact Us” and documenting the dispute also by pictures.

The Company is not responsible for damages due to the inaccessibility of Services following problems connected to the net, to providers or telephone connections and/or telematic out of the control of our company , or due to the faulty operation of the User’s electronic equipment.

The Company is not responsible for the contents created or published on third parties’ Websites with which our Website has links. The User who decides to visit an Internet Website connected to our Website does this at her/his own risk, and assumes the responsibility of taking all necessary measures against viruses or other malware.

18. Guarantee and Commercial Conformity

The seller is responsible for any defect in the products offered on the site, including the non-conformity of the items with the ordered products, according to the Italian law.

The images and descriptions on the website reproduce as faithfully as possible the characteristics of the Products. The images of the Product present in the Product Sheet may differ in terms of vintage and/or size or in relation to any accessory products. Such images must therefore be understood as indicative and within the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form transmitted by the User will be considered authentic. Therefore, the User acknowledges and accepts that any minor differences do not constitute a lack of conformity of the products.

If the customer  has entered the contract as a consumer, that is anyone who acts on the Website for purposes outside a business or professional activity, this guarantee is valid provided that the defect occurs within 24 months after products delivery and the customer makes a formal complaint concerning the defects within maximum 2 months after she/he noticed the defects and that the online return form is correctly filled in.

In case of n on-compliance, the customer who entered the contract as consumer has the right of receiving compliant products free, by repair or replacement or to obtain an appropriate price reduction or the termination of the contract concerning the disputed goods and the consequent refund of the price.

Any return costs for defect products are borne by the buyer.

19. Right of Withdrawal

The user who acts as a consumer has the right to withdraw from the contract made with the site wineclub.relaissanmaurizio.it without bearing other costs than those stated in this Article and without explaining the reason, within fourteen (14) calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:

• In case of an order for only one Product, after the date when the user or a third party, different from the courier and committed by the user, acquires possession of the Product;
• In case of a Multiple Order with separate deliveries, after the date when the user or a third party, different from the courier and committed by the user, acquires possession of the last Product;
• In case of an order concerning the delivery of a Product made of batches or multiple pieces, after the date when the user or a third party, different from the courier and committed by the user, acquires possession of the last batch or piece.

To exercise the withdrawal right, the user informs wineclub.relaissanmaurizio.it about her/his decision of withdrawal before the Withdrawal Period expires. To withdraw, the user must send a request using the page Contact Us, with an explicit statement of withdrawal from the contract. (Declaration of Withdrawal). Since the burden of proof to exercise the right of withdrawal before expiration date of the Withdrawal Period is a user’s task, it is in the user’s interest to keep a copy of the e-mail sent to the Website wineclub.relaissanmaurizio.it with the Declaration of Withdrawal. For returning the Product, the user can use a courier of her/his choice with return costs charged to the user. Then the user, once exercised  the withdrawal right in the manner stated above, must return the Product to wineclub.relaissanmaurizio.it, using a courier of her/his choice and the user is charged with the return costs, without undue delay and in any case within 20 calendar days after having informed wineclub.relaissanmaurizio.it about her/his decision of withdrawal. The deadline is met if the user returns the Product before the expiry of the fourteen-day. The Product, suitably protected and packaged, has to be sent to the following address info@sanmauriziowineclub.com. The direct costs of returning the Product to  wineclub.relaissanmaurizio.it are borne by the user. The return of the Product to  wineclub.relaissanmaurizio.it takes place under responsibility of the user.

If the user entered 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. If the user withdraws from the contract, we will refund the Total Due Amount paid by the user for the Product, without delay and anyway within 14 calendar days after the date when the Products subject to withdrawal have been received                                                                                                                                 in the same conditions where they were sold. The refund will be made by the same   payment method  used by the user for the transaction or in a different way agreed between the parties. Anyway, the user will not be charged with any additional costs following this refund. In case of partial withdrawal, the amount of delivery costs to be refunded to the user due to the withdrawal is calculated proportionally with respect to the value of the product subject to withdrawal.                                                                                                                   The user is responsible only for the decrease in value of those goods due to a wrong handling of the Product, different from that needed to recognize the product with certainty. The Product has to be anyway guarded, handled and checked with normal care and returned intact, complete in any part, with all accessories jointed to the Product and intact, not manipulated, with no sign of wear or dirt.                                                                                                                       The withdrawal, furthermore, applies to the Product as a whole. Therefore, it cannot be made with relation to parts and/or accessories of the Product (which are not standalone Products).  If the withdrawal is not made according to the applicable regulation, the contract is not cancelled and , therefore, no refund is due.                                                                                               wineclub.relaissanmaurizio.it will inform the user and reject the request of withdrawal. The Product, if already received by wineclub.relaissanmaurizio.it remains at the logistic office disposal of the customer ready to be picked up by the user, by contacting info@sanmauriziowineclub.com and asking for address information. Collection is at the expense and under responsibility of the user.                                                                                If the value of the withdrawn Product is decreased because  the handling was not correct with respect to that needed to clearly identify the product, the refund will be decreased by an amount equal to the decrease in value. SAN MAURIZIO S.A. will inform the user about this and about the decreased amount of the refund and will give to the user – if the amount was already refunded – bank data for the payment  of the amount due by the user because of the decreased value of the Product.                                                                                                            If withdrawal is not applicable according to the law, this circumstance will be written in the Product Sheet during purchase procedure, before the user sends the order. According to art. 59 Consumer Code, we remind the user that the right of withdrawal is excluded if the sale refers to: i) tailor-made or clearly personalised products;
(ii) the provision of goods that are likely to deteriorate or expire rapidly; (iii) sealed products that cannot be returned for hygienic reasons or for reasons connected to health protection and which were opened after delivery.

20. Safeguard Clause

If one of the provisions written in these General Conditions of Sale is  null for any reason, this does not affect, in any case, validity and respect of the other provisions contained in these General Conditions of Sale.

21. Disputes – Jurisdiction

The contracts made between the Users and wineclub.relaissanmaurizio.it are governed by the Italian law. User consumers who have not their habitual residence  in Italy will be allowed more favourable and mandatory provisions according to the law of the country where they have their habitual residence. In particular the terms for exercising the right of withdrawal, for the return of the Products and in case of withdrawal concerning the methods and formalities of withdrawal communication and the legal guarantee of conformity could be applied according to the Law of their country.

We inform the user with consumer qualification according to art. 3, paragraph 1, let. A) of the Consumer Code that if she/he filed a complaint on the Website wineclub.relaissanmaurizio.it,for which no negotiated solution  was found, our Website wineclub.relaissanmaurizio.it will give information concerning the Alternative Dispute Resolution authorities for the extrajudicial solution of disputes concerning obligations relevant to a contract made according to these General Conditions of Sale.

Furthermore, we inform the user with consumer qualification according to art. 3, paragraph 1, let. A) of the Consumer Code that a European platform has been set up for the on-line solution of consumers disputes. You can find it at following address: http://ec.europa.eu/consumers/odr.

The consumer has in any case the right of appealing the competent honorary judge for the dispute deriving from these General Conditions of Sale.

The user who lives in a country member of the European Union, other than Italy, can access to the European procedure for  small claims according to the (EC) Regulation n. 861/2007 European Council of July 11^th, 2007 for any dispute concerning application, execution and interpretation of these General Conditions of Sale

For more information about the above-mentioned possibilities the Customer can anyway contact the Company at the “contact us” page.