Terms and conditions
These General Terms and Conditions of Sale shall apply together with the Special Terms and Conditions of Sale to any order placed by the Customer (“Order”) even if it is a fractional, continuous or split purchase relating to the Seller’s Product(s). These provisions shall prevail over any other written or oral provisions in conflict with the Contract.
Any execution of the Contract implies automatic acceptance of these Terms and Conditions even if not duly signed by the Customer. Any general conditions provided by the Customer shall not be applicable or valid, even partially, without formal acceptance in writing by the Seller.
Any invalid provision of these General Conditions shall not affect the validity of the Contract itself. In the event of an invalid provision contained in the General Conditions, the Contract shall remain in force and the invalid provision shall be deemed not to be contained therein. The General and Special Terms and Conditions of Sale are the sole agreement between the Parties and prevail over any previous oral or written agreements made between the same Parties. Any modification or amendment to this Contract must be made in writing. Any forbearance by Seller of any breach or default by Buyer under these Terms and Conditions shall not be deemed a waiver of action on subsequent breaches or defaults and shall in no way affect the other terms of the Contract. Users are urged to access the site regularly and consult the most up-to-date version of the general terms and conditions of sale at the following link before making any purchases: https://www.tenutefosca.com/termini-e-condizioni/. These General Terms and Conditions of Sale govern the offer and sale of products through the website www.tenutefosca.com which constitute a distance contract governed by Legislative Decree. Sept. 6, no. 206 – Consumer Code, the Civil Code and Legislative Decree. April 9, 2003 No. 70 containing the regulation of electronic commerce.
Orders
The contract entered into between the Seller and the Customer shall be deemed to be concluded with the acceptance of the order by the Seller. Acceptance shall be deemed tacit unless otherwise communicated in any manner to the Customer. By placing an order in the various ways provided, the Customer declares that he/she has read the instructions given during the purchase procedure and accepts the conditions transcribed below. Ihe Customer may only purchase the Products on the Site at the time of placing the order as described in the relevant information sheets. The pictures on the Site are provided to the Customer to facilitate recognition of the Products; due to variations in packaging by the Seller, the pictures may not accurately reflect the appearance of the delivered Product. The correct receipt of the order is confirmed by Fosca di Giulia Faresin Società Agricola S. S. by an e-mail reply sent to the e-mail address communicated by the Customer. The Seller reserves the right not to confirm an order by notifying the User within 5 (five) business days after placing the order to the e-mail address provided by the User of the possible unavailability of one or more of the Products purchased. In cases of temporary unavailability of one or more Products ascertained after the conclusion of the contract, the Seller will inform the User by e-mail of the unavailable Products, summarizing the details of the order (Products and quantities available) and the consequent update of the amount due. In case of successful payment, Fosca di Giulia Faresin Società Agricola S.S. will refund the price related to the unavailable Products, without being required to pay any further compensation.
Site Registration
The purchase of Products on the Site can be made with or without registration. Registration on the Site is free. To register for the Site, the Customer must fill out the appropriate form by clicking on “my account” by entering first name, last name, an e-mail address, residential and/or home address, and a password and click on “register.” Successful registration to the Site will be confirmed to the user by an appropriate e-mail and confirm it.
Prices and Payment Methods
The prices listed on the Site include VAT, any exceptions will be stated in the special sales conditions. The Customer may purchase the Products on the Site using bank transfer, credit card, paypal or payment on delivery as indicated in the purchase procedure.
Mode of delivery
Fosca di Giulia Faresin Società Agricola S.S. delivers its Products through specialized couriers. Shipping and insurance costs, including VAT, are the responsibility of the Customer and are explicitly highlighted when placing the order. The delivery schedule is to be considered approximate and not binding on the Seller. Depending on the destination area of the goods, deliveries could have a time frame ranging from 3 days to 7 working days, barring mishaps and (in any case no later than thirty days from the date of order). The Customer upon receipt of the goods is required to check the integrity of the goods and notify us in writing by email to info@tenutefosca.com of any damage within 24 h of receipt of the Product(s). In cases where the delay of delivery is due to a situation for which the Seller is not responsible, due to cases of “force majeure,” or strikes, involving the Seller and/or its suppliers, or the carrier, the Seller has the right to delay a delivery or to partially perform the Contract, or, if this partial performance is not possible to terminate the Contract. Unless the delay is due to Seller’s willful misconduct or gross negligence, and in case of termination of the Contract, the refund shall be limited to the price of the Product(s). In cases where the delay in delivery is due to the Customer, the Seller shall have the right to claim reimbursement from the Customer for the expenses incurred due to the delay (e.g. storage costs, etc…) without prejudice to the right to compensation for any further damages incurred.
Right of withdrawal
The Customer has the right to withdraw from the contract in accordance with applicable regulations, upon written notice to be sent by certified e-mail from the Seller foscafaresinsocagr@pec.it. In the communication, the Customer must indicate the Product or Products for which he/she intends to exercise the right of withdrawal. The Seller will, at its own care and expense, arrange for the collection of the Product or Products in the manner and on the terms to be agreed upon in advance with the Customer, unless its own waiver of the collection of the foregoing and the subsequent charging of the costs.
Warranty of compliance
The guarantee of conformity of products sold by the Seller in favor of the Customer is provided under the rules contained in Legislative Decree September 6, 2005 no. 206 (Consumer Code) on guarantees in the sale of consumer goods and in the Civil Code. The Seller provides the official warranty for the duration of 24 months from the date of purchase. The Customer forfeits the right to enforce the above warranty if he/she does not report the conformity defect within the time limit provided by the applicable regulations. The Seller will not be responsible for any damage that may result from misuse or wear and tear. Arrangements: it is the Customer’s responsibility, before returning a nonconforming item, and in order to enforce the warranty, to agree, including by e-mail, with the Seller on how to return and deliver the Product. The Seller agrees to inform the Customer where and how the Product will be shipped. Upon receipt of the Product, the Seller will check it and, if the conformity defect is found, will send the repaired or replacement Product to the Customer. If, as a result of the inspection, the product is found not to have a conformity defect, the Seller will inform the Customer about the costs necessary for its replacement. The Customer will be charged for the costs related to the transportation of Products that do not have conformity defects. In the event of a claim of lack of conformity, the Seller will promptly contact the Customer to inform him/her and, if necessary, propose the replacement of the defective Product with alternative Products of equivalent value and quality.
Hold harmless and limitations of liability
The User agrees to indemnify and hold harmless the Seller (as well as any company controlled or affiliated by the same, its representatives, directors, agents, licensors, partners, employees), from any obligation or liability , including any legal fees incurred in defending itself in court, that may arise from damages caused to other users or third parties, in connection with the content uploaded online , violation of the law or the terms of these terms of service. The User also indemnifies the Owner from any liability arising from the issuance of erroneous tax documents due to errors related to the data provided by the User, as he/she is solely responsible for their correct entry. The Site and all features accessible through it are made available to Users, on the terms and conditions set forth in the Agreement, without any warranty, express or implied, that is not required by law. The Customer shall hold Fosca di Giulia Faresin Società Agricola S.S. harmless from any liability and/or obligation arising from any claim caused by abuse, negligence, misuse, alteration, unusual deterioration or degradation of the Product(s). In particular, no guarantee is given as to the suitability of the services offered for the particular purposes intended by the User.
Privacy
The personal data requested when placing the order are collected by Fosca di Giulia Faresin S.S. and processed on computer media in order to meet the obligations arising from the contract concluded with the Customer and will not under any circumstances and for any reason be transferred to third parties. Fosca di Giulia Faresin Società Agricola S.S. guarantees to its Customers the respect of the regulations on the processing of personal data, governed by the Code on Personal Data Protection (Legislative Decree 30 June 2003 No. 196) adapted to the provisions of EU Regulation 2016/679. The data controller is: FOSCA DI GIULIA FARESIN SOCIETA’ AGRICOLA S.S. Silk Road Street no. 23 36042 Breganze (VI) In the person who has legal representation from time to time, unless a person in charge is appointed pursuant to Art. 28 of GDPR 2016/679. The Customer at any time has the right to revoke consent to the processing of personal data by written notice to be sent to Fosca di Giulia Faresin Società Agricola S.S. at the above address. The Customer in accordance with Article 15 of GDPR 2016/679 has the right to access their data in the manner provided therein. Marketing communications will be sent only with the explicit consent of the Client issued together with the authorization for processing and sending in the online registration form.
Child protection
Fosca di Giulia Faresin Società Agricola S.S. does not sell wine or other Alcoholic Products to persons under 18 years of age. The courier will not deliver wine or other Alcoholic Products to anyone under the age of 18 and may ask for ID to verify age.
Complaints
Any complaints should be addressed in writing to: by registered mail to Fosca di Giulia Faresin Società Agricola S.S. Via Strada della Seta n. 23 36042 Breganze (VI) or via e-mail to: info@tenutefosca.com
Intellectual Property Rights
All trademarks on the Site, whether figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, and logos appearing concerning Fosca di Giulia Faresin Società Agricola S.S. are and remain the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and relevant international treaties.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract all or any of its rights or obligations under the Terms of this agreement provided the User’s rights hereunder are not affected. You may not assign or transfer in any way your rights or obligations under the Terms without the written permission of the Owner.
Ineffectiveness and partial nullity
Should one or more of the covenants contained in these Conditions be invalid, in whole or in part, the remaining covenants shall remain valid.
Jurisdiction and applicable law
The sales contract between the Customer and Fosca di Giulia Faresin Società Agricola S.S. is concluded in Italy and governed by Italian Law. For the solution of civil and criminal disputes arising from this contract (including those relating to its formation, interpretation, execution, validity and legal existence, modification and extinction) the dispute shall be referred to the competent Judicial Authority of the Court of Vicenza without prejudice to the Seller’s right to refer to the Judicial Authority of the place of residence/domicile of the Customer.
