terms of sale

CONDITIONS OF SALE

Contacts:

Feudi di Guagnano srl

Via Provinciale, 37 – 73010 Guagnano (LE)

 

e-mail: info@negramando.it

telephone and whatsapp: +39 3517030606

 

TERMS & CONDITIONS

As a user of our website, and when making a purchase from negroamando.it, you acknowledge that you do so under these Terms & Conditions.

SUBJECT MATTER

This set of rules disciplines the contract having as subject matter the sale and the despatch of the wines that are sold by negroamando.it and produced by Feudi di Guagnano srl, Via Provinciale, 37 – 73010 Guagnano (LE), P.I. 03649380759 - REA: LE-236041.

The contract is made between Feudi di Guagnano and the Purchaser and the sale is accomplished by Internet.  Feudi di Guagnano has the right to modify Terms & Conditions; they will be valid just after the publication on the website.

They refer to the Legislative Decree 206/2005 (Consumption Code) that rules all the contractual processes involving the consumers, and to the UE directive 2000/31/CE (Directive on the Electronic Trade), acknowledged by the Italian political system with the Legislative Decree 70/2003.   

 

ORDERS

The contract between Feudi di Guagnano and the Purchaser is concluded, even partially, once Feudi di Guagnano accepts the purchase order. The purchase order must be complete in all its parts and it has to contain all the details with reference to the ordered products and the delivery place. 

 

The completion of the order implies that the Purchaser has looked over all the information given to him and the total acceptance of the terms and the conditions.

The image in the data sheet of the product cannot represent its features perfectly; yet the vintage of the product can be different, but always guaranteeing the quality of the product.  

The order is to be considered accepted by negroamando.it when it is confirmed; yet it will be transmitted by e-mail to the Purchaser. The Purchaser has to check the confirmation of the order and inform negramando.it immediately if some mistakes or omissions have occurred. The orders are shipped in one working day from when the payment is received. On the contrary, the delivery time depends upon the place the products are shipped and cannot be quantified.

 

18+ AGE POLICY

Wines can be only sold to persons who are 18 or older. By placing an order you also confirm that you are at least 18 years old.

PRICES AND PAYMENT TERMS

 

Prices are in EURO and include VAT; they must be considered as a public offer.  The Purchaser can pay the purchased products by:

 

 Credit card;

-          Upfront bank transfer;

-          PayPal.

 

If the Purchaser cancels his order or if negramando.it refuses it, the payment will be annulled and the money given back to the Purchaser. The time to release the payment depends upon the bank system and the kind of credit card. The release process can also last 25 days; negramando.it is not responsible of such a delay and nothing can be done to make shorter the release time.

 

On the annulment of the order, Feudi di Guagnano cannot be responsible, in any case, for direct or indirect damages or delays for the money release which have to be implied to the bank system.

Negramando.it is never acquainted with the information connected to the Purchaser’s credit cards, as they are transmitted to the bank that manages the transaction by a protected connection.

 

In any case Feudi di Guagnano srl can be considered responsible for a fraudulent or illegal use of the credit cards, on behalf of a third party, at the moment of the payment of the purchased products on its website.

 

The property of the purchased products passes to the Purchaser once they have been paid and delivered. The risks of any damages are on the Purchaser once the products have been delivered.

 

 

SHIPMENT AND DELIVERY  

 

If the Purchaser is not at home at the moment of the delivery, the courier leaves a notice. In this case the Purchaser will have to contact the courier in a short time, in order to arrange the delivery of the products.

Invoices for the purchased products must be required at the moment of the order and the VAT code has to be communicated at the same time. No invoice will be issued after the shipment of the products.

The shipment costs are on the Purchaser (if he lives abroad) who will ask for an estimate by e-mail or whatsapp.

The package used for the shipment is a safety package that is able to protect the products, both for damages and temperature, and is certified by UPS.

The delivery time depends on the country where the products are shipped. Any eventual delay can be due to weather conditions, strikes, pandemic or areas in an awkward position.  

All the costs due to demurage days at the courier’s warehouse (for unsuccessful delivery or refusal of the products) as well as the costs for the return or destruction of the products will be on the Purchaser.

RESPONSABILITY

Feudi di Guagnano is not responsible towards any parties for possible damages, loss or additional costs due to acts of God that prevent from executing the contract. In this case the Purchaser will have the right to be refunded only for the cost of the products.

As stated above Feudi di Guagnano srl is not responsible for a fraudulent or illegal use of the credit cards or other payment devices, on behalf of a third party, at the moment of the payment of the purchased products on its website. However, if Feudi di Guagnano’s responsibility towards the Purchaser is ascertained, its responsibility will not have to be superior to the price of the purchased products for which a contestation has been arisen.

Feudi di Guagnano’s responsibility with reference to the delay of the delivery cannot be more than the shipment cost borne by the Purchaser.

Feudi di Guagnano ships the products to the address pointed out by the Purchaser; as a consequence of that, the company will not be responsible for any loss or damage due to a wrong communication of the delivery address.

 

RIGHT TO WITHDRAW

The right to withdraw can be exercised if:

the Purchaser cancels his order by sending an e-mail to negramando.it before receiving the order confirmation or before the shipment of the products; 

-        - the products do not satisfy the Purchaser’s requirements; in this case he has to return all the products he has purchased by 15 days from the receipt of the goods. The right to withdraw is ruled by the art. 54, paragraph 1 of the so-called Code of Consumption and come into effect by e-mailing to sales@feudiguagnano.it and giving explicit reasons for his decision to break the contract.

The rejected products must be shipped to Feudi di Guagnano srl, via Cellino, 3 – 73010 Guagnano (LE).

The right to withdraw is, on the contrary, excluded (art. 5, Legislative Decree 185/1999) in the following cases:

-  personalization of the products (private labels, small bottles and so on) required by the Purchaser;

-         -  deterioration of the products (also due to the absence of the customer at the moment of the delivery);

-          - opening of the products.

 

The reimbursement is done in the shortest possible time and within 15 days from when the rejected products are returned to Feudi di Guagnano srl; however, the Purchaser has to communicate, in the ways expressed above, his decision and the reasons why he has decided to refuse the products.

 

COMPLAINTS

The complaints have to be communicated by e-mail: sales@feudiguagnano.it or writing to Feudi di Guagnano srl, Via Provinciale, 37 – 73010 Guagnano (LE) – ITALY.

 

PRIVACY POLICY

The protection and the private nature of the personal data is ruled by the Law 675/1996.

The Purchaser has the right to ask Feudi di Guagnano information on the content of his own personal data, correction or cancellation of them at any time. The data are only used to keep the Purchaser informed on the services supplied to him and for no reason they will be disclosed to third parties.

Feudi di Guagnano srl will only ask for those data which are fundamental to complete the purchase and, in case, to keep the Purchaser informed about prices and new products (as long as the Purchaser is interested in this kind of information).

In accordance with the articles 13 and 23 of the Legislative Decree 196/2003 (Code for the protection of the personal data), negramando.it wants to inform all those who will visit its website on the following subjects:

-   all the personal data will be used in accordance with the above mentioned Law and with the confidentiality clause to it connected;

-          use of personal data, in accordance with the art. 4 of the Code, means any operation o number of operations, also done without the use of electronic devices, referring to the collection, registration, organization, preservation, consultation, elaboration, modification, selection, extraction, comparison, use, interconnection, blocking, transmission, cancellation and destruction of the data, even though not registered in a database;

-     -  the use of the data is done for institutional aims connected or in function of Feudi di Guagnano’s activity, such as storage, elaboration, invoicing, customers management and, in particular way:

 

a)  to fulfil legal obligations concerning civil, fiscal, accounting laws in order to have an administrative management of the relation between the Purchaser and Feudi di Guagnano srl;

b)      to fulfil the contractual obligations, technical supports and technical information as much as post-sales assistance;

c)       for market surveys and statistics, marketing on all the products proposed by negramando.it;

d)      to communicate by e-mail, but only after getting the Purchaser’s explicit consent, business information about promotions, new products, services and offers from both Feudi di Guagnano and other companies controlled or affiliated to it, but also business partners and outsourcers. All this will not imply, in any case, the transfer of personal data to third parties. Furthermore this service does not determine a monitoring of the websites visited by the Purchaser, neither the control of the messages he has read;

e)      for the fulfilment of promotional initiatives in general, and for the Purchaser’s interest.

 

-          the management of the Purchaser’s personal data are fundamental to fulfil the law and contractual obligations coming from the juridical relationship with Feudi di Guagnano srl. If not interested in business communications, the Purchaser has the power to deny his specific consent for this end.

 

All the data:

 

-          are kept in our database and recorded in order to allow the access to them only to the personnel authorized by negramando.it;

-          could be used, respecting the ends above mentioned, only by negramando.it, but also communicated to:

a)       companies connected, controlled or affiliated to Feudi di Guagnano srl;

b)      Feudi di Guagnano’s business partners (suppliers, couriers and so on);

c)       companies that carry out market surveys on the consumer’s satisfaction.

 

Everyone may exercise the rights expressed in the art. 7 of the Code summarized as follows: the interested party has the right to be informed on the existence of his personal data in the database of negramando.it, even if not still registered, and on the communication of them in an intelligible form.

 

The interested party has the right to get a confirmation about:

 

-          the origin of the personal data;

-          the conditions and the ends of the use of them;

-          the way they are used if managed with electronic devices;

-          the essential data of the people in charge for the use of his own personal data;

-          the list of people or companies to whom the personal data can be transmitted or disclosed, as an appointed representative in a particular territory of the country, or as person in charge.

 

Besides the interested party has the right to get:

 

a)       the updating, the amendment and, if interested in, the integration of the data;

b)      the cancellation, the transformation in an anonymous form or the blockage of the data in use because of the transgression of the law, including those for which the registration is not mandatory with reference to the ends the data have been collected and then used for;

c)       the declaration that those people, to whom the data and their content have been transmitted, have been informed about the points a) and b), except for those cases where such an accomplishment is impossible or implies a use of means out of proportion in comparison to the right to be safeguarded.

 

The interested party can oppose to all or to a part:

 

a)       for valid reasons referring to the use of his own personal data, even if pertinent to the ends of the data collection;

b)      to the use of his own personal data with reference to the mailing of marketing material or direct sale or for marketing surveys and business advertisements.

 

The holder of the personal data is Feudi di Guagnano srl, via Provinciale, 37 – 73010 Guagnano, while the person in charge for the use is Giovanni Vito Rizzo.

 

The use of the data is carried out by using of appropriate instruments which allow to guarantee the security and the privacy in accordance with the programmatic document issued by Feudi di Guagnano srl and drawn up on the basis of the art. 34, paragraph 1, letter G) of the Code which has been lodged at the winery, located in Via Cellino, 3 – 73010 Guagnano (LE) – Italy.

All the data are kept at Feudi di Guagnano srl.

 

 

JURISDICTION  

 

The contract is ruled by the Italian law. For all what not expressly expounded here, the rules applicable to the business relationships and, in this particular way, to the Contract must be considered valid.

 

For any civil litigation concerning the contracts of sale between the Purchaser and Feudi di Guagnano srl and concluded by the website, if the Purchaser is a consumer, the territorial competence is absolutely due to the judge of the place where the Seller is located, that is the city of Lecce.