The sale of wine of Cantina A. Martinelli 1860 and of all products related to the world of wine in general offered on our website “cantinamartinelli.com” are governed by these General Conditions of Sale.
All products purchased on cantinamartinelli.com are sold directly from Cantina A. Martinelli 1860 (hereinafter referred to as “la Cantina”), with registered office in Italy, Via Via del Castello 10, 38016, Mezzocorona (TN) | C. F. MRTNDR86P10H501G – VAT number 02291570220.
Any other information can be requested directly from the Winery, by writing an e-mail to [email protected] or by telephone at (+39) 338 828 8686.
COMMERCIAL POLICY OF THE CANTINA MARTINELLI
The Cellar offers wine and other products related to the world of wine on its website cantinamartinelli.com. Its e-commerce activity is aimed exclusively at its end users who are “consumers” exclusively over 18 (eighteen) years and in any case according to the law in force and the regulations concerning electronic commerce.
For “consumer”, the Cellar means any natural person who operates on their site cantinamartinelli.com for purposes not related to their professional, commercial or business, possibly carried out. If you are a subject other than the “consumer” and for any doubt, contact our offices at the following e-mail address: [email protected]
All orders placed on the site must correspond to the normal consumption needs. This requirement is applied both in relation to the number of products purchased with a single order, and in the case of a number of orders relating to the same product even if each order includes a quantity of products corresponding to normal consumption needs. In compliance with the laws in force concerning the purchase of wines and spirits and in consideration of its commercial policy, the Cellar reserves the right not to follow orders from subjects other than the “consumer” in accordance with its commercial policy and in compliance age limits set by law for both the purchase and delivery of wine and spirits. The Cellar does not sell wine and alcohol to people under 18 years of age. Through the use of our site cantinamartinelli.com, the user guarantees to be over the age of 18 and that even the person who will receive the shipment by the Cellar will be older than 18 years.
The General Conditions of Sale of the Cellar exclusively regulate the offer, transmission, acceptance, shipping, purchase methods and the right of withdrawal of purchase orders of products on the site cantinamartinelli.com between users of cantinamartinelli. com and the winery company.
The General Conditions of the Cellar do not regulate the supply of services or the sale of products by subjects other than the Cellar, which are present on the site cantinamartinelli.com through hyperlinks, links or banners. Before buying products and services from persons other than the Cellar, the Cellar is recommended to check the conditions of sale, because the Cellar is not responsible for the provision of services by third parties other than the Cellar or the conclusion of electronic commerce transactions between users of cantinamartinelli.com and third parties. For any questions, please contact us directly by sending an e-mail to [email protected]
THE CELLAR SALES CONTRACT
To conclude the purchase contract of one or more products offered on cantinamartinelli.com, it is necessary to fill in the order form in electronic format, following the relative instructions. The order form contains a summary of the main commercial conditions, including the price, the means of payment and the methods of delivery, as well as information on the main characteristics of the product ordered and a reference to the General Conditions of Sale.
The sale contract of the Winery is to be considered concluded when the Winery receives the order confirmation, verifies the correctness of the data and sends a receipt of the purchase order, containing a summary of the information already contained in the order form .
Once the contract is concluded, the Cellar will take over the purchase order.
For every purchase of the wines of the Winery and of products generally offered on the site cantinamartinelli.com, before the transmission of the purchase order, the Cellar will ask you to correct any errors in entering data, to read carefully the General Conditions of Sale included the right of withdrawal, to print a copy and to store or reproduce a copy for personal use.
The contract with the Winery is in Italian but an English translation will be available.
The Winery can refuse or in any case not proceed with purchase orders that are incomplete or incorrect, in case of unavailability of products or orders that do not give sufficient guarantees of solvency. In these cases, the Cellar will inform you by e-mail that the contract is not concluded and that the Cellar has not followed up its purchase order specifying the reasons and possibly suggesting a possible solution.
If some of the bottles of wine or products generally presented on cantinamartinelli.com, are no longer available or on sale when the order form is sent, it will be the winery’s responsibility to communicate it promptly and in any case within thirty (30) days, starting from the day following the transmission of the order to the Cellar, any unavailability of the entire selection of wine or of the individual bottles of wine included in the shop of the Cellar or of the generally ordered products. In the event that you have already completed the order and paid the price, the Cellar will first provide you with one or more possible alternatives, of commercial value equal or superior to the order, that can satisfy you, vice versa the Cellar will provide reimbursement of what you have already anticipated.
By submitting the order form, you declare to unconditionally accept the General Conditions of Sale of the Cellar and undertake to observe them in all relations with the Cellar. In the event that you do not share and do not intend to accept even partially the terms contained in the General Conditions of Sale of the Cellar, please do not submit the order form for the purchase of the products and all products sold on cantinamartinelli.com .
GUARANTEES AND INDICATION OF WINE PRICES AND DISCOUNT CODES
All the bottles of wine and in general all the products offered by the Winery on their site cantinamartinelli.com are exclusively products considered of first quality.
The essential characteristics of the products offered by the Winery are presented with specific product sheets, visible directly on the cantinamartinelli.com website. The images and colors of the products offered for sale on cantinamartinelli.com may however not correspond to the real ones due to the browser and monitor used.
Despite all our efforts, we can not exclude that for a small part of the millions of products in our catalog, a price different from the actual one is indicated by mistake. In any case, we will check the correctness of the prices of the products during the verification process of the order and subsequent shipment of the products. If, due to mistakes or other inconveniences, the price indicated on the website is lower than the correct price of sale of a product, we will contact you to check whether you wish to purchase the product at the correct price. Otherwise your order can not be accepted. If the correct price of a product is lower than indicated on the site, we will charge only the correct lower price and we will send the product to you anyway.
The prices of the products offered are all VAT included.
For greater transparency the cost of transport is reported separately in the order form and on the invoice. Prices are subject to updates, so we always ask you to check the final sale price before submitting the order form.
The wines of the Cellar and in general all the products offered by the Cellar are sold only in some countries. We therefore ask you to check the list of countries in which the Cellar operates at the time of its purchase, as purchase requests from countries not included among those displayed can not be accepted by the Winery. The Cellar reserves the right to periodically update the list of countries, so we suggest you periodically check the geographic availability on our website. site cantinamartinelli.com.
If the user is in possession of a discount code or a voucher received from the winery or on the website, it is possible to use this promotional code (ex: azienda2013) to receive a discount on the total amount of the wines during the purchase. At the time of payment (“cash” page) it will be sufficient to insert it in the dedicated “Coupon” field and clicking on the “Apply Discount” button, the discount will be calculated and applied by the system, before proceeding to checkout.
The discount codes are applicable only on the price list of a wine and can not be combined with other promotions in progress. If the product is already discounted, but the discount code provides for a higher discount percentage, it is possible to apply the discount code with a higher percentage to the list price of the wine.
Promotional codes can only be used on wines that participate in a promotion or campaign or, only if clearly specified, on the whole catalog. If the discount code is not applied to your wine cart, it is necessary to check whether the promotion linked to the code is still in progress. Furthermore, promotional codes can not be combined. Other products may be excluded from offers. We therefore invite you to check the applicability of the promotional code directly in the shopping cart, before proceeding to checkout.
In the case of goods deemed defective, we ask you first to inform us by e-mail at [email protected] or by phone at (+39) 338 828 8686, so you can immediately identify the problem and find together with she is a solution. The defective goods will be replaced and returned to the Winery or reimbursed, if exhausted.
In case you decide to make use of your right of withdrawal, the Winery has the right not to accept the return of products that have been altered in their essential and qualitative characteristics or that have been damaged or partially consumed.
The methods of payment of the wine cellar price and of all the products related to the wine world generally offered on our site cantinamartinelli.com are indicated in the order form of the Cellar.
The price for the purchase of the products does not include shipping costs (visible separately) and will be debited to your account at the time of shipment of the purchased products, as indicated in the order form.
The payment methods accepted by the Winery are: Credit Card, Prepaid Card, PayPal, Bank Transfer. All financial information necessary for the transaction will be transmitted, via encrypted protocol, to PayPal or to other banks, which provide the relative electronic payment services at a distance, without third parties having access to them. This information will never be used by the Winery if not to complete the procedures related to its purchase and to issue the relative reimbursements in its favor in the event of any refunds of the products, following exercise of its right of withdrawal, or if necessary prevent or report to the police the commission of fraud on cantinamartinelli.com.
SHIPPING AND DELIVERY OF PRODUCTS
The Cellar delivers bottles of wine and other products related to the world of wine for sale on its site cantinamartinelli.com exclusively to its end users who are “consumers” exclusively over 18 (eighteen) years and in any case according to current law and current regulations .
the Cellar uses patented packaging for deliveries which, thanks to its particular characteristics, guarantee the integrity of the products transported. The Winery makes the delivery of the products ordered to the address indicated by you in the purchase procedure of our site cantinamartinelli.com, through national and international couriers, who take full responsibility for the delivery from being taken care of at our company, up to delivery to the address indicated by you. Delivery times refer exclusively to the items available and run from the time of shipment of the item. Delivery times may vary. The Cellar assumes no responsibility for any damages, delays or unsuitable behavior on the part of the courier to whom the shipment has been entrusted.
Deliveries are made only to the countries indicated on the cantinamartinelli.com website. Periodically, the Cellar updates the list of countries, so we advise you to check the availability of delivery before proceeding with the completion of your purchase order.
For the execution of the delivery the following data are indispensable:
Billing information, ie billing name, billing address, e-mail address.
If you receive packages from the Winery visibly damaged by the courier, broken or stained by the escape of wine from any broken bottles, please reject the shipment and we will take care of the return and restoration of the shipment. If the shipment were more packages and not all of them were damaged, please reject the damaged package to the sender by signing the courier “Con Riserva”. The Cellar will return the damaged package and replace it. If the product to be replaced is exhausted, we will contact you directly for a possible replacement or the crediting of the residual value. Any shipping costs for return to the sender of the damaged package and return of the new one are charged to the Cellar.
Delivery typically takes place on weekdays, in a period of time ranging from four to seven working days from the date of placing the order on our site cantinamartinelli.com with payment by credit card, PayPal, prepaid card. In the case of payment by bank transfer, delivery will take place with the same timing, but starting from the date of confirmation of the transfer of funds.
For any information or notification regarding the shipment of your orders, you can contact us directly by e-mail at [email protected] or by telephone at (+39) 338 828 8686.
For any information contact us by e-mail at [email protected] or at (+39) 338 828 8686.
INFORMATION ON THE RIGHT OF WITHDRAWAL
According to the regulations of Legislative Decree 206/05 (“Consumer Code”), you have the right to withdraw from the contract of purchase of products, without any penalty, within 14 (fourteen) calendar days from receipt of goods and prior written notice to be forwarded to the Cellar, using the return management procedure provided by the Cellar. It is not possible to change the single bottle of wine or the chosen product with another one, without additional costs. Our customer service is always at your disposal to try to resolve any of your requirements concerning your order, so please contact the Winery by e-mail at [email protected] or at the number ( +39) 338 828 8686.
In the communication, you must indicate the product or products for which you intend to exercise the right of withdrawal, the order number and the order date, the invoice number, your bank details (IBAN code). Once the communication has been made, you will be asked to wait for feedback from the Cellar authorizing the return. You can then send the returned goods back to the courier for shipping within 14 (fourteen) working days from when you have received the products, provided they are intact, in the manner and within the terms agreed, unless you waive the return of said products.
The only expenses that must be incurred are those for the return of the purchased products, in accordance with art.67, paragraph 3 of the Consumer Code.
The Right of Withdrawal, in addition to compliance with the terms and procedures described in paragraphs 7.1, 7.2 and 7.3 above, is to be correctly exercised if the following Conditions of the right of withdrawal are fully respected:
the purchased products must be substantially intact;
the products must be returned in their original packaging (it is necessary to return all the bottles that compose it);
the returned products must be sent to the Cellar in a single shipment. The Cellar reserves the right not to accept bottles or products of the same order, returned and sent at different times;
the costs of returning the goods will be at your expense, including the responsibility in case of loss or damage to the products.
the products arrived in stock will be examined to assess any damage or tampering (the substantial integrity of the returned goods is an essential condition for the exercise of the right of withdrawal) – We recommend maximum attention in the preparation of the package;
the products must not have been used or damaged;
The right of withdrawal is reserved only for natural persons, previously defined as “consumers” in paragraph 1.2, therefore any purchases made by retailers or by entities that for any reason purchase for resale are excluded;
the return form must be correctly completed and sent to the Winery within 14 (fourteen) calendar days of receipt of the products.
If the Right of Withdrawal is exercised following the procedures and terms indicated in this paragraph 7, the Cellar will reimburse any sums already collected for products purchased directly from the site cantinamartinelli.com, which will be reimbursed as soon as possible and, in any case, within thirty (30) days from the date on which the Cellar became aware of the exercise of your right of withdrawal. The reimbursement procedure will be activated once the correct execution of the above terms and conditions has been verified, as indicated in the following paragraph 8.
If the terms and conditions for exercising the right of withdrawal have not been respected, you will not be entitled to reimbursement of the sums already paid to the Cellar or to the issue of the requested credit. In any case, it will always be possible to recover the products in the state in which they were returned to the Cellar at your expense. Otherwise, the Cellar will retain the products, in addition to the sums already paid for their purchase.
REFUND TIMES AND METHODS
Once the products have been returned, the Cellar shall make the necessary checks as to their conformity, to the conditions and terms indicated in paragraph 7. In the event that the checks are concluded successfully, the Winery shall send them, via e-mail, the relative confirmation of acceptance of the returned products.
Whatever the payment method used by you, the reimbursement is activated by the Winery as soon as possible and in any case within thirty (30) days from the date on which the Winery became aware of the exercise of its right of withdrawal, subject to verification of the correct execution of the right of withdrawal and acceptance of the returned products.
In the event that there is no correspondence between the recipient of the products indicated in the order form and who made the payment of the sums due for their purchase, the repayment of the sums, in case of exercise of the right of withdrawal, will be performed by the Cellar, in any case, against those who made the payment.
The consumer user is entitled to guarantee the conformity of the products and services purchased. To exercise the warranty right, you must send an e-mail to the Cellar indicating the order number and an accurate description of the defect (we suggest you also attach photographic material). All elements are essential and will be verified by the winery before giving an answer. If the defect of conformity of the product is established, you have the right to obtain, upon return to the Cellar of the defective product, its repair (except in the case of oenological products) or replacement. You also have the right to ask the Owner for a reasonable price reduction or termination of the contract if (i) the repair and replacement prove impossible or excessively expensive, (ii) the Winery has not repaired or replaced the goods within a reasonable term or (iii) the replacement or repair previously carried out has caused you considerable inconveniences. To exercise the warranty right and for further information in this regard, you can directly contact our Customer support services via e-mail at [email protected] or at (+39) 338 828 8686.
APPLICABLE LAW AND DISPUTE RESOLUTION
The General Conditions of Sale of the Cellar are governed by Italian law and in particular by the legislative decree 6 September 2005 n. 206, on the consumer code, with specific reference to the legislation on distance contracts and by the legislative decree 9 April 2003 n. 70 on some aspects concerning e-commerce. The sale of products and / or services is carried out in the territory of the Italian State and is subject to the laws in force in the Italian Republic. Jurisdiction for the resolution of any dispute will be that provided by the Italian legislation in force at the time of conclusion of the contract.
UPDATES AND CHANGES
The General Conditions of Sale of the Winery are periodically modified according to the development of their business and the market, as well as in compliance with any updates and legislative changes. Every update and modification will be regularly published on our site cantinamartinelli.com and will be immediately effective from the date of publication on cantinamartinelli.com. Users who continue to use the site after the publication of the aforementioned changes, accept the new Terms without reservation.