General terms and conditions of sale.
1. Background information.
The website myoldcantinetta.com is owned of the sole proprietorship My Old Cantinetta di Paolo Spartani (hereinafter also the “Company”) with registered office in Rapallo, Via Aurelia Levante n. 107 – VAT no. 02646500997 and registered with the Economic and Administrative Index under the serial number REA GE- 501413 — e-mail firstname.lastname@example.org and certified e-mail: email@example.com.
The Company sells its products via the internet and My Old Cantinetta website is entirely designed for this very business activity.
2. Relevant definitions.
For the purpose of granting greater transparency towards all those interested in visiting My Old Cantinetta website, the definitions considered useful are set out below:
a) Consumer: any natural person who is acting for purposes which are outside his trade, business, craft or profession; (art. 3 of Legislative Decree no. 206/2005);
b) Trader: any natural person or any legal person acting for purposes relating to his trade, business, craft or profession including through any other person acting as intermediary (art. 3 of Legislative
Decree no. 206/2005)
c) Consumer Code: Legislative Decree no. 206/2005 which governs, amongst other things, the contracts concluded between the trader (as defined at b) above) and the consumer (as defined at a) above).
3. Pre-contractual information.
3.1. Conclusion of a contract of sale.
In order to conclude a contract for the purchase of products traded by the Company, the visitor must, preliminarily, register on the website (myoldcantinetta.com) in the section “My account”. It is possible to use the online shopping cart on the website for the purchase of the products. Through this procedure, in particular, it will be possible to order the products. Once received the order, My Old Cantinetta proceeds with its registration and the customer will receive a confirmation of the order to the email address provided by the consumer when registering with the website.
The contract is concluded when the customer receives the confirmation of the order.
The payment of the price must be made as specified in clause 3.5).
In addition, for a valid conclusion of the contract the order must be equal to at least € 100.00 excluding delivery costs.
3.2. Completion of the order.
The order will be sent to the Company via its website only when it is complete in all its parts and price has been paid both for the sale of the products including any applicable taxes (which are inherent
to the Company’s business activity) and for the delivery costs (see below).
3.3. Order confirmation receipt.
The order confirmation receipt shall include a summary of: a) the general terms and conditions of the contract; b) the products purchased; c) the price for the single products net of delivery costs; d) the procedures for exercising the right of withdrawal; e) the taxes levied exclusively on the company’s transaction made via e-commerce, excluding taxes for delivery (see below); f) delivery times.
3.4. Delivery costs.
As indicated in the Delivery and Payments section of the website myoldcantinetta.com, the Company avails itself of specialised shipping companies for the provision of delivery service, whose costs are
analytically listed in the table to which the Delivery and Payments section redirects via the link “Click here”.
3.5. Methods of payment.
The payment of a successful order must be made exclusively via PayPal and credit card circuits (Visa, MasterCard, American Express).
3.6. Data storage.
The order received will be kept by the Company for the time necessary for its processing in compliance with the privacy requirements set out by the Legislative Decree no. 196/2003 and Regulation (EU) 2016/679.
3.7. Delivery times and methods.
Except in case of unforeseeable and exceptional events, in presence of which the Company shall be
exempted from any liability, the delivery of the products by a specialised shipping company shall be
made according to the following times:
– 5 days for deliveries to Italy;
– 10 days for deliveries to EU Countries;
– 20 days for deliveries to non-EU Countries.
The times indicated above shall be understood as starting from the date of conclusion of the contract
The delivery of the products will be in packages. Package must be made in accordance with the
professional packaging methods.
3.8. Guarantees provided by My Old Cantinetta.
The Sole Proprietorship My Old Cantinetta guarantees that the bottles received by the client shall correspond to those ordered with regard to the type of product purchased.
In presence of defects, the guarantees provided for by Articles 1490 ff. of the Italian Civil Code shall apply, whilst those provided for by the Consumer Code (Articles 128 ff.) shall apply if the buyer qualifies as a consumer.
3.9. Exclusions of liability.
Based on the type of products sold, My Old Cantinetta does not guarantee the following:
a) the products purchased are drinkable;
b) the bottles ordered shall be delivered intact;
c) the bottles shall be delivered without any leakage or loss of product (wine/whiskey/rum).
In view of the above, My Old Cantinetta is exempted from any liability.
4. Right of Withdrawal.
4.1. The right of withdrawal shall be granted in contracts concluded between My Old Cantinetta and a person who qualifies as consumer in accordance with Art. 3 of Legislative Decree no. 206/2005.
The right of withdrawal shall be exercised by the consumer in accordance with Articles 52 ff. of Legislative Decree no. 206/2005.
In cases where the right of withdrawal is allowed, the consumer may exercise the right of withdrawal by 14 days without having to provide any reasons.
The withdrawal period will expire after 14 days from the date on which the consumer has acquired possession of the goods being ordered to the Company.
4.2. The right of withdrawal shall be deemed as duly exercised by the consumer by sending a notice to the e-mail address firstname.lastname@example.org or to the certified e-mail address email@example.com with the provision of the following necessary information: a) the order number; b) the invoice number; c) the consumer’s name and surname; d) the consumer’s e-mail address or certified e-mail address and/or telephone number; e) the date on which the products were delivered.
4.3. Within 14 days from the date on which the consumer exercised his/her right of withdrawal by sending the notice of withdrawal, the consumer must return the purchased products directly or through a person authorised by My Old Cantinetta, sending them to the Company’s registered office. The cost for returning the goods shall be borne by the consumer.
The products must be delivered intact and, in any event, in the same conditions in which they were received by the consumer.
Upon receipt of the returned products, the Company will refund the price paid by the consumer by bank transfer or PayPal within 7 days of receipt of the goods and after inspecting their integrity and,
in any case, their conditions.
4.4. According to Section 59(1)(e) of the Italian Consumer Code, the right of withdrawal is
excluded if the bottles purchased have been opened by the consumer after delivery.
5. Updates to the general terms and conditions of sale.
My Old Cantinetta reserves the right to update and/or amend the general conditions of sale published on myoldcantinetta.com website.
Updates/amendments shall take effect from the date of publication on the website and shall apply to sales concluded after their publication.
Updates/amendments to the general terms and conditions of sale are considered accepted by users as a result of placing a purchase order for the products.
6. Protection of minors and truthfulness of data provided by the user.
The sale of alcoholic beverages to persons under 18 years of age is prohibited. The Company provides the service of selling bottles of wine and whiskey through computerised systems. The user intending to purchase the products advertised on the company’s website by registering on the website represents and guarantees to be of legal age and that the data provided are true, correct and up-to-date, assuming all responsibility for the correctness and truthfulness of the information provided. The owner of the company My Old Cantinetta is therefore exempted from any liability related to the truthfulness/correctness of the data provided by the user.
In the event of any changes to the data provided by the User, the user shall inform the Company of these changes.
Any dispute arising from the contract or related thereto shall be referred to:
a) the court of the place of residence or domicile of the consumer in the case of a contract concluded by My Old Cantinetta and a person which qualifies as consumer pursuant to art. 3 of the Consumer
b) in any other case, the exclusive jurisdiction of the Court of Genoa (Italy).