Returns

Returns

January 4, 2022 2022-02-17 8:07
Returns and Refunds

The return must be made within one week from the date of receipt of the products only after having contacted the address ecommerce@donnafranca.it and having agreed on the methods. The refund will be made using the same payment method used by the Customer for the order, unless the latter has expressly requested a different method. The refund will be made within 15 working days of Baglio Donna Franca’s acceptance of the refund.

The re-credit to the Customer’s account will take place according to the timing provided by the payment method selected or by the bank.

Terms and Conditions

The following General Conditions of Sale (hereinafter GCS) regulate the offer and sale of products on this website: https://ansaldivini.it hereinafter “Site”, owned by Baglio Donnafranca Soc. Agri. di Galfano Paola Letizia & C. Sas Agriturismo Donna Franca – Ansaldi Farm. The products purchased on this site are produced, offered and sold by: Agriturismo Donna Franca – Azienda Agricola Ansaldi P.I.V.A. 01921340814, with registered office in Contrada Florio 1, 91025 Marsala (Trapani) registered with the C.C.I.A. of Trapani to the Reg. Imp. n.133269 – (hereinafter referred to as “BDF” for brevity).

Any information, support, request and / or complaint can also be sent to the e-mail address info@donnafranca.it and / or by contacting the telephone number +39 0923 967240 directly.

Scope of

1.1 These GCS have as their object the presentation and sale via the telematic network by BDF to the Customer (as defined below in Article 2) of wines, hereinafter Products, present on the Site, in compliance with Italian legislation and in particular, where applicable, of Legislative Decree 206/2005 (“Consumer Code”), with specific reference to the provisions on distance contracts, as well as the legislation on electronic commerce referred to in Legislative Decree no. . 70/2003.

1.2 These GCS apply to all sales made by BDF through the Site on the Italian territory. The GCS are an integral part of the purchase contract for any Product and placing an order implies full acceptance by the Customer. They do not regulate the sale of products and / or the provision of services by parties other than BDF that are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale.

BDF is not responsible for the supply of services and / or for the sale of products by such subjects. On the websites that can be consulted through these links, BDF does not carry out any checks and / or monitoring; therefore BDF is not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.

1.3 These GCS can be modified at any time. Any changes and / or new conditions will be effective from the moment of their publication on the Site. For this reason, users are invited to regularly access the Site and to consult, before making any purchase, the most updated version of the GCS.

BDF invites customers to carefully read these conditions and to print and / or save them on another durable medium accessible to them. The applicable GCS are those in force on the date the purchase order is sent.

1.4 These GCS are an integral and essential part of the purchase contract for any Product and the placing of an order (as per the procedure described below), implies acceptance by the Customer.

Definitions – Purchases on the Site

2.1 Please note that the sale of alcoholic beverages is forbidden to minors under the age of 18, in accordance with the provisions of Law 8 November 2012, n. 189 and subsequent amendments and that, therefore, BDF does not offer and does not sell wine and / or alcoholic beverages to minors under the age of 18.

2.2 Access to the offers on the Site is allowed both to users who are “Consumers”, as defined by art. 3, co. 1, lett. a) of Legislative Decree 206/2005 (“Consumer Code”), meaning natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any commercial, artisanal, entrepreneurial or professional activity carried out , both to users who are not consumers within the meaning of this definition (hereinafter referred to as the Customer (s)). All the protection rules provided for by the Consumer Code apply only to the Customer-consumer who is a natural person.

2.3 Under no circumstances may resellers or wholesalers or, in general, all subjects who intend to purchase the Products for the purpose of subsequent resale, make purchases on the Site. It is therefore forbidden for these subjects to register on the Site and make purchases on it.

2.4 BDF reserves the right to refuse or cancel orders that come (i) from a user with whom it has an ongoing legal dispute; (ii) by a user who has previously violated these General Conditions of Sale and / or the conditions and / or terms of the purchase agreement; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; (iv) by users who have released false, incomplete or in any case inaccurate identification data; (v) from users who do not give sufficient guarantees of solvency.

Registration on the Site

3.1 Registration on the Site is free. To register on the Site, the Customer must complete the registration form, entering the name, surname, an e-mail address.

3.2 the Customer agrees to hold BDF harmless from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the Customer of the rules on registration on the Site or on the conservation of registration credentials.

Product Information
4.1 With this contract, respectively, BDF sells and the Customer purchases remotely, through telematic tools, the products indicated and offered for sale on the Site, illustrated and described in the relative sheets; the image accompanying a product may not be perfectly representative of its characteristics but differ in color, size and accessory products. The Customer is required to adopt methods that allow the best conservation of the products purchased, also taking into account the indications referred to in the individual technical data sheets.

In any case, the products offered for sale must be stored: away from direct light, at temperatures no lower than 5 ° C and no higher than 23 ° C, in a suitable place (without excessive humidity or with mold or odors), as well as in lying down for red wines and upright for white wines.

Stipulation and conclusion of the contract.
5.1 The purchase contract is concluded by completing the following procedure, available only in Italian, which can always be corrected, modified and canceled by the Customer, up to the time the order is sent.

5.2 By accessing the Site, the Customer, after having registered for the purchase (or after having entered the required data in the appropriate form, necessary to be able to make the purchase, must complete and send the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the virtual “Cart” and, after having read these GCS and confirmed their acceptance, must enter the shipping and billing information, select the desired payment method and confirm the order. The order page contains a link to these GCS as well as: – a summary of the information on the main characteristics of each product ordered; – the relative price (including VAT); – the type of payment chosen; – the conditions for the delivery of the products; – the contributions required for delivery and transport.

Before proceeding with sending the order, the Customer will be asked to identify and correct any errors that occurred while filling in the fields.

5.3 By sending the order, the Customer acknowledges and declares to have read all the information provided to him during the purchase procedure and to fully accept these GCS and payment. The contract stipulated between BDF and the Customer must be considered concluded with the acceptance of the order by BDF. This acceptance is communicated to the Customer through an email confirming the order itself containing an indication of all the requirements provided for by the Consumer Code: a reference to these GCS, with the consequent possibility of printing or saving such documentation, using the functions of the your e-mail program, the order number, the shipping and any billing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs, information on the conditions and how to exercise the right of withdrawal, the geographical address of BDF to which complaints can be made. Once the order is received, BDF will check the availability of the Products for the fulfillment of the order.

5.4. The Customer expressly acknowledges that placing the order implies the obligation to pay the price and other amounts due under these GCS. In this regard, the button for sending the order, inserted in a phase subsequent to that of the order summary, will bear the words “Proceed to purchase”.

5.5 The order sent by the Customer will be binding for BDF only if the entire order procedure has been completed regularly and correctly, without any error messages being highlighted by the website.

Terms of payment
6.1 Any payment by the Customer can only be made by means of one of the methods indicated on the Site. Payments are accepted by bank transfer and through the protected “Paypal” system.

6.2 All orders, before being processed, are subjected to authenticity checks directly by the relative credit card issuers, to protect the customer. If, for any reason, it is not possible to debit the amount due, the sale process will be automatically canceled and the sale will be terminated pursuant to art. 1456 of the Italian Civil Code The Customer will be informed by e-mail communication.

6.3 Communications relating to payment and the data communicated by the Customer when this is done take place on special protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits.

Prices
7.1 The sales prices displayed on the Site are to be understood as inclusive of VAT. (unless otherwise specified) and refer only to Products sold online. The price applied will be the one in force at the time of the order and indicated in the order confirmation e-mail, without considering price increases or decreases, even for promotions, which may have occurred subsequently.

7.2 The shipping costs, to be paid by the Customer, are not included in the purchase price but indicated in the order form, before the same proceeds with the transmission of the same.

7.3 The issuance of the invoice is not mandatory, if it is not requested by the Customer no later than the time of carrying out the operation, as indicated in art. 22 of the Presidential Decree of 26/10/1972 n. 633. By sending the order to BDF, the Customer agrees to receive the invoice / receipt in electronic format. The Customer may receive the invoice / receipt in paper format by making an express request to BDF. After the invoice has been issued, it will not be possible to make any changes to the data indicated therein.

Availability of products
8.1 The products offered on the Site are limited in number. The availability of the products refers to the moment in which the Customer consults the product data sheets. This availability must in any case be considered indicative since, due to the simultaneous presence on the site of multiple users, the products could be sold to other customers before the order is sent; or even after sending the order confirmation e-mail, there may be cases of partial or total unavailability of the goods. In any case of unavailability of the ordered Product, the Customer will be promptly informed by BDF by e-mail.

8.2 In the case of orders relating to a plurality of Products (Multiple Order), if the unavailability is partial, i.e. it concerns only some Products subject to the Multiple Order, BDF will immediately notify the Customer by e-mail which, within the following 48 hours, will have the right to reply to confirm the shipment of any available Products or cancel it. If there is no response within this period, the order will be considered confirmed and the available Products will be shipped. In this case, the amount relating to the missing Products will be refunded without undue delay and, in any case, within a maximum of 15 working days from the order being sent. This amount will be credited to the same means of payment used by the Customer for the purchase or by any means agreed between the parties. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used.

8.3 In any case of total unavailability of the ordered Product – that is, if the unavailability concerns all the Products object of the order – BDF will immediately notify the Customer by e-mail.

The amount due by the Customer in relation to the Product (s) that has become unavailable, including shipping costs, if the relative payment has already been made, will be reimbursed to the Customer with the times and methods set out in art. 8.2, last paragraph.

Delivery methods
9.1 BDF will deliver the selected and purchased products properly packaged to the address indicated by the Customer at the time of the order, as indicated in the confirmation email referred to in point 5. We ship outside the Italian territory.

9.2 BDF undertakes to deliver the products as quickly as possible within the times indicated in the order confirmation and, in any case, in the event of failure to indicate a specific delivery term, within 30 days from the date of conclusion of the contract pursuant to art. . 61 of the Consumer Code. The total amount of expenses will be visible in the order summary, before proceeding with the purchase confirmation.

9.3 The shipped goods will be checked and delivered to the forwarder intact and without defects.

Pursuant to art. 1510 cod. civ. if the thing sold must be transported from one place to another, BDF frees itself from the obligation of delivery by handing the thing over to the carrier or forwarder.

The corresponding delivery documentation to the courier will make full proof between BDF and the customer.

The delivery obligation is fulfilled by transferring the material availability or in any case the control of the Products to the Customer. It is up to the Customer to check the conditions of the Product that has been delivered to him / that he has withdrawn.

Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to BDF, is transferred to the Customer when the latter, or a third party designated by the same and different from the carrier, materially comes into possession of the Product, it is recommended that the Customer verify the number of Products received and that the packaging is intact (not damaged, nor wet or otherwise altered, even in the closing materials) and you are invited, in your interest, to indicate any anomalies on the carrier’s transport document, possibly accepting the package with RESERVE (e.g. damaged package, wet package, non-original BDF branded tape).

9.4 The unreserved receipt of the Products does not allow the Customer to proceed against the courier and / or BDF in the event of loss or damage to the Products, except in the event that the loss or damage is due to willful misconduct or gross negligence of the courier itself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known.

In the event that the package shows evident signs of tampering or alteration, the Customer is also recommended to promptly notify BDF info@donnafranca.it. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid.

9.6 The provisions of art. 61 of the Consumer Code in the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation.

Responsibility
10.1 BDF assumes no responsibility for disruptions attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disruptions of the Internet network, in the event that it fails to execute the order within the time stipulated in the contract.

10.2 BDF cannot be held responsible for the information, data and any technical or other inaccuracies that may be contained on the site, if they have been communicated by third parties and have been verified by BDF according to the criteria of ordinary diligence.

10.3 BDF assumes no responsibility 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, if it proves that it has adopted all the possible precautions based on the best science and experience of the moment and based on ordinary diligence.

Compliance Guarantee and Customer Service
11.1 BDF markets high quality products. The Products sold on the Site are covered by the legal guarantee of conformity of the Products provided for in Article 128 et seq. of the Consumer Code. BDF is liable to the Customer-Consumer for any lack of conformity existing at the time of delivery of the Products and which occurs within 2 (two) months of such delivery.

11.2 In order to take advantage of the legal guarantee referred to in this article, the Customer-Consumer is required to provide proof of the date of purchase and delivery of the Product (s). the Customer-Consumer is therefore invited to keep the Order Confirmation, the purchase invoice and / or the transport document.

11.3 There is a lack of conformity when the purchased Product (s): i) is / are not suitable for the use for which goods of the same type are normally used; ii) does not conform to the description given by the supplier and / or seller and does not possess the qualities of the goods that the supplier and / or seller has presented to the consumer as a sample or model; iii) does not present / present the usual qualities and performances of a good of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or labeling.

11.4 In the event of a lack of conformity duly reported within the terms, the Customer-Consumer has the right:

11.4.1 primarily, to the repair or free replacement of the Product / s, at his choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other;

11.4.2 on a secondary basis (i.e. in the event that the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within reasonable terms or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the Price or to the termination of the contract, at his choice.

11.5 Pursuant to and for the purposes of the previous article 12.4, the Customer -Consumer acknowledges that the requested remedy is excessively burdensome if it imposes unreasonable expenses on BDF compared to the alternative remedies that can be carried out, taking into account (i) the value that the / the Product / s would / would have if there was no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be carried out without significant inconvenience for the Customer-Consumer.

11.6 In order to exercise the rights provided for in this article, the Customer-Consumer is invited to contact BDF without undue delay and to follow the procedure that will be indicated by BDF in subsequent communications. The Product (s) object of the Customer’s claims must / must be sent to BDF, which will verify the existence or otherwise of the claimed defect.

In the event of complaints relating to the taste of wine, with particular reference to the “scent of cork” in the case of using corks, the Customer must send the cork to BDF in a sealed envelope within 3 days after having communicated the defects by e-mail at info@donnafranca.it.

 

Obligations of the customer
12.1 The Customer undertakes to pay the price of the purchased goods within the times and methods indicated in these GCS.

12.2 The Customer undertakes, once the online purchase procedure has been completed, to print and / or keep these GCS, which will have already been expressly accepted before the conclusion of the procedure.

12.3 The Customer is solely responsible for the correctness of the data entered in the registration procedure and undertakes not to enter false, and / or invented, and / or fictional data. The Customer relieves BDF of any liability arising from the issue of incorrect tax documents due to inaccurate data provided by the same.

Applicable law. Choice of the Forum. Out-of-court dispute resolution procedures
13.1 The sales contract between the Customer and BDF is concluded in Italy and governed by Italian law.

13.2 For any and all disputes that may arise in relation to the application, interpretation and execution of these GCS, or of individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his or her will have exclusive jurisdiction. municipality of residence or domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Marsala, any other competent court excluded.

13.3 BDF also informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved.

Ownership of website content
Illustrations, distinctive signs, images and any other element contained on the website are the exclusive property of BDF. Therefore, the reproduction, publication, transmission, modification or distribution by any means of the elements that make up this website (including software) are expressly prohibited.

15. Treatment of personal data

CCB undertakes to manage and process all the operations covered by the contract in compliance with current legislation on the processing of personal data as per separate information.

Integrality
These General Conditions of Sale are made up of all the clauses that compose them.

If one or more provisions of these General Conditions of Sale are considered invalid or declared as such pursuant to the law or following a decision by a body having jurisdiction, the other provisions will continue to have full force and effect.

Payments

Any payment by the Customer can only be made by means of one of the methods indicated on the Site. Payments are accepted by bank transfer and through the protected “Paypal” system.

All orders, before being processed, are subjected to authenticity checks directly by the relative credit card issuers, to protect the customer. If, for any reason, it is not possible to debit the amount due, the sale process will be automatically canceled and the sale will be terminated pursuant to art. 1456 of the Italian Civil Code The Customer will be informed by e-mail communication.

The communications relating to the payment and the data communicated by the Customer when this is done take place on special protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits.

Shipping

The sales prices displayed on the Site are to be understood as inclusive of VAT. (unless otherwise specified) and refer only to Products sold online. The price applied will be the one in force at the time of the order and indicated in the order confirmation e-mail, without considering price increases or decreases, even for promotions, which may have occurred subsequently.

The shipping costs, charged to the customer, are not included in the purchase price but indicated in the order form, before the same proceeds with the transmission of the same.

The issuance of the invoice is not mandatory, if it is not requested by the Customer no later than the time of carrying out the operation, as indicated in art. 22 of the Presidential Decree of 26/10/1972 n. 633. By sending the order to BDF, the Customer agrees to receive the invoice / receipt in electronic format. The Customer may receive the invoice / receipt in paper format by making an express request to BDF. After the invoice has been issued, it will not be possible to make any changes to the data indicated therein.

BDF will deliver the selected and purchased products properly packaged to the address indicated by the Customer at the time of the order, as indicated in the confirmation e-mail referred to in point 5. We ship outside the Italian territory.

BDF undertakes to deliver the products as quickly as possible within the times indicated in the order confirmation and, in any case, in the event of failure to indicate a specific delivery deadline, within 30 days from the date of conclusion of the contract pursuant to art. 61 of the Consumer Code. The total amount of expenses will be visible in the order summary, before proceeding with the purchase confirmation.

The shipped goods will be checked and delivered to the forwarder intact and without defects.

Pursuant to art. 1510 cod. civ. if the thing sold must be transported from one place to another, BDF frees itself from the obligation of delivery by handing the thing over to the carrier or forwarder.

The corresponding delivery documentation to the courier will make full proof between BDF and the customer.

The delivery obligation is fulfilled by transferring the material availability or in any case the control of the Products to the Customer. It is up to the Customer to check the conditions of the Product that has been delivered to him / that he has withdrawn.

Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to BDF, is transferred to the Customer when the latter, or a third party designated by the same and different from the carrier, materially comes into possession of the Product, it is recommended that the Customer verify the number of Products received and that the packaging is intact (not damaged, nor wet or otherwise altered, even in the closing materials) and you are invited, in your interest, to indicate any anomalies on the carrier’s transport document, possibly accepting the package with RESERVE (e.g. damaged package, wet package, non-original BDF branded tape).

The unreserved receipt of the Products does not allow the Customer to proceed against the courier and / or BDF in the event of loss or damage to the Products, except in the event that the loss or damage is due to willful misconduct or gross negligence of the courier. and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known.

In the event that the package shows evident signs of tampering or alteration, the Customer is also recommended to promptly notify BDF info@donnafranca.it. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid.

The provisions of art. 61 of the Consumer Code in the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation.

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