Identification of the Supplier
The goods subject to these general conditions of sale are offered for sale by Brunori srl - Azienda Agricola Le Sincette with registered offices in 25080 Polpenazze d/G, Via Rosario, No. 44, registered with the Brescia Chamber of Commerce under number 18054 of the Business Register, tax code 01230260174, VAT No. 00612440982, hereinafter referred to as Supplier.
For additional legal information, it is possible to contact the appropriate section of the site http://www.lesincette.it.
Any other information concerning the identification of the Supplier may be requested directly from Brunori srl - Azienda Agricola Le Sincette by sending us an email to [email protected] or by calling 0365/651471.
The sale of wine and all products connected to the world of wine offered on the site http://www.lesincette.it are regulated by these General Conditions of Sale.
1.1. The term "General Conditions of Sale" means the conditions that regulate the on-line sales contract.
1.2. The term "On-line sales contract" means the contract of sale regarding the tangible moveable assets of the Supplier, stipulated between the latter and the Buyer through a remote sales system using data transmission instruments, organised by the Supplier.
1.3 The term "Buyer" means the physical person who is a consumer making the purchase for purposes not connected to any commercial or professional activity carried out.
1.4. The term "Consumer" means any physical person who uses the site for purposes not connected to any professional, commercial or entrepreneurial activity they may carry out.
1.5 The term "Supplier" means the subject indicated in the introduction.
2. Subject of the on-line sales contract
2.1. By means of the On-line Sales Contract, the Supplier sells and the Buyer makes purchases remotely, via digital transmission instruments, of the tangible mobile assets shown and offered on the Supplier's site http://www.lesincette.it.
2.2. The products referred to in the previous point are shown on the web page http://www.lesincette.it.
2.3. The basic specifications of the products offered by Brunori srl - Azienda Agricola Le Sincette are given in appropriate product sheets, displayed on the site http://www.lesincette.it. The images and colours of the products offered for sale on http://www.lesincette.it may nevertheless differ from the actual ones due to the internet browser or monitor used.
3. Sales policy
3.1. Brunori srl - Azienda Agricola Le Sincette targets its electronic sales activity exclusively at its end users who are Consumers, older than 18 (eighteen) and, in any case, in accordance with the current law and regulations on matters of electronic commerce.
3.3 In compliance with the current laws on matters concerning the purchase of wines and alcoholic drinks and in consideration of its own sales policy, Brunori srl - Azienda Agricola Le Sincette reserve the right not to fulfil orders from subjects other than Consumers, in compliance with its own sales policy and in observance of the age limits set by the law for both the purchase and delivery of wine and alcoholic drinks. Brunori srl - Azienda Agricola Le Sincette does not sell wine and alcoholic drinks to persons who are under the age of 18. By using the site http://www.lesincette.it, the Buyer gives an assurance they are older than 18 and that the person who will receive the delivery from Brunori srl - Azienda Agricola Le Sincette is also older than 18.
3.3 These General Conditions of Sale only regulate the offer, transmission, acceptance, delivery, methods of purchase and the right to withdraw orders to purchase products on the site http://www.lesincette.it for users of Brunori srl - Azienda Agricola Le Sincette and Brunori srl - Azienda Agricola Le Sincette.
3.4 These General Conditions do not however regulate the provision of services or the sale or products by subjects other than Brunori srl - Azienda Agricola Le Sincette that are present on the site http://www.lesincette.it through hyperlink, link or banner connections.
3.5 These General Conditions of Sale are in Italian but an English version is also available.
4. Conclusion and validity of the on-line sales contract
4.1. In order to conclude the purchase contract for one or more products offered on http://www.lesincette.it, it is necessary to fill in a digital order form and send it to Brunori srl - Azienda Agricola Le Sincette via email or fax, following the respective instructions. A summary of the main sales conditions is given on the order form, including the price, means of payment and methods of delivery, as well as information about the main specifications of the product ordered and a referral to the General Conditions of Sale.
4.2. The On-line Sales Contract can be regarded as concluded when Brunori srl - Azienda Agricola Le Sincette receives its Order form via email or fax, checks the accuracy of the data and sends you a sales order receipt containing a summary of the information already given on the order form.
4.3. The On-Line Sales Contract should not be considered concluded and valid between the parties unless the provisions in the previous point have been observed.
4.4. Once the contract has been concluded, Brunori srl - Azienda Agricola Le Sincette will accept your purchase order.
4.5. For every purchase of products offered on the site http://www.lesincette.it, before sending the purchase order, Brunori srl - Azienda Agricola Le Sincette will ask you to correct any data entry errors, carefully read the General Conditions of Sale, including the right of withdrawal, print a copy and save or make a copy for your personal use.
4.6. Brunori srl - Azienda Agricola Le Sincette may refuse or, in any event, not process purchase orders that are incomplete or incorrect, or in the event the products are unavailable or for orders that are not financially viable. In these cases, Brunori srl - Azienda Agricola Le Sincette will arrange to inform you by electronic mail that the contract has not been concluded and that Brunori srl - Azienda Agricola Le Sincette has not processed the purchase order, specifying the reasons for this and, where possible, suggesting a solution.
4.7. By sending the order form via email, you declare that you unconditionally accept these General Conditions of Sale and undertake to observe them in all dealings with Brunori srl - Azienda Agricola Le Sincette.
5. Availability of the products
5.1. Should a product of a kind displayed on http://www.lesincette.it not be available or on sale at the time the order form is sent, it will be the responsibility of Brunori srl - Azienda Agricola Le Sincette to notify you promptly if any of the products ordered are unavailable and, in any event, within thirty (30) days, starting from the day after the order was sent to Brunori srl - Le Sincette.
5.2. In the event the order form has already been sent by Ella and the price paid, Brunori srl - Azienda Agricola Le Sincette will first suggest one or more alternatives of an equal or greater commercial value to the order that may meet your requirements or, alternatively, Brunori srl - Azienda Agricola Le Sincette will arrange to refund what you have already paid.
5.3. Should an order exceed the quantity in the warehouse, Brunori srl - Azienda Agricola Le Sincette will make known to you whether the product can no longer be ordered or how long it will take to obtain the chosen product, giving you the option or confirming the order or otherwise.
6. Prices of the products on sale and payment methods
6.1. All the sales prices of products displayed and indicated on the internet site http://www.lesincette.it are given in euros and constitute an offer to the public in accordance with article 1336 of the Civil Code.
6.2. The prices of the products offered are inclusive of VAT by law. For greater transparency, transport costs are given separately on the order form and on the invoice. The prices shown for the goods offered to the public are subject to updating and remain valid only until the date given in the catalogue. We therefore always ask you to confirm the final sales price before forwarding the respective order form.
6.3. The payment methods for all the products offered on the site http://www.lesincette.it are given on the order form.
6.4. All the financial information required for the transaction will be transmitted, via encrypted protocol, to Banca Valsabbina or other credit institutions that provide the respective remote electronic payment services, without third parties being able to access them.
6.5 This information will never be used by Brunori srl - Le Sincette for purposes other than completing the procedures concerning your purchase order and issuing the respective refunds in your favour in the event products are returned, following the exercise of your right of withdrawal, or should it be necessary to prevent or notify the Judicial Authorities of the commission of fraud.
7. Despatch and delivery of the products
7.1. Brunori srl - Azienda Agricola Le Sincette delivers the products offered for sale on its site http://www.lesincette.it exclusively to end users who are customers, older than 18 (eighteen) and in any event in accordance with the current law and the current regulations.
7.2. The Supplier will send the selected and ordered products by the methods chosen by you from those shown on the website at the time of the product offer, as confirmed in the email referred to in point 4.
7.3. Despatch times may vary from the same day as the order to a maximum of 3 working days from the date the order is entered on the site http://www.lesincette.it with the respective payment by [credit card, PayPal, prepaid card and cash on delivery]. In the case of payment by bank transfer, the delivery will take place within the same period but this will start from the date the transfer of funds is confirmed. Delivery will usually take place on working weekdays.
7.4. Brunori srl - Azienda Agricola Le Sincette uses packaging that is patented and certified by the best national and international couriers (GIs, TNT) that carry out the delivery from its acceptance at the Supplier's premises to the address supplied by you. Brunori srl - Azienda Agricola Le Sincette accept liability for any damage or conduct on the part of the courier.
7.5. For any information or notification regarding the despatch of your orders, Ella can contact our client service directly by sending an email to the address [email protected] or by calling the number 0365/651471.
7.6. The methods, times and delivery costs are shown clearly and displayed at the address www.lesincette.it.
7.7. To carry out the delivery, the following data are indispensable:
a. Invoice data, that is, name for invoice, invoice address, email address.
b. Delivery data, that is, name for delivery, delivery address, telephone number, email address.
8.1. In the event goods are deemed to be defective, these may be returned by you to Brunori srl - Azienda Agricola Le Sincette in the original packaging within 10 days from delivery. The charges for delivery and packaging for returns are your responsibility, while the defective goods will be replaced and delivered at the expense of Brunori srl - Azienda Agricola Le Sincette, or refunded, if out of stock.
8.2. Should Ella decide to exercise its right of withdrawal, Brunori srl - Le Sincette will have 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.
8.3. Should Ella receive packages from Brunori srl - Le Sincette that have been visibly damaged by the courier, broken or stained by leakage of wine from any broken bottles, please return the delivery to sender and the Supplier will arrange to recover and reinstate the delivery. If the delivery consists of several parcels and not all were damaged, please return the damage package to sender signing the courier's docket "With Reservation". Brunori srl - Le Sincette will arrange the return of the damaged package and its replacement. If the product to be replaced is out of stock, we will contact you directly about a possible replacement or credit for the residual value. Any delivery charges for the return to sender of the damaged package and the delivery of the new one are at the expense of Brunori srl - Azienda Agricola Le Sincette.
9. Explanatory information on the right of withdrawal
9.1. In accordance with the measures of Legislative Decree 206/05, Ella has the right to withdraw from the product sales contract, without any penalty, within 10 working days from receipt of the goods, subject to prior written notification to be forwarded to Brunori srl - Azienda Agricola Le Sincette by sending a registered letter with proof of receipt to the address 25080 Polpenazze d/G, Via Rosario, No. 44, or by fax to 0365/651991 or by electronic mail to the email address [email protected], as long as this notification is confirmed by sending a registered letter with proof of delivery to the address 25080 Polpenazze d/G, Via Rosario, No. 44, within the following 48 hours. The post office stamp of the receipt issued will be used as reference by the parties. It is not possible, however, to change an individual bottle of wine or individual product choice without incurring additional costs.
9.2. In order to exercise the right of withdrawal, the sending of notification may validly be replaced with the return of the purchased goods, as long as this takes place within the same period, using the returns management procedure laid down in point 8. The date of delivery to the post office or courier will be used as reference by the parties.
9.3. In the notification, you must indicate the product or products for which you intend to exercise the right of withdrawal, the order number and date of the order, the invoice number and your bank coordinates. Once notification is given, you will be required to await a reply from our Client Service department authorising the return. Ella may then send back the goods to be returned, handing them to the courier for delivery within ten (10) working days, starting from when Ella received the products, as long as they are intact and under the same agreed methods and terms, unless you decided against returning these products.
9.4. The only charge you will have to pay is for the return of the products purchased, in compliance with article 5, paragraph 6, of the Legislative Decree No. 185 of 22/05/1999.
9.5. The Right of Withdrawal, in addition to complying with the periods and methods described in the previous points 9.1, 9.2 and 9.3, will be regarded as properly exercised as long as the following conditions of the right of withdrawal are fully met:
a. the purchased products are substantially intact;
b. the products must be returned in their original packaging;
c. the products returned must be sent to Brunori srl - Azienda Agricola Le Sincette in a single delivery. Brunori srl - Azienda Agricola Le Sincette reserves the right not to accept bottles or products from the same order that are returned or delivered at different times;
d. the expense for returning the goods will be your responsibility, including liability in the event of loss or damage to the products.
e. once the products have reached the warehouse, they will be examined to assess any damage or tampering (the substantial integrity of the returned good is an essential condition for exercising the right of withdrawal), so we recommend you take the utmost care in preparing the package;
f. the products must not have been used or damaged;
g. the right of withdrawal is restricted to those physical persons only who are defined as "consumers" in paragraph 1.4. Any purchases made by retailers or subject who purchase for resale for any reason are therefore excluded;
h. the returns form must be correctly filled in and sent to Brunori srl - Azienda Agricola Le Sincette within ten (10) working days from receipt of the products.
9.6. If the Right of Withdrawal is exercised in observance of the methods and periods given in this paragraph 9, Brunori srl - Le Sincette will arrange to refund any amounts collected for products purchased directly from the site http://www.lesincette.it, ensuring the money is refunded in the fastest possible time and, in any event, within thirty (30) days from the date Brunori srl - Azienda Agricola Le Sincette became aware you were exercising your right of withdrawal. The refund procedure will be activated once the proper observance of the above periods and conditions has been confirmed, as indicated in the subsequent paragraph 10.
9.7. If the periods and methods for exercising the right of withdrawal have not been observed, Ella will not be entitled to a refund of the amounts already paid to Brunori srl - Azienda Agricola Le Sincette or the issuing of the requested credit. In such a case, it will always be possible to recover, at your own expense, the products in the condition in which they were returned to Brunori srl - Azienda Agricola Le Sincette. Otherwise, Brunori srl - Azienda Agricola Le Sincette may retain the products, as well as the amounts already paid for their purchase.
10. Times and methods for refunds
10.1. Once the products have been returned, Brunori srl - Azienda Agricola Le Sincette will carry out the necessary checks to ensure compliance with the conditions and periods laid down in paragraph 9. In the event of a positive outcome to these checks, Brunori srl - Azienda Agricola Le Sincette will arrange to send you, via email, the respective confirmation the products have been returned.
10.2. Whichever payment method you selected, the refund will be activated by Brunori srl - Le Sincette in the fastest time possible and, in any event, within thirty (30) days from the date that Brunori srl - Azienda Agricola Le Sincette became aware you were exercising your right of withdrawal, subject to verification of proper execution of the right of withdrawal and acceptance of the returned products.
10.3. In the event the intended recipient of the products shown on the order form does not match the identity of the person who paid the amount due for their purchase, in the event the right of withdrawal is exercised, the amount will be refunded by Brunori srl - Azienda Agricola Le Sincette, in any case, to the person who made the payment.
11. Customer Assistance
11.1. For any information, send an email to our Customer Assistance services at [email protected] or call us on 0365/651471.
11.2. Direct written communications to the Supplier and any complaints will be regarded as valid only if sent to the following address: Brunori SpA, Via Rosario, No. 44, 25080 Polpenazze d/G (BS) or by fax to 0365/651991 or via email to the following address [email protected] On the registration form, the Buyer must enter their residence or domicile, telephone number and the email address to which they want the Supplier's communications to be sent.
12. Limitations of liability
12.1. Brunori srl - Le Sincette accepts no liability for any poor service attributable to causes of force majeure in the event it does not succeed in executing the order within the times laid down by the contract.
12.2. Brunori srl - Azienda Agricola Le Sincette cannot be held responsible with regard to the Buyer, except in the case of fraud or serious negligence, poor service or malfunctions connected to any use of the internet that is outside its control or the control of its sub-suppliers.
12.3. Furthermore, Brunori srl - Le Sincette will not be liable for any damage, loss or charges sustained by the Buyer following the failure to execute the contract for reasons not attributable to the company. In such cases, the Buyer will only have the right to a full refund of the price paid and any ancillary charges sustained.
12.4. Brunori srl - Azienda Agricola Le Sincette accepts no liability for any fraudulent or illegal use that could be made by third parties of the credit cards, cheques or other means of payment for purchased products, should it be shown that all precautionary measures possible were adopted on the basis of the best available current knowledge and experience, and normal due diligence.
12.5. The Buyer may not, under any circumstances, be held liable for delays or payment errors should they be able to demonstrate they made the payment in question within the times and by the methods indicated by Brunori srl - Azienda Agricola Le Sincette.
13. Protection of confidentiality and Treatment of the Buyer's Data
13.3. Brunori srl - Azienda Agricola Le Sincette protects the privacy of its customers and guarantees its treatment of data complies with the provisions of the regulations on privacy under the Legislative Decree of June 30, 2003, No. 196.
13.4. The personal data acquired directly and/or from third parties by Brunori srl - Azienda Agricola Le Sincette as Data Controller will be collected and processed in paper, digital and digital transmission form as regards the methods of treatment for the purpose of registering the order and initiating the procedures for the execution of the contract and the respective communications that are required, in addition to the fulfilment of any legal obligations, as well as enabling the effective management of the commercial relationships to the degree necessary to properly carry out the service requested.
13.5. Brunori srl - Azienda Agricola Le Sincette undertakes to keep the data and information sent by the Buyer confidential and not to reveal them to unauthorised persons, not to use them for purposes other than those for which the data were collected nor to transmit them to third parties. These data may be disclosed at the request of the Judicial Authorities, or other, legally authorised authorities.
13.6. The personal data will be communicated, subject to the signing of a commitment to ensure the confidentiality of the data, only to subjects delegated to carry out the activities required to fulfil the stipulated contract and will be communicated only for this purpose.
13.7. The Buyer enjoys the rights laid down by article 7 of the Legislative Decree 196/2003, that is, the right to obtain:
a) the updating, correction or, when required, the supplementing of the data;
b) the deletion, conversion into anonymous form or blockage of data treated in violation of the law, including in those cases where retention is not necessary with regard to the purposes for which the data was collected or subsequently treated;
c) confirmation that the operations under letters a) and b) have been brought to the attention, including as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfilment proves impossible or leads to the use of means clearly disproportionate to the protected right. The person concerned also has the right to object, wholly or in part: i) for legitimate reasons, to the treatment of personal data concerning them, even if relevant to the purpose of the collection; ii) to the treatment of personal data that concerns them for the purposes of sending advertising or direct sales materials or to carry out market research or sales campaigns.
13.8. Communication by the Buyer of their personal data is a necessary condition for the prompt and correct execution of this on-line sale contract. Failing this, it will not be possible to process the Buyer's request.
13.9. In any case, the data acquired will be kept for a period of time no greater than is necessary for the purposes for which they were collected or subsequently processed. In any event, the data will be removed in a secure manner.
13.10. The Data Controller responsible for the collection and treatment of personal data is Brunori srl - Azienda Agricola Le Sincette, to the registered offices of which all requests should be sent.
13.11. In accordance with article 12 of the Legislative Decree 70/2003, the Supplier informs the Buyer that all orders sent are kept in digital/paper form on servers at the Supplier's premises, in accordance with confidentiality and security criteria.
14. Applicable law and the resolution of disputes
14.1. These General Conditions of Sale are governed by Italian law.
14.2. For anything not expressly laid down here, the applicable legal regulations will be applied to the relationships and the cases laid down in this contract and, specifically, by the Legislative Decree of September 6, 2005, No. 206, and by the Legislative Decree of April 9, 2003, No. 70, on certain aspects concerning electronic commerce.
14.3. The sale of products and/or the performance of services take place in the territory of the Italian state and are subject to the current laws of the Italian Republic. The competent court for the resolution of any disputes will be the one laid down by current Italian legislation at the time the contract is concluded.
15. Updates and Amendments
15.1 These General Conditions of Sale are periodically amended to take into account the development of the business and the market, as well as in observance of any updates or amendments to the legislation. Any updates or amendments will be duly published on the site http://www.lesincette.it and will be immediately valid from the date of publication on http://www.lesincette.it.