Terms and conditions
General Terms and Conditions of Sale
These General Terms and Conditions of Sale govern the offer and sale of products on the website https://villalenashop.myshopify.com/.
The products purchased on the Website are manufactured and sold by Officina Villa Lena S.r.l., with registered office in Santa Croce sull'Arno (PI), Largo Pietro Lotti 9/L, ZIP 56029, share capital € 10,000.00 (paid in € 2,500.00), Fiscal Code/VAT No 02421540507, registered with the Chamber of Commerce of Pisa/ Economic and Administrative Index PI - 205877, (hereinafter referred to as “OVL”).
- SCOPE OF APPLICATION
1.1 The sale of products on the Website (hereinafter referred to as “Products”) is governed under the rules set out in Chapter I, Title III (Articles 45 et seq.) of Italian Legislative Decree no. 206 of 6 September 2005 (hereinafter referred to as the “Consumer Code”) if the Customer qualifies as a consumer pursuant to Article 3, Paragraph 1, Letter a of the Consumer Code or conversely, if the Customer does not fall within any of these categories, the applicable provisions are the ones set out in the Italian Civil Code or any other provisions of the applicable Italian law and by Italian Legislative Decree no. 70 of 9 April 2003, containing the legal framework on electronic commerce.
1.2 These General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions will be in force from the time of their publication on the Website. Hence, visitors are recommended to access the Website regularly and to read through the latest version of the General Conditions of Sale before making any purchase. The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.
1.3 These General Conditions of Sale do not govern the sale of products with and/or the provision of services by parties other than OVL being present on the Website by way of links, banners or other hyperlinks. Therefore, prior to carrying out commercial transactions with such parties, it is necessary to check the conditions of sale set out by these parties. OVL shall not be liable for the provision of services and/or the sale of products by such parties. OVL has no control or supervision over the websites to which these links redirect. OVL therefore is not liable in any way for their content or for any errors or omissions or violations of law caused by such parties.
- USE OF WEBSITE
2.1 With regard to Italian citizens, sales on the Website are reserved only for those who are 18 or over.
Customers who are not Italian citizens may only purchase Products on the Website if they are of legal age under their national law.
For the purposes of purchasing the goods, the Customer must expressly state to be of legal age and this declaration will exempt OVL from any liability in the event of violation of the laws that establish restrictions on purchase for reasons of age.
2.2 In any case, OVL reserves the right to cancel purchase orders relating to transactions in case problems arise concerning the solvency of the Customer or the veracity of the statements made by the latter when filling in the purchase order.
2.3 With regard to the purchases on the Website, it may occur that: the purchase process contains one or more typographical errors; the Product Sheet, as defined below, contains incorrect information due typographical errors (e.g.: the price); by mistake, a Product is listed as available but is not available at the moment the order is processed. In these or in similar cases, the Customer may request the cancellation of the order or obtain, prior agreement with OVL, a different Product, subject to possible adjustment of the purchase price.
3.1 Customers can buy the Products on the Website by accessing the section dedicated to the purchase https://villalenashop.myshopify.com/collections/all
3.2 The Customer shall be responsible for any incomplete and/or untrue personal information provided in occasion of placing the order of the products and agrees to release and/or relieve OVL of any liability.
Once OVL has received the order, it will proceed with the registration and will send the confirmation of the order received to the Customer’s email address communicated for the purposes of registration on the website. The contract is concluded when the Customer receives the order confirmation.
- INFORMATION REQUIRED FOR THE CONCLUSION OF THE CONTRACT
4.1 In accordance with Italian Legislative Decree of 9 April 2003, no. 70 which regulates electronic commerce, OVL informs the Customer that:
To purchase one or more Products on the Website, the Customer shall fill out and send an order form in electronic format, following the instructions appearing on the Website which will concern the various phases of the purchase;
The contract shall be considered as concluded once the order form has been received by OVL's server;
the order form will be stored in OVL's database for the time necessary to process the order and, in any event, in accordance with the rules provided by the law. The Customer may log in to access the order form.
- VALIDITY OF OFFERS AND PRICES
5.1 Prices shown on the Website are in Euros (€) and include Value Added Tax ("VAT"), unless stated otherwise. Any additional cost will be indicated separately in the order form before the Customer proceeds to submit the latter.
5.2 Prices may be varied by OVL at any time, without prior notice, it being understood that the price charged to the Customer shall be the price published on the information sheet which illustrates the main features of the Product (hereinafter referred to as the “Product Sheet”) at the time the order is sent. Any price variations (upwards or downwards) following the submission of the order will not be taken into account.
- PURCHASE ORDERS - PRODUCT INFORMATION
6.1 By receiving confirmation of the payment of the total amount, OVL will fulfil the purchase order, and subsequently will ship the purchased Product. The total amount consists of the purchase price, the delivery costs, where applicable, and any other additional costs, as indicated in the order form (hereinafter referred to as the “Total Amount”). If the Total Amount is not paid or the payment is not successful, the purchase contract shall therefore be deemed terminated by law pursuant to Article 1456 of the Italian Civil Code.
6.2 The Products will remain the property of OVL until payment of the Total Amount. The risk of loss of or damage to the Products, for reasons not attributable to OVL, on the other hand, shall pass to the Customer when the latter, or the latter’s designated third party different from the carrier, takes physical possession of the Products.
6.3 Each Product is accompanied by a Product Sheet. The images and descriptions on the Website reproduce the characteristics of the Products as faithfully as possible. Please note that the images of the Product in the Product Sheet may differ in respect of year and/or size or any accessory products. Such images must therefore be understood as suggestions and the product may admittedly differ to a generally acceptable extent. For the purposes of the purchase order, the description of the Product contained in the order form sent by the Customer shall prevail.
6.4 Some of our products contain sulphites, as the production process itself implies the presence of sulphites in the wine. It is possible, however, that other sulphites are added therein in the production process; in some cases, however, it is possible that a wine will not contain any "added" sulphites.
6.5 The purchase of gift vouchers does not affect the payment threshold which, once exceeded, entitles the Customer to free shipping of the Products.
- AVAILABILITY OF PRODUCTS
7.1 The products offered on the Website are limited in number.
The Customer is therefore made aware and acknowledges that in the event of more Customers purchasing the same Product at the same time, the Product ordered may no longer be available after the purchase order has been submitted.
7.2 Without prejudice to the rights granted to the Customer by the law, in any case the Product ordered becomes unavailable the Customer shall be promptly informed by email or telephone. The Customer qualifying as consumer pursuant to Article 3 of the Consumer Code, shall therefore be entitled to terminate the contract as per Article 61, Paragraphs 4 and 5 of the Consumer Code. If the Customer qualifying as consumer exercises the right to terminate the contract pursuant to Article 61, Paragraphs 4 and 5 thereof, OVL will reimburse the amount paid without undue delay and, in any case, by (no later than)15 working days from the date the payment was received. This amount will normally be credited to the same method of payment chosen by the Customer for the purchase or the different method agreed between the Customer and OVL.
In the event that the reimbursement is delayed for a reason attributable to the bank, the type of credit card or the method of payment requested by the Customer, OVL will in any event be relieved of any liability arising from such delays.
7.3 As regards an order for a number of Products (hereinafter referred to as the “Multiple Order”), if the unavailability concerns only some of the Products of the Multiple Order, without prejudice to the rights granted to the Customer by law and without prejudice to the application of Article 7.2 above, OVL shall immediately inform the Customer by email or telephone. The Customer qualifying as consumer shall therefore be entitled to terminate the contract as per Article 61, Paragraphs 4 and 5, of the Consumer Code, with regard to the Product(s) which have become unavailable. If the Customer (consumer) exercises the right of termination pursuant to Article 61, Paragraphs 4 and 5 thereof, in relation to the Product(s) which have become unavailable or in any event the payment of the Total Amount has already been made, OVL shall refund the amount in relation to such Product(s), including the delivery costs and any other additional charge specifically applied in relation to such Product(s) (hereinafter referred to as the “Partial Amount”) without undue delay and, in any event, by (no later than)15 working days from when the order was submitted. The amount of the refund will be communicated to the Customer by email or telephone. This amount will be credited using the same method of payment chosen by the Customer for the purchase or by any other instruments agreed between the parties.
In the event that the reimbursement is delayed for a reason attributable to the bank, the type of credit card or the method of payment requested by the Customer, OVL will in any event be relieved of any liability arising from such delays.
7.4. Termination of the Multiple Order in its entirety shall only be possible in the case of clear and proven ancillary nature of the Products listed in the Multiple Order that have become unavailable with respect to the other Products being part of the Multiple Order which would remain available.
- DELIVERY OF PURCHASED PRODUCTS
8.1 The shipping costs payable by the Customer for a purchase order are indicated separately during the purchase process, in the order confirmation and, in any case, before the Customer proceeds to submit the order. Prices are in Euros and include VAT.
The order confirmation will indicate, where possible, the delivery date for the purchased goods. Please note that the delivery date indicated in the order confirmation is not of the essence. If the delivery does not take place by the time indicated in the order confirmation, the Customer qualifying as consumer, pursuant to Article 61, Paragraph 3, of the Consumer Code, shall request OVL to perform the delivery within an additional term pursuant to Article 61, Paragraph 3 thereof.
In absence of a specific delivery date, delivery shall in any event take place by thirty days of conclusion of the contract.
8.2 OVL will fulfil the delivery obligation when it puts the Products in the possession of, or otherwise transfers the control of the Products to the Customer.
It is upon the Customer to check the condition of the delivered Product, it being understood that the risk of loss of or damage to the Products, for causes not attributable to OVL, is transferred to the Customer when the latter, or the latter’s designated third party different from the carrier, takes physical possession of the Products. OVL recommends to check the number of Products received and ensure that the packaging is intact, undamaged, not wet or otherwise altered, including the seals. To avoid any disadvantage, the Customer should report on the carrier’s shipping documents any anomalies, and accept the package “with RESERVE” (e.g., damaged package, wet package, non-original OVL branded tape). Conversely, the acceptance of the Products without reservation does not allow the Customer to take legal action against the carrier and/or OVL in the event of loss or damage to the Products, except where the loss or damage originates from wilful misconduct or gross negligence solely attributable to the carrier and except for partial loss or damage that is not noticeable at the time of delivery, provided that in the latter case, the damage is reported immediately and in any event, no later than eight days after receipt. If the package shows signs of tampering or alteration, the Customer should notify OVL's Customer Service at the earliest convenience. If the order is not delivered correctly, the Customer should contact OVL within 30 days from the date the order was submitted so to enable OVL to perform the appropriate checks with the carrier. This shall be without prejudice to the rules on the right of withdrawal and the statutory guarantee of conformity.
8.3 For any other aspect not expressly provided for in these general terms and conditions, Article 61 of the Consumer Code shall be applicable to Customers qualifying as consumers, whereas the provisions of Italian law shall be applicable in all other cases.
8.4 Shipments of orders on the XXXXX website can be exclusively placed within Europe.
- METHOD OF PAYMENT
9.1 Payment for Products can be made by credit card or bank transfer. If one of these methods/means of payment cannot be used in relation to a specific Product, this will be clearly indicated on the Website or at the beginning of the purchase process.
9.2 Payment by credit or debit card
9.2.1 Payment for Products may be made by credit or debit card directly through the Website.
9.2.3. The credit card sensitive information (i.e., card number, account holder name, expiry date, security code) are encrypted and transmitted directly to the payment system (i.e., no sensitive information will be transferred through OVL’s servers). OVL therefore never has access to and, therefore, does not store any Customer’s credit card information for the payment of the Products (the same applies also if the Customer has saved any credit card information on the Website), with the only exception being the cardholder’s name.
9.3 Bank transfer
9.3.1 If the Customer choses to pay by bank transfer, the order will be shipped after OVL has received the amount.
- CUSTOMER’S RIGHT OF WITHDRAWAL
10.1 The Customer, acting as a consumer, has the right to withdraw from the contract concluded with OVL without having to incur costs other than those indicated in this clause and without having to specify the reason, within fourteen (14) calendar days (hereinafter referred to as the “Withdrawal Period”). The Withdrawal Period expires after 14 days:
- a) in the case of an order for a single Product, from when the Customer or the Customer’s designated third party different from the carrier takes physical possession of the Product;
- b) in the case of a Multiple Order with separate deliveries, from when the Customer or the Customer’s designated third party different from the carrier takes physical possession of the last Product;
- c) in the case of an order for delivery of a Product consisting of multiple lots or pieces, from when the Customer or the Customer’s designated third party different from the carrier takes physical possession of the last lot or piece.
10.2. To exercise the right of withdrawal, before the expiry of the Withdrawal Period the Customer must inform OVL of the decision to withdraw.
10.3 In order to exercise the right of withdrawal, the Customer must send a request on the Contacts webpage with an explicit declaration to withdraw from the contract (hereinafter referred to as the “Declaration of Withdrawal”). The burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests on the Customer. Therefore, it is in the Customer's interest to keep a copy of the email sent to OVL containing the Declaration of Withdrawal.
10.4 For the return of the Product, the Customer may choose a carrier and shall bear all the costs and shall be solely responsible for the return of the Product: in this case, having exercised the right to withdraw in accordance with the procedures set out by this clause, the consumer must return the Product to OVL, using the chosen carrier and at the Customer’s sole expense, without undue delay and in any case by (and no later than) 20 calendar days from when the declaration of withdrawal was communicated to OVL. The deadline is considered to be met if the Customer returns the Product within the fourteen-day period.
The Product, duly sealed and packaged, must be sent to the following address:
Villa Lena Società Agricola S.r.l.
Via Toiano 25
56036 PALAIA (Pl) ITALY
If the Customer used a discount code for the purchase of the Product for which the right of withdrawal has been exercised, the refund will be made only with reference to the amount of money actually spent, with the exclusion of the amount equal to the discount code.
10.5 If the Customer withdraws from the contract, OVL will proceed to refund the Total Amount paid by the Customer for the Product, without undue delay and in any case no later than 14 calendar days from the day on which OVL received the returned Products in the same conditions in which they were sold. The refund will be made using the same method of payment used by the Consumer for the initial transaction or the different method agreed between the parties; in any event, the Customer shall not incur any additional costs as a result of such refund.
10.6 In the event of a partial withdrawal, the amount of the delivery costs to be refund to the Customer following the withdrawal shall be calculated pro rata to the value of the purchase being withdrawn.
10.7 The Customer shall only be liable for any decrease in the value of the goods resulting from any handling of the Product other than those necessary to identify the Product with certainty. The Product shall in any case be kept, handled and inspected using the ordinary diligence and returned intact, complete in all its parts, with all the accessories accompanying the Product undamaged, and with no signs of wear and tear or dirt. In addition, the withdrawal shall apply to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories (which are not considered themselves Products) of the Product.
10.8 If the withdrawal is not exercised in accordance with the provisions of the applicable law, the contract is not terminated and, consequently, the Customer will not be entitled to any refund. OVL will inform the Customer that the request for withdrawal is rejected. The Product, if already received by OVL, will remain at OVL at the disposal of the Customer for collection, which must take place at the Customer’s exclusive expense and risk.
10.9 If the Product is subject to a decrease in value resulting from a use other than that necessary for its clear identification, the refund shall be reduced by an amount equal to such decrease in value. OVL will inform the Customer of this circumstance and of the consequent reduction in the refund amount. If the refund has already been paid, OVL will provide the Customer with the bank details for the payment of the amount payable consequent to the reduction in the value.
10.10 If the law excludes the right of withdrawal, such exclusion will be expressly disclosed in the Product Sheet and, in any event, throughout the purchase process, until the moment the Customer proceeds to submit the order. As a reminder, please note that pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded, inter alia, if the sale concerns:
(i) tailor-made or clearly bespoke products;
(ii) sealed products which once been opened after delivery are unsuitable for return for reasons of hygiene or healthcare safety.
- MISCELLANEOUS PROVISIONS
11.1 By placing an order on the Website, the Customer agrees to receive the invoice in electronic format only. The invoice may be printed and filed as an original in accordance with the Italian Ministerial Guidance 45/E, 19/10/2005. For the issuance of the invoice, the information provided for this purpose by the Customer, which represents and guarantees to be true, will be considered valid, and the Customer undertakes to indemnify and hold harmless OVL from any damage, including sanctions levied by the competent authorities that originate from the provision of false information.
11.2 OVL shall not be liable for any damage sustained by the Customer or third parties or to property belonging to the Customer or third parties due to delays in delivery or in connection with the use of the Product.
- STATUTORY GUARANTEE OF CONFORMITY
All the Products sold through the Website are covered by the Statutory Guarantee of Conformity in accordance with Articles 128-135 of the Consumer Code (hereinafter referred to as the “Statutory Guarantee”). The Statutory Guarantee is reserved for consumers, therefore it applies only to Customers who have made the purchase for purposes outside the scope of an economic activity (trade, business, craft, liberal profession).
Those who have purchased the Product out of the consumer regime shall be covered by the warranty for defects in the goods sold, the warranty for defects in the promised and essential quality and the other warranties provided for by the Civil Code with the relevant terms, forfeiture and restrictions.
- APPLICABLE LAW AND JURISDICTION; OUT-OF-COURT SETTLEMENT OF DISPUTES - ALTERNATIVE DISPUTE RESOLUTION / ONLINE DISPUTE RESOLUTION
13.1 The contracts concluded between the Customers and OVL on the Website are governed under Italian law. This shall be without prejudice to the application to Customers qualifying as consumers who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country of habitual residence, in particular in relation to the deadline for the exercise of the right of withdrawal; the time for the return of the Products, in the event of the exercise of right of withdrawal; the procedure and formal requirements applicable for the communication thereof; and the statutory guarantee of conformity.
13.2 Pursuant to Article 141-sexies, Paragraph 3 of the Consumer Code, OVL informs the Customer qualifying as Consumer pursuant to Article 3, Paragraph 1, Letter a of the Consumer Code that if it is not possible to find a negotiated solution for the complaint submitted to OVL, OVL will provide information on the Alternative Dispute Resolution bodies to be appointed for the out-of-court settlement of disputes relating to the obligations arising from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code).
OVL also informs Customers qualifying as consumer as defined in Article 3, Paragraph 1, Letter a of the Consumer Code, that a European Online Dispute Resolution (ODR) platform of consumer disputes (i.e., the ODR platform) has been set up. Consumers can access the ODR platform on the following link http://ec.europa.eu/consumers/odr/; the ODR platform provides a list of ADR bodies with the link to the Website of each of them to commence an on-line dispute resolution procedure for the dispute.
This shall be without prejudice to the right of the Customer qualifying as consumer to appeal to the ordinary courts vested with jurisdiction in disputes arising from these General Terms and Conditions of Sale.
13.3 Customers residing in a member State of the European Union other than Italy may also have access to the European Small Claims Procedure established by Council Regulation (EC) No. 861/2007 of 11 July 2007 for all disputes relating to the application, performance and interpretation of these General Terms and Conditions of Sale, provided that the value of the dispute does not exceed Euro 2,000.00, excluding interest, fees and expenses. The text of the Regulation can be found at www.eur-lex.europa.eu.
- JURISDICTION IN THE CASE OF A CONTRACT CONCLUDED BY A CONTRACTING PARTY WHO IS NOT A CONSUMER
If the Customer does not qualify as consumer on the date of conclusion of the contract of sale, the Court of Pisa (Italy) shall have jurisdiction over any disputes arising from the contract and/or these general terms and conditions of sale.
- CUSTOMER SERVICE AND COMPLAINTS
15.1 To request information, send communications, request assistance or make complaints please contact the Customer Service sending an email to firstname.lastname@example.org
16.2 OVL will reply to the complaints submitted without delay, in any event within five working days of the request.
17) PROCESSING OF PERSONAL DATA
The Customer acknowledges, pursuant to Article 13 of Legislative Decree 196/03, and Article 13 of EU Regulation no. 2016/679 (commonly referred to as GDPR) that the "personal data" provided and/or exchanged with ___________, also during the pre-contractual information phase, will be processed by __________ for the following purposes:
Fulfilment of pre-contractual, contractual and fiscal obligations arising from existing and/or future relationships;
Fulfil obligations required by law, regulation, EU legislation or an order from the government authorities;
Prevention or detection of fraud or abuse; exercise the rights of the Controller, e.g., the right to defence in court.
Furthermore, it is understood that the Customer explicitly consents to the processing of "personal data", availing himself/ herself of his/her rights in accordance with Articles 15, 16, 17, 18, 19, 20 of the GDPR.
Pursuant to art. 1341 of the Italian Civil Code, the Customer expressly approves of the contractual terms and conditions set out in clauses 2.1) and 2.2) (Use of the Website); 3) (Orders; 6.1) (Purchase orders - Product information) 7.2); 7.3) (Availability of products) 8.1) (Delivery of purchased products) and 10.4) (Customer’s right of withdrawal); 11) (Miscellaneous provisions) 14) (Jurisdiction in the case of a contract concluded by a contracting party who is not a consumer).