GENERAL CONDITIONS FOR SALES AND COMMERCE
Palmento Costanzo S.r.l. (hereinafter the Company), with registered office in C.da Santo Spirito, Passopisciaro – Castiglione di Sicilia (Catania) Tel. +39 0942 983239 – e-mail ordini@palmentocostanzo.com, manages the site www.palmentocostanzo.com and the Wine Shop in it.
These general terms and conditions of business (open on another page) regulate the sale – of products to private consumers (hereafter referred to as Customer) through www.palmentocostanzo.com. The prices shown on this site include VAT and may be changed without prior notice. The sale and shipping of products on this site is limited to EU countries only.
1. Definitions
“Wine Shop” means: the electronic business platform created managed by the company;
“End Users” means those who purchase (“Buyers”) via the platform:
a) Buyers without legal personality: to be considered natural persons and therefore not endowed with legal personality and specifically all potential visitors to the site;
b) Buyers with legal personality: to be considered exclusively individuals with legal personality who operate specifically as (i) importers / exporters (ii) shopkeepers (iii) distributors (iv) restaurateurs (v) catering companies (vi) traders of various kinds.
Upon registration on the site by entering Cod. Fisc. o P.Iva you will be associated with one of the aforementioned categories and you undertake to comply with the obligations relating to each of the categories mentioned above.
2. Description
The Wine Shop is an e-commerce site that allows users who have accepted the Terms and Conditions of Use, hereinafter specified, to buy the products on the company’s website. The company as owner of an e-commerce platform, provides the functionality of the site and other products and services when you visit or make purchases on the site and use the products or services rendered.
3. General Conditions of Use and Sale
The use of the Services on the site is governed by the terms and conditions set out below and their use presupposes full knowledge and unconditional acceptance of the clauses below. To access the Services rendered on the site, it is necessary to register on the Company’s website. The company offers a wide range of services, so you may be subject to additional terms and conditions and / or third parties. In the case of use of a particular Service (for example: E-commerce and mobile applications), you will also be subject to the terms, guidelines and general conditions that refer to and apply to that particular Service (“Terms of Service”). In the event of a conflict between these General Terms of Use and Sales and the Terms of Service, the Terms of Service will prevail.
4. Acceptance of the conditions of sale
The present purchase contract stipulated between the Customer and the Company must be considered concluded with the acceptance of the order by the Company, which at its sole discretion reserves the right to do so. The acceptance of the order is confirmed by an e-mail summary of the order, sent to the e-mail address communicated by the Customer during registration. The acceptance e-mail shows the order number assigned, the date and time of the transaction, the personal and delivery details indicated by the Customer; the same undertakes to verify the correctness of all the information indicated and to promptly notify the Company of any discrepancies.
Particular and unpredictable circumstances may not allow the Company to guarantee the supply of some products on the site; no responsibility is therefore attributable to the Company for the temporary unavailability of one or more products. The Customer agrees to accept even partial and incomplete orders. The Company undertakes to promptly inform the Customer of any unavailability of one or more products ordered. The parties expressly exclude any right of the Customer to any claim for damages, compensation, reimbursement, and relieve the Company from any contractual or extra-contractual liability as a result of direct or indirect damage to people and / or things, caused by non-acceptance, total or partial of an order.
5. Changes to the Service or Change of Conditions
We reserve the right to modify the Services, policies, these General Conditions of Use and Sales, the Terms of Service at any time to offer new products or services or to comply with legal and regulatory provisions. You will be subject to the policies and terms of the General Conditions of Use and Sale from time to time in force when you use the Services. If any provision of these conditions is held to be invalid, null or for any reason unenforceable, this condition will not however affect the validity and effectiveness of the other provisions.
6. Duration
This contract is effective from the date you open an account on the site. The Contract remains effective until terminated in accordance with the provisions of this section.
7. Changes to the contract
Any changes or new conditions of sale will be effective from the time of publication on the site and will be applied only to sales concluded after publication.
8. Service Suspensions
We will do our best to ensure that access to the Services is provided without interruption and that transmissions are made without errors. However, due to the nature of the Internet, uninterrupted access and the absence of transmission errors can not be guaranteed. In addition, your access to the Services may also occasionally be suspended or restricted to allow for repair, maintenance, or the introduction of new activities or services. We will endeavor to limit the frequency and duration of these suspensions and limitations.
You also assume all responsibility for any damage that may result to your computer system from the use of the Service.
9. Personal Account
You are required to keep your account and password confidential and accept, to the extent permitted by applicable law, and agree to be held responsible for all activities that will be carried out with your account and password. You undertake to take all the necessary precautions to ensure that your password remains secure and confidential and undertakes to inform us immediately if you have reason to believe that any third party is aware of your password, or in case your password either, or presumably to be, used in an unauthorized way. You are responsible for ensuring that the information you provide us is correct and complete and to notify us immediately of any changes to the information you have provided.
You must not use the Services: (i) in such a way as to cause, or cause, interruptions, damages or malfunctions to the Company’s Website and its functionality, or (ii) for fraudulent purposes, or otherwise to commit illegal activities, or (iii) to cause disturbance, prejudice or apprehension. We reserve the right to prevent access to the site and / or Services t, to suspend or terminate an account, to remove or modify the contents of the site at our discretion, in case of violation of the applicable legal provisions, of these Conditions General of Use and Sales or of the applicable guidelines or policies.
10. Order Processing
In accordance with the provisions of this Agreement, we will process payments and refunds for transactions sent through the Service in accordance with applicable law. We may withhold any of the transactions we suspect to be fraudulent, illicit or otherwise contrary to the provisions of this Agreement for purposes of investigation or refusal to process. We may refuse to execute a transaction that does not meet the terms of this Agreement or which is prohibited by law. If we refuse to execute a transaction, we will inform the Buyer (without prejudice to the prohibitions established by law) within the period legitimately recognized to process the transaction and, where possible, we will communicate the reasons for our refusal and the procedure to be followed to rectify any errors that determined it. The rejected transactions will be considered as not received for the purposes of execution time and responsibility for non-execution or incorrect execution.
11. Processing errors
In case of errors in the processing of a transaction, the User authorizes us to dispose or accredit to correct such errors, provided that this is done in compliance with the applicable laws and regulations. If for any reason we are unable to debit the indicated bank account, you authorize us to debit any other bank account or payment instrument in our archives that the User is the holder of.
12. Shipping Service
The goods travel in a shock-proof protective packaging. The delivery times expressed by the courier, are to be understood as indicative and the same may vary due to the geographical areas of destination, weather conditions, traffic conditions. Delivery takes place at the following times: from 9.00 to 18.00 every day, except holidays, from Monday to Friday. The courier makes the first delivery without notice. In case of absence of the customer, the courier retries further delivery in the two following working days. In case of further absence, delivery will be canceled and the amount paid will be reimbursed to the customer net of shipping costs and reimbursement costs.
The customer can contact the courier and agree on availability of the carrier schedules and methods of delivery. No responsibility can be attributed to the Company for the delay in the order or for the times and methods of delivery of the goods ordered. In the event that the goods purchased by the Buyer arrive late, over 24 hours or the time reported at the time of the sale, which in any case is never considered as peremptory and / or essential, or is damaged or lost, the Buyer must report within 24 hours after delivery to the Company’s support team the event that occurred, so that the latter, as sender, can assert the responsibility of the carrier pursuant to and for the purposes of the articles . 1683 and ss. cc and in particular the articles 1693 and 1696 c.c.
13. Delivery charges
At the time of delivery of the goods by the courier, the customer is required to check:
– that the number of packages delivered corresponds to that indicated on the invoice;
– that the packaging is intact, not damaged, wet or altered.
Any external damage or non-correspondence of the number of packages or indications must be immediately notified to the courier who makes the delivery, with the words “withdrawal with reserve” on the appropriate accompanying document and confirmed within 8 days by registered mail sent to the registered office of the courier indicated on the accompanying document.
Once the courier’s document has been signed, the Customer can not make any objection regarding the external characteristics of the goods delivered. From the moment of delivery of the goods to the buyer, any risk on it is no longer attributable to the Company.
In case of late reporting, beyond 24 hours from delivery, by the Buyer, the Company will not be responsible for any rejection of any compensation claim against the carrier and / or other forfeiture. In any case, the Company will respond to any damage, loss and / or damage or theft of the goods within the limits of the value of the same, with the exclusion of any indirect damage and / or loss of income or for another cause.
14. Delivery costs
All orders include shipping by courier. The customer is required a fixed shipping fee, the amount of which is expressly indicated when ordering. The shipping cost is automatically added to the total value of the order during the purchase process and varies according to the quantity of goods purchased and the destination address. For each order placed, the Company issues the relative invoice for the products shipped. The information provided by the Customer at the time of ordering or registration shall be authentic. It will not be possible to make any changes after the invoice has been issued.
15. Method of payment
On the website www. palmentocostanzo.com you can make purchases using the following types of payment:
a) Credit card
b) PayPal
c) Bank transfer
The credit cards accepted are those linked to the Visa, Visa Electron, Mastercard, Maestro, Aura and Postepay circuits. Orders made by Paypal, Wire Transfer credit card can assume the status:
– Completed: the order has been completed and the payment is in a state of verification; in case of lack of authorization from the interbank circuit, the order will be canceled.
– Confirmed: the order has been verified and approved.
– In shipping: if you chose home delivery the order has been processed.
– Shipped: the order has been delivered to the courier. The waybill and the invoice are available.
The order is debited from the Customer’s credit card at the time of the order being evaded. The customer can proceed with the cancellation of the order until the moment in which the same has not yet assumed the status “Confirmed” At any time the customer can check the status of the order by clicking on the URL indicated in the order.
16. Complaints and Refunds Management
The Buyer can lodge a complaint within 8 (eight) days of receipt of the goods or request a refund for the sum paid. It should be noted that, for the purposes of proper management, reimbursement requests must be formalized by e-mail to the Company which will assess the validity of the claim or reimbursement request, also using additional material requested from the counterparties, and reimburse the Buyer only in case in which the following conditions are verified:
1) obvious and objective differences between the goods and the goods received from the Buyer (eg: errors in the type of product shipped after an order, errors in the information on the quantity).
2)  goods damaged during transport with non-conforming packaging as established by the shipping partners.
For other types of complaints (for example, in the event of defects or defects in the product, in the event that credit card transactions are contested – or any “cloning” complaints), the Company will provide support in compliance with these general conditions of purchase and / or sale or general conditions of the service, and in any case according to the rules of the Civil Code on the subject of warranty on sale and those of the Consumer Code on articles. 56 and following to protect the Consumer.
The Customer must provide, at his own expense and at his own expense, the shipment of products to be returned to the Company, using a safe and suitable packaging to ensure the integrity of the products. Upon receipt of the return, the Company will promptly credit the amount already paid by the Customer.
17. Right of withdrawal
Pursuant to art. 64 and ss. of Legislative Decree no. 206/2005, if the Customer purchases at the Company’s On-Line Shop as a consumer, ie for purposes not related to his professional activity and without indication of VAT, the same has the right to withdraw from the purchase contract, without no penalty and subject to the conditions indicated below.
If the Customer decides to exercise the right of withdrawal it is required within 10 working days of receipt of the package to inform the address ordini@palmentocostanzo.com indicating the order number and which products it intends to return, as well as the bank details for the credit. The Company will send the Customer a return form, which must be printed and completed in its entirety and entered by the Customer in the package to be sent. The Customer must provide, at his own expense and at his own expense, the shipment of products to be returned to the Company, using a safe and suitable packaging to ensure the integrity of the products.
Upon receipt of the return, the Company will promptly credit the amount already paid by the Customer.
18. Security of transactions
Credit card or PayPal account transactions are made directly on the PayPal site, and the company is therefore unable to know or store any type of information related to the customer’s credit card, because they are entered directly on the PayPal circuit site and managed by the highest security standards.
19. Reviews, Comments, Communications and Contents
It is permitted to publish reviews, comments, questions or other information, as long as the content is not illicit (e.g. obscene, abusive, intimidating, defamatory, does not violate privacy, intellectual property rights or is otherwise offensive to the Company and / or third parties or deplorable and in any case does not contain viruses, political propaganda, commercial solicitation, chain of St. Anthony, mass e-mails or any other form of spamming). You will not be able to use a fake email address, pretend to be another person or subject, or otherwise lie about the origin of a postcard or other content.
We reserve the right to remove or modify this content. If you believe that a content, or a sales advertisement published on the site or used in the Services, contains a defamatory statement or that your intellectual property right has been violated by an article or information on the site or used in the As part of the Services, we invite you to complete and send us the Notification Form and we will promptly provide you with.
If you decide to send content or materials, unless otherwise stated by us, you grant: (a) the Company the non-exclusive, free, transferable right to third parties, to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute and display in any part of the world such contents through any means of communication and (b) to the Company, its sub-licensees and assignees, the right to use, at its discretion, the name used in relation to they. Your moral rights are protected. You agree that the aforementioned rights granted to us are irrevocable for the entire duration of your intellectual property rights associated with such content and materials. You consent to carry out all the additional activities necessary to complete each of the above rights granted by you to the Company, including the signing of deeds and documents, at our request.
State and warrant that you have, personally or otherwise, the property or in any case the availability of all rights related to the content of what you publish; that, on the date that the content or material is published: (i) the content and material are accurate and relevant; and (ii) the use of the content and material you provide does not conflict with any of the Company’s applicable policies and guidelines and that such use will not cause harm to a third party. Except in cases where any responsibility is due to the non-removal of illegal content following the receipt of a Notification Form, you undertake to indemnify the Company from all legal actions taken by third parties against the Company, deriving from or in any case related to the content and materials provided by you.
20. Minors
We do not sell products to minors. If you are under the age of 18, you may not use the Services provided on this site or purchase the products contained therein.
21. Limitations of Responsibility
The Company will not be liable for (i) losses that are not a consequence of our violation of these terms and conditions or (ii) for any loss of business opportunity (including lost profits, revenues, contracts, presumed savings, data, goodwill or expenses unnecessarily incurred) or (iii) any other indirect or consequential loss that was not reasonably foreseeable, both by you and us, at the time you started using the Company’s Services. We will not be liable for any delay or non-fulfillment of the obligations set forth in these general terms and conditions if the delay or default is due to accident or force majeure. This provision does not affect your rights deriving from the law and in particular your right to receive the purchased goods within a reasonable time or to be reimbursed in case of non-delivery due to circumstances deriving from fortuitous circumstances or due to force majeure.
Within the limits established by applicable law, we and our affiliates (and their respective employees, directors, agents and representatives) decline any responsibility for indirect, incidental, punitive or consequential damages arising from or connected to this contract, the site and the materials or service (including the inability to use the service).
Furthermore, and without prejudice to the foregoing, within the limits established by applicable law, we and our affiliates (and their respective employees, directors, agents and representatives) decline any responsibility for damages arising from or connected to the services or products purchased or transactions entered into through service. In no case is the aggregate liability of our or our affiliates (and their respective employees, directors, agents and representatives) arising from or connected to this contract or the transactions contemplated herein by contract, tort (including, by way of example, liability for fault or damage from product), guarantees, or otherwise, may exceed the amount of products purchased.
Notwithstanding the foregoing, in no case may we or our Affiliates be held liable to you for breaches or delays on our part (or our employees, agents or representatives) in the performance of the obligations under this Agreement, in cases to which such failure or delay is due to anomalous and unforeseeable circumstances beyond our control and whose consequences could not have been avoided despite all reasonable efforts to prevent them, or in cases where we are bound by other obligations under applicable law.
22. Intellectual Property
All contents present or made available through the website in the form of texts, graphics, logos, icon buttons, images, audio files, digital downloads, data and software collections, lists or other databases are the exclusive property of the Company or its content providers and are protected by Italian law and international copyright laws and database rights.
It is not permitted to extract and / or systematically reuse parts of the Services without the express written consent of the Company. In particular, it is not permitted to use data mining, robots or similar acquisition or extraction devices to extract (one or more times), to reuse any substantial part of any Service, without our express written consent.
You are aware of the fact that the Company has no control over and has no obligation to: which users access the Services provided by the Company; what content you access through the Services; what effect the contents can have on you; how you could interpret or use the content; what actions you could take as a result of exposing your content.
By accepting these general conditions of use and sale, expressly indemnify the Company from all responsibilities related to the acquisition or non-acquisition of content accessible through the Services. The company is not responsible for the accuracy of the information, descriptions, recommendations that can be accessed through its Services.
23. Privacy Policy – Information
The Company places extreme care and respect for the collection and processing of personal data of its customers and navigators, which is always limited to the provision of services required by the navigator and the activities connected to them. The complete information on the treatment is always available on the site.
24. Security measures
The Company has adopted all security measures in order to reduce any risk of loss or destruction, even accidental, of acquired data, unauthorized access by third parties or unauthorized processing.
25. Jurisdiction and competent court
The purchase contract between the Customer and the Company must be considered concluded in Italy and governed by Italian law. If the Customer has purchased as a consumer the referring court is to be identified in his Municipality of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Catania.
26. Electronic Communications
When you use the Services on the site or send an e-mail, communicate with us electronically. We will communicate with you by e-mail or by posting notices and communications on the site. Subject to the specific legal provisions of an imperative nature, for the purposes of this contract, you agree to receive communications from us electronically and acknowledge that all contracts, notifications, information and other communications that we provide you in electronic form meet the requirement of the written form, when required by law.
27. Complaints and Communications
Registered office: Palmento Costanzo S.r.l.
C.da Santo Spirito, Passopisciaro – Castiglione di Sicilia (Catania)
Web Site: www.palmentocostanzo.com
Telephone: +39 0942 983239
info@palmentocostanzo.com
privacy@palmentocostanzo.com