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General Conditions of Sale

General Conditions of Sale

ONLINE shopping on the site www.cantinaongaresca.it/en/products/ of ONGARESCA SOCIETA’ AGRICOLA srl are governed by these general conditions of sale.

ONGARESCA SOCIETA’ AGRICOLA is located at – 36030 Costabissara (Vicenza) via Monte Cimone, 10 VAT number: IT02700730241

Our contacts are:

Phone: +39 366 2837155

Email: cantina@ongaresca.com

PEC: ongaresca@legalmail.it

The e-commerce of ONGARESCA SOCIETA’ AGRICOLA srl is aimed at buyers who are over 18 (eighteen) years old.

Purchaser, means any natural person who operates on the site www.cantinaongaresca.it/en/products/, with purposes not related to his professional, commercial or entrepreneurial activity, possibly carried out.

ORDERS
The sales contracts for the products on the website www.cantinaongaresca.it/en/products/ are considered concluded when the purchase order made by the customer reaches Cantina Ongaresca and is accepted by sending an order confirmation email.

By sending confirmation of your purchase order, you unconditionally accept and undertake to comply with these general conditions of sale, declaring that you have read and accepted all the information contained.

HOW TO ORDER

To make a purchase, you must first register with the appropriate form and fill in all the mandatory fields.

We remind you that only adults are allowed to place orders.

By filling in the registration form, you explicitly accept these general conditions, committing to observe them.

Once the registration has been completed, you enter the Shop-OnLine and proceed with the selection of the products and their loading in the personal cart.

Once you have selected all the fields, you can add the selection to the cart.

The order is intended to be sent to the seller after the buyer has: a) correctly completed all the mandatory fields on the online order form; b) clicked the button in charge of sending the order. Any errors in entering data can be corrected, before clicking the “complete and pay” button, changing the content of the filled in fields, or after clicking the “complete and pay” button, returning to the order.

The prices of the products offered are all VAT included.

The sale is made ex-warehouse of Cantina Ongaresca Società Agricola srl.

Orders are taken over upon receipt of payment for the order.

The payment is managed exclusively through the STRIPE payment platform (stripe.com), to which you will be directed and which will also indicate the shipping costs.

The pages intended to manage the transaction are protected to allow maximum protection of your data; once on the STRIPE platform you can consult the policies of the same, which operates with the maximum security parameters for the protection of your data and the payment methods you have chosen.

All financial information such as credit card number and expiration date are, therefore, encrypted and will in no way be known to Cantina Ongaresca, which does not retain in any way the payment data or their traceability.

Currently the products of Cantina Ongaresca are sold in Europe and the United States, therefore the shipping address must be in Europe or the United States.

 

SHIPMENT

The shipment is made through the forwarder Way To Go, which you directly assign at the time of the order, in the times and ways provided by the General Conditions of Sale of the same (http://www.statiunitisubito.com).

Once the shipment has been delivered to the courier, you will receive an email confirming the shipment and how to track it.

All the shipping procedure entrusted to the courier is handled by Way To Go.

We advise you to choose a delivery address where couriers will surely find someone to carry out the same.
Upon receipt of the goods, before collecting it, check that:

  • The packaging is intact, dry and has not been tampered with
  • the number and identity of the packages corresponds to the data shown in the accompanying document.

Once any damages or the mismatch of the indications in the accompanying document have been found, immediately contest the delivery to the courier and report everything by sending an email to cantina@ongaresca.com.

 

RIGHT OF WITHDRAWAL

According to the discipline of Legislative Decree 206/05 (“Consumer Code”), you have the right to withdraw from the contract of purchase of the products, without any penalty and without specifying the reason, within 14 (fourteen) days from the date of receipt of the goods by you or by a third party – other than the carrier in charge of delivery – specifically designated by you during the purchase process of the products being supplied.

To exercise the right of withdrawal, you must notify Cantina Ongaresca of your decision to withdraw from the contract by sending a written declaration containing the order number as reported in the confirmation email and the date of the order, in addition to the copy of the issued receipt, which products must be subject to withdrawal, as well as the bank details on which to obtain the transfer (IBAN). This communication can be sent via certified email or registered letter to the following addresses:

  • PEC: ongaresca@legalmail.it
  • ONGARESCA SOCIETA’ AGRICOLA, 36030 Costabissara (Vicenza) via Monte Cimone, 10 – ITALY

You can also use the withdrawal form available here.

The right of withdrawal can only be exercised by those who purchase the products of Cantina Ongaresca for purposes unrelated to their business and professional activity, and who, therefore, can be qualified as Consumers according to the provisions of the Consumer Code.

The integrity of the products to be returned constitutes a necessary condition for exercising the right of withdrawal. Therefore the purchased bottles must not have been opened, damaged and \ or altered. The buyer is responsible for the decrease in the value of the purchased goods resulting from a manipulation of the purchased products other than that strictly necessary to establish the nature and external characteristics of the Product.

The right of withdrawal is excluded in the event that the sale relates to products made to measure or personalized or which by their nature cannot be returned or are liable to deteriorate or alter rapidly.

You can return the goods subject to withdrawal by delivering it to the courier for shipment within 14 (fourteen) working days from when you received the products.

The only costs that will have to be incurred are those for returning the purchased products, in accordance with art. 67, paragraph 3 of the Consumer Code.

The Right of Withdrawal, in addition to compliance with the terms and methods described in the previous points, is understood to be exercised correctly if the following Conditions are fully respected:

  • the products purchased must be returned intact;
  • the products must be returned in their original packaging or in a package equally suitable for transport;
  • in the case of packaging, it is necessary to return all the bottles that make it up
  • returned products must be sent in one shipment. Cantina Ongaresca reserves the right not to accept bottles or products of the same order, returned and shipped at different times;
  • the costs of returning the products will be borne by the buyer, including liability in case of loss or damage to the products.

We recommend maximum care in the preparation of the package.

The products arrived in the warehouse will be examined to assess any damage or tampering (the substantial integrity of the returned goods is an essential condition for exercising the right of withdrawal).

If the Right of Withdrawal is exercised following the methods and terms indicated Cantina Ongaresca will refund the amounts paid by you, including delivery costs, within 14 (fourteen) days from the date on which Cantina Ongaresca is returned to the availability of the goods returned, in order to evaluate the integrity of the same.

Legal guarantee

The legal guarantee of conformity is foreseen by the Consumer Code (articles 128 et ss.) and protects the consumer in case of purchase of defective or non-compliant products.

Defective – non-compliant product means:

  • product not corresponding to the one purchased;

The quality of the product that is detected by the Consumer on the basis of subjective criteria and / or in any case on the basis of assessments on the characteristics of the Product that are not objectively measurable cannot be considered vices or defects.

The guarantee cannot be invoked on the basis of your subjective evaluation of the quality / quality of the wine or on other aspects of purely subjective evaluation.

You can assert your rights regarding the legal guarantee of conformity by contacting Cantina Ongaresca directly if the delivered product has a defect of conformity as identified above.

You have the right to replace the goods by Cantina Ongaresca with the same product or product of the same quality, without charge.

If no product is currently available, you are still entitled to a reduction in the price or to have a sum back, commensurate with the value of the goods, in return for returning the defective product to the seller.

The warranty lasts 24 months from the delivery of the goods and the lack of conformity must be communicated to Cantina Ongaresca within 2 months of discovery. To exercise the warranty right, you must send a communication via PEC or registered letter with return receipt to the following addresses:

  • PEC: ongaresca@legalmail.it
  • ONGARESCA SOCIETA’ AGRICOLA, 36030 Costabissara (Vicenza) via Monte Cimone, 10 – ITALY

indicating the order number as required in the confirmation e-mail and the date of the order, in addition to the copy of the issued receipt and the accurate description of the defect.

We therefore advise you to always keep the order confirmation e-mail and a copy of the tax receipt as proof of purchase.

Cantina Ongaresca will promptly reply to the notification of the alleged lack of conformity and will be indicated the specific procedure to be followed for the return of the products.

Cantina Ongaresca will take delivery of the defective product to verify whether or not what is reported depends on a defect of conformity as identified above.

Once the conformity defect is found, the goods will be replaced if available within a reasonable time from the request and without charge of expenses, or the price will be returned if the same or similar product with the same qualities was not promptly available.

Privacy

All information relating to the processing of your personal data can be obtained by consulting the Privacy Policy which we invite you to read carefully.

Applicable law and dispute resolution

The General Conditions of Sale of Cantina Ongaresca are governed by Italian law and in particular by the legislative decree 6 September 2005 n. 206 – consumer code – and by the legislative decree 9 April 2003 n. 70 on some aspects concerning electronic commerce.

You have the right to propose any complaint by taking advantage of the online dispute resolution system (ODR) provided for by EU regulation 524/2013, through the platform created by the European Commission at the web address http://ec.europa.eu/odr.

The platform is intended to resolve disputes that occur during an online sale where “consumers” can lodge a complaint, which will be managed by ADR entities that will act as arbitrators between the parties to resolve the problem.

The list of ADRs, or the “dispute resolution bodies”, divided by member states, can be consulted in a specific form present within the platform itself, where it will be possible for you to choose the one that best suits your needs.

The appeal is optional and alternative to the ordinary judicial procedure.

In any case, the jurisdiction to resolve all disputes arising from the contract is that of residence or domicile of the consumer pursuant to art. 66 bis c. cons.

Ongaresca Società Agricola Srl © 2020

P.IVA: IT 02700730241

General Conditions of Sale | Right of Withdrawal

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