General conditions of Sale
Art. 1 – General provisions
1. The user navigating in this area accesses Enoteca del Frate, accessible via the url: www.enotecadelfrate.it/negozio (from now on referred to as “Del Frate srl”). Browsing and transmitting a purchase order on the site implies acceptance of the Conditions and Data Protection Policies adopted by the site indicated therein.
2. These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree 70/03) by:
Company Del Frate Srl
Headquarters: Via degli Scipioni 122 – 00196 Rome
VAT number: 01377001001
Registered in the REA, number 486513
3. The user is required, before accessing the products provided by the site, to read these General Conditions of Sale which are generally and unequivocally accepted at the time of purchase.
4. The sale of wine and alcoholic products is forbidden to minors.
According to the law of 08 November 2012 which transposed the decree law 13 September 2012 No. 158, the sale of alcoholic products is prohibited to minors, therefore the user declares to be of age according to the legislation applicable to the latter. The user also declares that whoever receives the alcoholic product will be of age according to the legislation applicable to the latter.
5. The user is invited to download and print a copy of the purchase form and these General Conditions of Sale, the terms of which Del Frate srl reserves the right to modify unilaterally and without notice.
Art. 2 – Object
1. These General Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for products on enotecadelfrate.it and do not, however, govern the provision of services or the sale of products by subjects other than the seller who are present on the same site through links, banners or other hypertext links.
2. Before placing orders and purchasing products and services from different subjects, we suggest that you check their conditions of sale.
Art. 3 – Conclusion of the contract
1. To conclude the purchase contract, it will be necessary to fill in the form in electronic format and send it following the relative instructions.
2. It contains the reference to the General Conditions of Sale, the images of each product and its price, methods of payment that can be used, the methods of delivery of the products purchased and the relative shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal; methods and times for returning the purchased products.
3. Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale including the information on the right of withdrawal and the processing of personal data.
4. The contract is concluded when the seller receives the form completed by the user, after verifying the correctness of the data contained therein.
5. The buyer will be obliged to pay the price from the moment the online order forwarding procedure is completed. This will be done by clicking on the “Complete Order” button at the end of the wizard.
6. Once the contract is concluded, the seller takes charge of the order for its evasion.
Art. 4 – Registered users
1. In completing the registration procedures, the user undertakes to follow the instructions on the site and to provide their personal data correctly and truthfully.
2. Once registered, the user will receive a confirmation email in the email provided by him. Confirmation must be communicated within 72 hours at the latest. After this period, in the absence of confirmation, Del Frate srl will be released from any commitment to the user.
3. The confirmation will in any case exempt Del Frate srl from any responsibility for the data provided by the user. The user undertakes to promptly inform Del Frate srl of any changes to their data at any time communicated.
4. If the user then communicates inaccurate or incomplete data or even in the event that there is a dispute by the interested parties about the payments made, Del Frate srl will have the right not to activate or suspend the service until the related shortcomings.
5. On the occasion of the first request for activation of a profile by the user, Del Frate srl will assign the same username and password. The latter acknowledges that these identifiers constitute the system for validating the user’s access to the Services and the only system suitable for identifying the user that the acts performed through such access will be attributed to him and will have binding effect on him.
6. The user undertakes to maintain the secrecy of his access data and to keep them with due care and diligence and not to transfer them, even temporarily, to third parties.
Art. 5 – Availability of products
1. Product availability refers to actual availability at the time the buyer places the order. However, this availability must be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other customers before the order is confirmed.
2. Even after sending the order confirmation e-mail, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically rectified with the elimination of the unavailable product and the buyer will be immediately informed by e-mail.
3. If the buyer requests the cancellation of the order by terminating the contract, Del Frate srl will refund the amount paid within 30 days from the moment in which Del Frate srl became aware of the buyer’s decision to terminate the contract. .
Art. 6 – Products offered
1. Del Frate srl markets:
Wines, Liqueurs, Spirits, Groceries
2. The offer is detailed on our website at the link: https://www.enotecadelfrate.it/negozio/ and is intended for the Italian territory only. Any forcing of the system to change the city, province or country will cancel the order which will be refunded by deducting the procedural costs due to the unauthorized use of the online shop.
3. All product images are purely for indicative and illustrative purposes and do not constitute documents with contractual value and prerequisite. The products can be modified by the manufacturers at any time.
Art. 7 – Methods of payment and prices
1. The price of the products will be the indicated from time to time on the site, except where there is an obvious error.
2. In the event of an error, Del Frate srl will notify the buyer as soon as possible, allowing confirmation of the order at the right amount or cancellation. In any case, Del Frate srl will not be obliged to supply what is sold at the lower price incorrectly indicated.
3. The prices of the site include VAT and do not include shipping costs. Prices are subject to change at any time. The changes do not affect orders for which order confirmation has already been sent.
4. Once the desired products have been selected, they will be added to the cart. Simply follow the purchase instructions, entering or verifying the information requested in each step of the process. Order details can be changed before payment.
5. Payment can be made by:
Credit cards
Paypal
ApplePay
GooglePay
Art. 8 – Delivery
1. Del Frate srl carries out shipments within the Italian territory only.
2. Del Frate srl will only make deliveries to the user’s home, provided at the time of purchase.
3. Delivery is generally made within 15 working days, or, if no delivery date is specified, within the estimated deadline when selecting the delivery method and, in any case, within a maximum period of thirty days from the date of confirmation.
4. If delivery is not possible, the order will be sent to the warehouse. In this case, a notice will specify the place where the order is located and how to agree on a new delivery.
5. If you are not able to be present at the place of delivery at the agreed time, we ask you to contact us again to agree on a new delivery date.
6. If the delivery cannot take place for reasons not attributable to us after thirty days from the date on which the order is available for delivery, we will assume that we intend to terminate the contract.
7. As a result of the termination, the amounts will be returned, including delivery costs with the exclusion of any additional costs deriving from the choice of a delivery method other than the ordinary method offered without undue delay and, in any case, within 30 days from date of termination of the contract. The transport resulting from the termination of the contract may have additional costs that will be borne by the buyer.
8. Shipping costs are charged to the buyer and are explicitly highlighted at the time the order is placed.
9. According to the law of 08 November 2012 which transposed the decree law 13 September 2012 n ° 158 the sale of alcoholic products is forbidden to minors, therefore upon delivery the courier will ascertain the age of majority of the buyer or of the person who will carry out the withdrawal.
Art. 9 – Passing of risk
1. The risks relating to the products will be borne by the buyer from the time of delivery. The ownership of the products is considered acquired as soon as the complete payment of all amounts due in relation to the same, including shipping costs, is received, or at the time of delivery, if this occurs at a later time.
Art. 10 – Permitted and prohibited use of this website
1. Del Frate srl grants the User a limited authorization for access to this website and its contents and for the personal and non-commercial use of the same as a support and communication resource for the sole purposes as defined on this website, as long as you respect the copyright and protective rights notes (where they exist) referring to the contents of the website.
2. Any other use of the website is prohibited, including use for purposes other than those mentioned above, as well as modifications, distribution, transmission and downloading of the website (with the exception of page-caching), republication or reverse engineering, without the prior written consent of Del Frate srl (unless such a prohibition is excluded by applicable laws). The authorization to use the website, among other things, does not include the authorization for the resale, commercial use or distribution of the contents of the website, the collection and use of any description and price of products, support and service listing, as well as the derivative use of this website or its content (including framing), the downloading or duplication of customer information for the benefit of other businesses, any use of data mining, robots or similar tools for the collection and the extraction of data, any use of the contents of the website in another website, server or computer environment connected to the network, or a use of the content of the website that suggests a connection with products, support or services of Del Frate srl or affiliated with Del Frate srl unless explicitly agreed in writing between the parties.
3. The User is not permitted to use this website or its services that infringes the sense of these Conditions or any applicable law or regulation or a use that causes or may cause damage, interruption or limitation of this website or of its services. The User is prohibited from trying to access without authorization any part of this website or the accounts of other users or networks or computer systems connected to this website and this in any form, hacking, password mining or otherwise. The User is not allowed to collect or try to collect personal information about third parties through this website.
Art. 11 – Copyright on the contents of this website
1. All contents present or made available on the Site in the form, among others, of texts, images, graphics, sounds, animations, buttons, icons and videos, including their arrangement, are the property of Del Frate srl and/or of companies of the Del Frate srl group and/or of its suppliers and licensors and are protected under the applicable laws on copyright, database right and other intellectual property rights.
2. The User does not acquire any ownership rights over email addresses, URLs or other personal identifiers assigned to him or chosen by him for the purpose of accessing the services available on this website. The limited rights of the User regarding the use of these addresses/identifiers remain valid only as long as your registration/profile for access to this website or the respective services remains valid. At the end of the period of validity by Del Frate srl, regardless of the reason, Del Frate srl will be free at its discretion to use or assign such an address/identification to another user.
3. Unless otherwise specified, all trademarks, distinctive signs, graphic elements and logos on the Site are the property of Del Frate srl and/or the companies of its group and/or their suppliers and/or licensors and are protected under applicable law.
4. It is not allowed to copy, modify, translate, decode, disassemble or make any other form of use without the express written consent of Del Frate srl.
Art. 12 – No guarantee – site content and services
1. All the contents and services of the website are made available “as they are” and “as available”, Del Frate srl also excludes – to the widest extent permitted by the laws in force – any guarantee and insurance of any kind ( “Guarantees”) of an explicit type or understood as implicitly agreed on the contents and services of the website, including conclusive guarantees of marketability, satisfactory quality, aptitude for a specific purpose and non-injury to the intellectual property rights of third parties.
2. Del Frate srl is not responsible for the traffic costs that the user will incur as a result of using the Site. Before using them, he is required to check the applicable rates by the network operator. Viewing the video content transmitted by Del Frate srl, where present, can significantly increase the amount of information transmitted via the mobile device and may result in the application of a tariff surcharge. The User is requested to contact their network operator for more information.
3. Del Frate srl, its suppliers and licensors, including group companies, will not be responsible for delays in accessing the Site and its functions that are due to malfunctions of the Internet network, unforeseeable circumstances, force majeure. or in any case events beyond their control.
4. In relation to the processing of the User’s personal data, please refer to the privacy policy on the processing of personal data on the Site, available at the following link https://www.enotecadelfrate.it/privacy-cookie-policy/
Art. 13 – Exclusion of liability with regard to the contents of the website
1. Del Frate srl, the companies associated with Del Frate srl and the remaining persons participating in the development, production, hosting or supply of website content are not liable for direct, indirect, concrete, temporary, consequential damages or which include compensation, including but not limited to those for loss of data, lost profit, business interruption or resulting loss of time or for damages of any kind (including damage caused by negligence or other infraction) caused by the use of contents of the website or the inability to use the same.
Art. 14 – Changes to the website and these conditions
1. Del Frate srl and/or third party providers may undertake at any time, with or without prior announcement, changes or improvements to the products, support, services, prices and/or other contents of the website (including these Conditions).
2. Del Frate srl can inform about changes to these Conditions (or to other contents of the website) by posting on this website or other methods of communication. Users who access this website after the changes have been published on it or otherwise communicated, are linked to these starting from the publication of the changes or new conditions on the website or otherwise communicated, i.e. even in the case that the User has not viewed the page on which the changes or new conditions were published. It is therefore advisable to regularly check the website and these Conditions.
Revision 01/07/2020