TERMS OF SALE DISTANCE SELLING AGREEMENT (drafted in accordance with Legislative Decree February 21, 2014, no. 21)
This contract is entered into between Cantina Foderà with registered office in Contrada Giardinello, 154, 91025 Marsala (TP) – VAT number 02671190813 (hereinafter: “Cantina Foderà”) – and the end consumer (hereinafter: “Customer”) and is configured as a distance contract. It is governed by Legislative Decree February 21, 2014, no. 21, implementing Directive 2011/83/EU on consumer rights and concerns the sale of movable goods (wine, food products, and promotional items).
With this contract, Cantina Foderà transfers or undertakes to transfer the ownership of said goods to the Customer, and the latter pays or undertakes to pay the price. The purchase of goods can take place through the following methods:
- Website www.cantinafodera.com
The purchasable goods are presented on the website, in paper or electronic catalogs, via email, postal mail, telephone, and television channels. It is specified that Cantina Foderà intends to serve exclusively the end consumer, to whom all products for sale are intended.
Entities with VAT numbers wishing to receive an invoice must request it, providing details, at the time of ordering. Starting from January 1, 2019, following the introduction of the obligation of electronic invoicing, it will not be possible to issue an invoice if not requested at the time of ordering.
How to Order – Sales Contract Website www.cantinafodera.com
The Customer must fill out the order form (form) displayed on the screen, representing their shopping cart, the content of which can be modified by the Customer at their discretion. It is possible to correct errors by accessing the cart before the final phase that concludes the order. After selecting the products, the Customer will view the contents of the cart and the corresponding amount to be paid, with the possibility of updating and/or modifying it.
Then, the Customer will proceed, by clicking on the appropriate button, to fill out a form with the information necessary for billing (if requested by the customer), payment, and delivery. Finally, the cart and the corresponding amount to be paid will be displayed again. The sales contract will be considered concluded only when the Customer has accepted the sales conditions provided by the contract by clicking the “Order and Pay” button. If the Customer does not accept the sales conditions and/or does not proceed to confirm acceptance of the contract by selecting the “Order and Pay” button, the sales contract is not considered concluded, and the Customer cannot receive the order. In this case, Cantina Foderà will not send the products in the cart nor charge the Customer for the amount resulting from the summary of their cart. However, the Customer will receive an email from Cantina Foderà confirming the order has been received, sent to the email address provided by the Customer when composing the order.
Description of Products, Features, and Prices
The characteristics and description of the products for sale are indicated in paper and electronic (online) catalogs next to each product or, in the case of the website, through a specific link. The prices of goods are presented on the website, including VAT and any other applicable taxes. The duration of promotions and offers is indicated next to the product or offer to which it refers, as well as the applied prices. Any additional expenses, where provided, are indicated next to the product to which it applies.
A fixed shipping contribution is required for each order delivered to the Italian territory to the same recipient, regardless of the number of products delivered in a single solution. For orders through the website, the amount is always indicated and visible during the purchase process. For bulky packages or for particularly valuable transported goods, a packaging contribution may be required, the amount of which varies depending on the product to be delivered and, in any case, is transparently indicated in the documentation – paper or electronic – that allows the order to be completed.
Accepted Payment Methods
Accepted methods include: (i) CartaSì, MasterCard, American Express, Visa; (ii) cash on delivery (iii) and PayPal. It is specified that Cantina Foderà will not impose on Customers, in relation to the above-mentioned payment cards, charges for their use, or, in expressly established cases, fees that exceed those incurred by Cantina Foderà. The card issuing institution reimburses the Customer for payments in case of overcharging compared to the agreed price or in case of fraudulent use of their payment card by Cantina Foderà or a third party. The card issuing institution has the right to charge Cantina Foderà the sums reimbursed to the Customer.
Delivery Terms and Responsibility
Cantina Foderà, in compliance with art. 61, Legislative Decree 21/2014, undertakes to deliver the ordered goods. Delivery is considered complete when the ordered goods come into the possession of the Customer or the person the Customer has delegated to pick them up. In case these terms cannot be met (e.g., products not in stock), Cantina Foderà undertakes to notify the Customer in the most timely manner to inform and indicate when the goods can be delivered. Although art. 63, Legislative Decree 21/2014 establishes that if the products suffer loss or damage due to causes not attributable to Cantina Foderà, the risk transfers to the Customer only when the latter, or a third party designated by him and different from the carrier, physically takes possession of the goods, Cantina Foderà guarantees the replacement of damaged products at no cost to the Customer, informing them by email or phone.
Unless the Customer’s consent is given, to be expressed before or at the time of the conclusion of the contract, Cantina Foderà will not provide any supply other than that agreed upon, even if of equivalent or higher value and quality. If the Customer receives an unsolicited supply, they must notify the Cantina Foderà Customer Service at Contrada Giardinello, 154, 91025 Marsala (TP) – VAT number 02671190813, so that Cantina Foderà can arrange to retrieve the supply and refund the Customer any amount already paid.
Right of Withdrawal
Although art. 52, Legislative Decree 21/2014 allows the Customer to exercise the right of withdrawal (i.e., the right to return the goods, for any reason and without giving reasons and without any charge to them) after 14 (fourteen) days from the delivery of the goods, Cantina Foderà grants the Customer the extended period of 30 (thirty) days from the delivery of the goods. Therefore, the Customer can exercise the right of withdrawal within 30 (thirty) days of taking possession of the ordered goods, without any charge to them, simply by notifying Cantina Foderà. The right of withdrawal can be exercised in the following ways: submit any explicit statement of their decision to withdraw from the contract, via email (email@example.com). Upon receiving the withdrawal request, Cantina Foderà will arrange to collect the goods from the Customer, without charging any fee. To report any anomalies, discrepancies, or malfunctions, or to receive assistance on products not conforming to the order, the Customer can contact Cantina Foderà Customer Service at the contact details mentioned in point 1 of this paragraph. In the case of withdrawal, the obligations of Cantina Foderà and the Customer expire. In particular, Cantina Foderà will refund the Customer for the costs of the ordered products, including delivery costs, within 14 (fourteen) days from the moment when the Customer informed Cantina Foderà of their intention to exercise the right of withdrawal. Cantina Foderà will reimburse the Customer using the same method used by the Customer to pay for the order, unless otherwise agreed between the parties.
Objects and accessories that may accompany the offers are guaranteed for 2 (two) years for any manufacturing or operational defects. Damages due to wear and tear, improper use, or incorrect maintenance are excluded from the warranty. The legal conformity warranty protects the Customer in the case of the purchase of defective products, which do not work properly, or do not respond to the use declared by Cantina Foderà or the manufacturer of the good or to which that good is generally intended. The Customer can assert their rights under the legal conformity warranty by directly contacting the manufacturer of the good, even if different from Cantina Foderà. In the presence of a conformity defect, the Customer has the right, at their choice, to repair or replace the defective good, without charge, unless the requested remedy is impossible or excessively burdensome compared to the other. If replacement or repair is not possible, the Customer still has the right to a price reduction or to be reimbursed an amount, commensurate with the value of the good, upon the return of the defective product to Cantina Foderà. The legal warranty lasts 2 (two) years from the delivery of the good and must be invoked by the Customer within 2 (two) months of discovering the defect.
Pursuant to Article 14 of Regulation 524/2013, the Registered User is informed that, in the event of a dispute, they can file a complaint through the European Union ODR platform, reachable at the following link http://ec.europa.eu/consumers/odr/. The ODR platform is an access point for Registered Users who want to resolve disputes arising from online sales or service contracts extrajudicially.
For any civil dispute between Cantina Foderà and the Customer arising from the normative interpretation and conditions presented here, the jurisdiction is non-negotiable and belongs to the Judge of the place of residence or domicile of the Customer, if located within the territory of the State.