Terms of sale

The offer and sale of products on the website www.torricantine.it in the appropriate section and are governed by the following General Conditions of Sale.

The products purchased on the website in question are sold by Soc.Agr. TORRI CANTINE s.r.l. (also simply Torri Cantine) with registered office in Torano Nuovo (TE), at Via Vibrata 22 – 64010 – tax code and P.I.V.A. IT01934350677 and by Soc.Agr. ROSARUBRA s.r.l. (also simply Rosarubra) with registered office in Pietranico (PE), Via Cesa 60 – 65101 – tax code and VAT number 01991930684

The Soc. Agr. TORRI CANTINE s.r.l. – “SELLER” – will be considered the owner and part of the sales contract that is established with the customer (sale of other people’s goods), but as regards the products of Soc.Agr. Rosarubra s.r.l. and all that pertains to the issuance of the prescribed tax documents, Rosarubra will carry out these operations.

1. CONCLUSION OF THE SALES CONTRACT

1.1 These general conditions of sale are an integral and essential part of the sales contract with the customer. The electronic sending of the order by the customer implies full knowledge of these General Conditions of Sale and their full acceptance. If the customer does not agree with one or more terms contained in these General Conditions of Sale, he is requested to refrain from making purchases on the site shop.torricantine.it (the “Site”).

1.2 To proceed with the purchase of one or more products on the Site, the customer must provide the shipping and billing data to Torri Cantine, in compliance with the applicable provisions on the protection of personal data, all the data necessary to allow this last to execute the orders forwarded. Torri Cantine will be the Data Controller pursuant to EU Regulation 2016/679.

1.3 To conclude his purchase contract with Torri Cantine, the customer must send his order to it by following the procedure referred to on the Site. The electronic sending of the order gives rise to the customer’s obligation to pay the total price therein indicated.

1.4 When the customer places an order, he will receive an e-mail from Torri Cantine which contains the confirmation of receipt of the order and a summary of the same: this e-mail will not, however, constitute automatic acceptance of the order itself.

1.5 The Torri Cantine company reserves the right to refuse orders from customers with whom there is an ongoing dispute relating to the payment of a previous order.

2. SALES PRICES

2.1 All sales prices of the products displayed and indicated on the Site are inclusive of VAT and any other tax that may be applicable in relation to the sale.

2.2 The cost of shipping and transport, if any, is expressly indicated when making purchases and will be clearly indicated and displayed before completing the order. The fee due to the service (at the buyer’s choice) of payment by cash on delivery (euro 5.00#) will also be indicated and displayed before completing the order.

2.3 Product prices may be subject to updates. The customer is required to ascertain the final sale price before submitting the relative order. The obvious material error reported in the price on the Site compared to the commonly known price of the selected product, entails the right for Torri Cantine not to confirm the shipment and proceed with an immediate refund of the purchase value paid by the customer without the latter being able raise exceptions in this regard.

2.4 Torri Cantine reserves the right to give the customer discount coupons on the purchase of products available in the e-shop of variable value (also expressed as a percentage of the total purchase) and specifically indicated by the Seller from time to time in the case of reaching a certain amount relating to the purchase order. These discount vouchers have limited validity of variable duration which ends with the acceptance of the same by Torri Cantine

3. METHOD OF DELIVERY

3.1 Torri Cantine will do its best to fulfill the orders sent within 3 working days and in any case no later than 30 days from the day following the day on which the customer sent the order.

3.2 The customer is required to verify, upon receipt, the conformity of the product delivered to him with the order placed; only after this verification, and obviously subject to the right of withdrawal provided for in point 7 below, will the customer have to sign the goods receipt documents. By filling in the personal data sheet in the registration procedure necessary to activate the execution procedure of this contract and the related further communications, the customer authorizes Torri Cantine to communicate data such as name, surname, residence and/or domicile and telephone number) to couriers and/or trusted shippers used for the delivery of the purchased goods in order to allow the necessary procedures for their delivery. Couriers and shippers are to be held responsible for the processing of personal data pursuant to art. 28 of EU Regulation 2016/679.

4. METHOD OF PAYMENT

4.1 The various payment methods are detailed on the page relating to the same payment methods.

4.2 In case of payment through the system offered by www.stripe.com and the payment procedure indicated therein, it will take place via a protected connection connected directly to the circuit/circuits of the aforementioned online payment service manager, to which Torri Cantine cannot access in any way, having no possibility of knowing such data and the types of treatment that will therefore be carried out on the basis of the privacy policy provided by “Stripe” and which can be consulted here: https://stripe.com/it/privacy. In particular, the financial information (for example, the credit/debit card number or its expiry date) will be forwarded, via encrypted protocol, to the circuit/circuits managed by “Stripe”, which provide the related payment services remotely, without third parties having access to it in any way.
The amount of the order will be charged at the time of the transaction except, of course, the customer’s right to have the amount credited back in any case of default by the Seller or non-performance of the contract for reasons attributable to the Seller.

4.3 The customer is solely responsible for the data entered, therefore he guarantees to use only credit cards of which he has legitimate availability

4.4 If the customer has an active credit card connected to the Paypal account, the system allows you to save an identification code so as not to enter the credentials again in subsequent payments. In this case, the data provided will be collected by Torri Cantrine in encrypted form and transmitted to PayPal which will process, without the involvement of the Seller, the payment and the receipt of the money.

4.5 Payment can also be made by advance bank transfer made out to Società Agricola Torri Cantine Srl. At the time of completing the order, the bank details – IBAN of Società Agricola Torri Cantine Srl will be communicated to the Customer.

4.6 As regards the method of payment by cash on delivery (valid only for orders placed with delivery expected in Italian territory), only and exclusively cash will be accepted upon delivery of the goods with the addition of the price of the service equal to € 5 ,00# for each single order

5. LIABILITY

5.1 Torri Cantine assumes no responsibility for disservices attributable to unforeseeable circumstances and/or force majeure, or in any case not attributable to the Seller, such as, by way of example, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, from executing the contract within the agreed times.

5.2 Torri Cantine will not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above, the customer having the right only to a refund of the price paid.

5.3 The delivery will take place on behalf of Torri Cantine by couriers and/or shippers in the ordinary times necessary for them; however, in the period from 09 March 2020 onwards, delivery times could be subject to delays due to the epidemiological emergency caused by the well-known COVID19 virus: this condition, therefore, justifies any delays that may occur in the delivery of the purchased products without such delays being charged to Torri Cantine.

5.4 Likewise, Torri Cantine is not responsible for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the purchased products. In fact, Torri Cantine, at no time during the purchase procedure, is able to know the customer’s credit card number which, by opening a secure connection, is transmitted directly to the bank service manager.

5.5 The essential characteristics of the products are presented on the Site within each product sheet. However, the images and colors of the products offered for sale may not correspond to the real ones due to the Internet browser and monitor used and in any case are simply illustrative of the product in order to show it for sale.

6. CUSTOMER’S OBLIGATIONS

6.1 It is strictly forbidden for minors to place an order on the Site.

6.2 The data entered during the purchase phase must be exclusively one’s real personal data and not of third parties, or of fantasy. Torri Cantine reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of all consumers.

6.3 The customer indemnifies Torri Cantine from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the customer, being himself solely responsible for the correct insertion.

7. RIGHT OF WITHDRAWAL AND REFUNDS

7.1 Pursuant to Legislative Decree no. 206/05, in case of purchase of products on the Torri Cantine website, the customer has the right to withdraw from the contract within 14 working days from the date of delivery of the goods and without having to provide any reason. The withdrawal period expires after 14 working days from the day on which the customer or a third party – other than the carrier and designated by the customer – acquires physical possession of the goods. To exercise the right of withdrawal, the customer is required to inform Torri Cantine of the decision to withdraw through an explicit declaration sent to the indicated contacts.
This communication must be sent by registered letter with acknowledgment of receipt addressed to: Soc.Agr. Torri Cantine S.r.l. – Pescara office – Via Tiburtina Valeria, n. 318 – 65128, or by e-mail to info@torricantine.it. The purchased good must be intact and returned in the original packaging, complete in all its parts; if the original packaging is damaged, we recommend replacing it or putting everything in another box. The return shipment, until the certificate of receipt in the Torri Cantine warehouse, is under the complete responsibility of the consumer. Torri Cantine is not liable in any way for damage or theft/loss of goods returned by uninsured shipments. The return costs are charged to the customer. Without prejudice to any costs for partially damaged returned products, Torri Cantine will reimburse the consumer, in the shortest possible time and in any case no later than 14 days from the return of the goods, by transferring the amount charged to the credit card or by bank transfer. In the latter case, it will be the customer’s responsibility to promptly provide the bank details on which to obtain the refund (Cod. ABI – CAB – Current account of the invoice holder).

7.2 The right of withdrawal is lost entirely, due to lack of the essential condition of integrity of the goods (packaging and/or its contents), in the cases in Torri Cantine ascertains:

• even partial use of the asset and any ancillary materials;
• the lack of the external packaging and/or the original internal packaging;
• the absence of integral elements of the product (any accessories integrated into the product);
• damage to the product for reasons other than its transport.

In the cases indicated above, Torri Cantine will return the purchased goods to the consumer, charging the same for the costs of further shipment.

7.3 The right of withdrawal pursuant to art. 59 of the consumer code does not apply to goods made to measure or clearly personalized or which, by their nature, risk deteriorating rapidly, are sealed and do not lend themselves to being returned for hygienic reasons or are connected to health protection and have been opened after delivery.

8. PROCEDURE TO FOLLOW FOR THE RETURN

8.1 The return letter or email must contain:

• the invoice number
• the order number
• the indication of the product/s for which you intend to exercise the right of withdrawal
• the article code (if present)
• the bank details (IBAN code) that will be used for the refund.

Later Torri Cantine will send a confirmation e-mail in order to agree on the return methods, which can take place within 14 days of communication.

8.2 The Customer must insert a copy of the delivery document received inside the packing box.
The Customer must visibly apply, on the packaging, the document received from Torri Cantine following the above communication of withdrawal, which already indicates the shipping address and the details relating to the order necessary to identify the return destination. The Customer is advised to insert a copy of this document also inside the packaging, in order to avoid loss or the impossibility of identifying the return once it has arrived in the warehouse. The relative costs of shipping the goods will be charged to the Customer, except in the case in which Torri Cantine has not informed the same in this regard when concluding the contract, in accordance with art. 57 paragraph 1 of the Consumer Code.

9. WARRANTY

9.1 Only quality products are on sale on the Torri Cantine website, the storage, handling and transport methods are such as to preserve the good characteristics of the product. We suggest to the customer to check the integrity of the products upon receipt, in case of problems, immediately contact Torri Cantine via the following email address: info@torricantine.it

10. APPLICABLE LAW AND JURISDICTION

10.1 These contractual conditions and all disputes concerning the order of Torri Cantine products, the execution of the same order, the interpretation and validity of the contract, are subject to Italian law. The parties undertake and undertake to devolve any dispute to the territorial jurisdiction of the place of residence or domicile of the Customer – Consumer, if located in the territory of the Italian State.