In this section you will find all the legal information governing access and use of the website www.chateaudesmurge.com Access to and use of this Website, as well as the purchase of Chateau des Murge products, presuppose the reading, knowledge and acceptance of the following General Conditions of Sale. We therefore invite you to regularly access this section to check, before making any purchase, the publication of the most recent and updated General Conditions of Sale of www.chateaudesmurge.com
I. SCOPE OF APPLICATION
1) These General Conditions of Sale (“Conditions”) govern the sale of products and services through the Site and form an integral part of each Sales Agreement (“Contract”) that is concluded via the internet between: The Azienda Agricola Tenuta Viglione di Giovanni Zullo – P.I. 05599730727 – Tax Code ZLL GNN 66A18 A048 N – Via Carlo Marx 44 / P – 70029 Santeramo in Colle (BA) – Italy – The seller – and any person who purchases products or services from the Website www.chateaudesmurge.com (The “Website”) – The client – 2) Any Purchase Order for products on the website www.chateaudesmurge.com is governed by these Conditions, without prejudice to the Seller’s right to apply different and particular conditions. The applicable Conditions are those in force at the time of placing an Order. 3) The company that owns the site reserves the right to modify these General Conditions of Sale at any time, without prior notice. 4) These Conditions do not regulate the sale of products or the provision of services by parties other than the Seller, which are present or recalled on the Site through links, banners or other links. In relation to such sales or supplies of services, any form of liability of the Seller is therefore excluded.
II. ORDERS
5) The Customer undertakes, before proceeding to confirm his Order, to read these Conditions and accept them.
By placing an Order through the Site, the Customer guarantees both that he has the capacity to act necessary to conclude legally binding contracts, and that he is over 18 years old.
Customers who place Orders through the Site accept the Terms and Conditions as follows.
6) The Seller offers its products for sale within the limits of stock available at the time of the Purchase Order. Orders may be subject to quantity limitations, minimum or maximum.
7) The Customer can only purchase the products in the electronic catalog of the Site at the time of placing the Order, as described in the relevant information sheets.
The information on the products on the Site, such as technical specifications, images, dimensions or compatibility details, are not binding and may be subject to change at any time.
8) The technical steps for placing an Order are clearly highlighted in the sequence of pages of the Site, through explanatory texts and graphics.
9) By clicking on “Confirm Order”, the Customer will formulate a contractual purchase proposal concerning the items contained in the Cart. Receipt of the Order does not constitute acceptance of the contractual purchase proposal.
10) To complete the Order, the following formalities must be completed:
a) reading and acceptance of the Customer, by point and click, of these Conditions;
b) compilation in electronic format by the Customer – by entering all the required data – of the Order Form, which contains a summary of the essential characteristics of each product or service chosen and its price; the means of payment for which the Customer has opted; the methods of delivery of the purchased products; shipping and delivery times and costs; of the conditions for exercising the Customer’s right of withdrawal and for the application of the legal guarantee of conformity; the methods and times for returning the purchased products;
c) payment, in favor of the Seller, of the price of the product (s) purchased by the Customer, including shipping and delivery costs; d) automated electronic forwarding to the Seller of the aforementioned Order Form;
e) receipt of the above Order Form electronically by the Seller.
The execution of the Order involves the express acknowledgment by the Customer of the obligation to pay.
11) The correct receipt of an Order is confirmed by e-mail to the e-mail address supplied by the Customer
This confirmation is generated automatically by the system and cannot in itself be considered acceptance of the Order, but only confirmation of receipt of the same.
The confirmation e-mail re-proposes all the data entered by the Customer, who undertakes to verify its correctness and promptly communicate any corrections.
12) Following receipt of an Order, the company will check the availability of the ordered products and, only after this verification, will it communicate its acceptance of the Order, by sending the Customer the Order Acceptance Receipt.
The Contract ends with the receipt by the Customer of the acceptance of the Order in the form of a Receipt sent, or, in the absence of such acceptance, with the delivery of the items covered by the Order.
Once the Order Acceptance Receipt has been forwarded to the Customer, it will no longer be possible to modify or cancel the Order, without prejudice to the right of withdrawal under the terms and conditions set out in Section VI of these Conditions.
13) If the company is unable to fulfill an Order received, it will promptly notify the Customer, and in any case before sending the Order Acceptance Receipt to the latter, except as provided for by the following art. 14, paragraph 2.
In any case, the company that owns the site reserves the right, at its sole discretion, to refuse an Order, to set purchase limits and to require advance payment.
Each Contract will concern exclusively the products expressly and specifically indicated in the Purchase Order.
Any form of liability, contractual or extra-contractual, deriving from the non-acceptance of an Order is excluded.
14) The Seller will have the right not to process the Purchase Orders made in accordance with the provisions of the previous provisions, in the event that the Customer has not paid for the products; or in the event that the Customer’s data are incomplete and / or incorrect; or even in the event that the ordered products are not, even temporarily, available.
If the Seller does not execute a Purchase Order placed by the Customer, the Seller will promptly inform the Customer, by e-mail, of the above and will refund any amount already paid by the Customer.
III. PAYMENT OF THE PRICE
15) The price of the products ordered is the one in force on the day the Order is placed and must be paid to the Seller pursuant to the previous Article 10, lett. c).
Shipping costs are not included in the purchase price, but are indicated and calculated at the time the Order is concluded and before payment is made.
Unless otherwise provided, all prices indicated on the Site are to be understood as inclusive of VAT.
The company owner of the site reserves the right to change prices at any time, without notice, unless the Customer’s Order has already been confirmed by the Seller pursuant to art. 12.
In the event of a price change after the Order has been sent by the Customer and before confirmation by the Seller, the latter will promptly communicate, by e-mail, the new price to the Customer, who can accept the change or refuse it and, consequently, renounce the Order, at no additional cost.
Acceptance of the change must be communicated, by e-mail or fax, within 7 days of its notification. Otherwise, the change will be considered tacitly rejected and the Order will be deemed canceled.
16) The Customer can pay for the ordered products through one of the payment methods indicated on the Site.
In the case of payment by credit card, the purchase amount will be charged to the Customer after the conclusion of the Order on the Site. In the case of cash payment, the amount of the Order will be charged to the Customer upon delivery of the products.
In the case of payment by bank transfer, the Customer will receive the bank details attached to the Order Form: the Order will only be processed following receipt of the credit from the Seller.
The related financial information will be handled solely by the payment circuits or by the credit institution.
The aforementioned information may be used by the Seller only to complete the procedures relating to the payment of the products or services, or to provide for refunds following the Customer’s exercise of the right of withdrawal referred to in the next Section VI of these Conditions.
IV. SHIPPING AND DELIVERY OF PRODUCTS
17) Orders are processed from 9.00 to 17.00, Monday to Friday. Orders placed after 5pm on Friday will be processed the following Monday.
Unless otherwise provided in the Order Form, the company that owns the site will ship the products purchased by the Customer, by courier, to the address indicated by the same, approximately within 24 working hours from the acceptance of the Order.
Delivery takes place no later than 30 days from the acceptance of the Order.
The company owner of the site assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disservices of the internet, in the event that it fails to execute the Order within the times provided for in the Contract.
18) If the purchased products are to be delivered outside the national territory, the Customer is responsible for paying any import duty and tax, as well as any duties and customs duties provided for by the legislation in force in the territory of destination of the products. 19) The courier is responsible for the delivery. The company that owns the site undertakes to collect any reports of non-delivery or delayed delivery of the products.
20) Any damage to the packaging and / or products, or the mismatch in the number of packages or indications, must be immediately reported to the courier through specific indication on the delivery document.
By signing the delivery document and in the absence of the aforementioned disputes, the Customer certifies the real material integrity of the products and the conformity of the delivery.
The facts referred to in paragraph 1 of this article must be reported, by e-mail, to the Seller within 8 days of delivery, attaching the invoice (if issued) and the copy, pertaining to the Customer, of the waybill of the Courier service.
V. BILLING
21) The Seller will issue an invoice for each Customer who requests it at the e-mail address amministrazione@chateaudesmurge.com, requesting it within 24 hours of order acceptance. No modification of the invoice will be possible after it has been issued.
VI. RIGHT OF WITHDRAWAL AND RETURNS
EXCLUSION OF THE RIGHT OF WITHDRAWAL
22) Being the sale of food products, which “risk deteriorating” as they are subject to alteration also as a result of inappropriate storage, for reasons of hygiene and customer protection, the right of withdrawal is not applicable. You are therefore granted the right to return the purchased goods solely for non-compliance of the order or products (ie for product or package manifestly damaged upon delivery or quantities and / or incorrect type with respect to the order).
23) RETURN OF A NON-COMPLIANT AND / OR DAMAGED PRODUCT
If you have received a product that is manifestly damaged, non-compliant, defective or incorrect, you can request a refund of the item by communicating it via email to ordini@chateaudesmurge.com.
Upon receipt of the order, you will still have to wait 24 hours to allow the update of successful delivery.
24) HOW TO REQUEST RETURNS
The right of withdrawal does not apply to our food products. Therefore, if the products are not damaged, it is not possible to return the order.
If you want to make a return, follow these simple steps:
1. After 24 hours from receipt of the order, send your “Return Request” by email to ordini@chateaudesmurge.com. Indicate the order number containing the items you wish to return or replace, indicating the specific reason “Product damaged, non-compliant, incorrect sending” and attaching one or more images of the item in question, in which the defect is clearly visible.
2. Look at your mailbox, you will receive a confirmation e-mail containing the return authorization, the courier’s contacts to return the package and the address of our warehouse that you will have to print and apply on the outside of the box containing the products you wish to return.
In the event of a return for a product that is clearly damaged, non-compliant, defective or incorrect, the costs of the service to return the product will be free, if you choose to use our courier.
In the event of a return for a product that is manifestly damaged, non-compliant, defective or incorrect, we reserve the right to refund the defective item only after having carried out the appropriate quality checks, to verify the actual non-compliance of the returned product.
In the event that the non-conformity of the product is ascertained, we will refund with the same payment method used for the purchase (credit card, prepaid card, PayPal, etc.) or by bank transfer.
VII. APPLICABLE LAW AND JURISDICTION
29) These General Conditions of Sale and the Contract are governed by Italian law, except as provided by the Vienna Convention of 1980. 30) Any dispute arising from the application of these Conditions or from the Contract will be subject to the jurisdiction of the Italian judge, in accordance with the provisions of current Italian legislation.