General Terms and Conditions of Sale
1. Area of application, definitions and premises.
1.1 By accepting the general terms and conditions of sale, the customer who is a natural person who is a consumer or other than a consumer (hereinafter: 'Customer') enters into a contract by means of distance communication techniques (hereinafter: 'Contract'), such as sale by means of an Internet site called www.castellare.it (hereinafter: 'Site').
1.2 The Contract shall be governed by the terms and conditions set forth below and, to the extent not expressly provided for, by the provisions of the Civil Code and, where applicable, of Legislative Decree 206/2005 (hereinafter: "Consumer Code").
1.3 Expressions appearing in capitals in the text of the Contract shall have only the meaning, from time to time, specified therein.
1.4 Pursuant to and for the purposes of Article 49 of the Consumer Code, the Customer when he/she is a consumer (hereinafter: "Consumer") declares that he/she has received and read, prior to the conclusion of the Contract, the pre-contractual information indicating the main characteristics of the products offered. The Customer is a consumer when he/she is a natural person acting for purposes unrelated to his/her professional activity.
2. Subject matter of the contract
2.1 The Contract is entered into between DCC Domini Castellare di Castellina S.r.l. (hereinafter: "DCC") with registered office in Chianti (Siena) 53001, Strada Provinciale di Castagnoli 14, 15 and the Customer.
2.2 The subject matter of the Contract is the sale of wine, oil and vinegar products (hereinafter: "Goods" or "Goods").
2.3 DCC therefore undertakes to provide to the Customer, against payment of the price, the sale of Goods and any other activity and/or service relating to sales and after-sales assistance (hereinafter: "Service" or "Services"). DCC provides the Service for itself and operates the website www.castellare.it, which it owns.
DCC shall be the exclusive provider of the Service offered on the Site for the entire duration of the contractual relationship. The Site shall offer descriptions of Goods produced and/or marketed also by third parties, such as, by way of example, Feudi del Pisciotto and Rocca di Frassinello.
2.4 The description of the Goods produced and/or marketed is set out in an information sheet (hereinafter: "Information Sheet") available on the Site, in the Wines section. The Customer is therefore entitled to view the specific characteristics of the Good(s) at any time while browsing the Site.
2.5 The general terms and conditions of sale (hereinafter: "General Terms and Conditions") and in particular the information referred to in Article 49 of the Consumer Code shall be displayed visibly on the Site and shall be valid and effective until amended and/or supplemented and/or updated by DCC.
2.6 Any amendments and/or additions and/or updates to the General Conditions shall be effective immediately and shall apply to sales made from that date. In any case, the updated version of the General Conditions will be available on the Site.
2.7 The General Terms and Conditions exclusively regulate the offer, acceptance, transmission, right of withdrawal and the terms on which the Goods are presented to the Customer prior to the conclusion of the Contract.
3. Addressees of the Contract
3.1 The Contract is addressed to natural persons over the age of 18 years, residing in Italy, the Republic of San Marino, the Vatican State and the Canton of Ticino, who are acting for purposes outside their professional and/or entrepreneurial activity, if any, or to a natural person other than a consumer.
3.2 At the time of conclusion of the Contract, the Customer guarantees that he or she is over the age of 18 or that the person appointed by him or her to collect the Goods is over the age of 18. The Customer shall, prior to the conclusion of the Contract, also indicate the required personal data and, upon conclusion of the Contract, the address to which the Good shall be delivered.
3.3 In the event the courier has doubts as to the actual age of the addressee, the courier may expressly request to show proof of identity. If the recipient of the Goods is unable to prove his or her age, the Goods shall be retained by the courier. Any subsequent delivery shall be subject to the same General Terms and Conditions as well as to additional shipping costs.
The Customer undertakes to notify DCC of any changes and/or updates to the personal data provided to the Supplier at the time of conclusion of the Contract.
4. Purchasing and enquiries
4.1 To request information on the purchase of one or more Goods, to purchase one or more Goods, to express opinions on the Services offered or to make a complaint (hereinafter: "Request"), the Customer is required to send a message to the following email address firstname.lastname@example.org. To request a visit to the farm, the Customer is required to send a message to the email address of the chosen farm by visiting the site under the Welcome section.
4.2 DCC shall be obliged to inform the Customer of any restrictions on delivery and the means of payment accepted.
4.3 The Customer acknowledges that each purchase order (hereinafter: "Order") sent in the manner indicated in paragraph 4.1 constitutes an offer for the purchase of the Goods. DCC reserves the right to assess acceptance of the Order at its discretion.
4.4 DCC shall confirm receipt of the Order by sending an e-mail to the e-mail address provided by the Customer. The confirmation message issued by DCC shall contain the date and time of receipt of the Order and, in the event of acceptance, the Order number, which may be used for any further communication with DCC (hereinafter: "Confirmation Email"). The Confirmation Email constitutes the contractual proposal.
4.5 The Order Confirmation Email shall contain all the personal data of the Customer, who undertakes to verify their correctness/completeness and to promptly communicate any corrections. In the same email, DCC undertakes to communicate to the Customer information relating to the identity of the professional, the essential characteristics of the Goods purchased, a detailed indication of the price, the means of payment used, the delivery costs and any additional costs, an indication of the customer service contacts, which the Customer may contact to request assistance and/or make complaints.
The Contract shall be deemed to be concluded when DCC learns of the Customer's acceptance of the proposal and then receives an e-mail confirmation of payment (hereinafter: "Payment Confirmation").
4.6 In the event of non-acceptance of the Order, DCC undertakes to inform the Customer, by sending an e-mail to its e-mail address, of the reason for the refusal and/or the cause that makes performance difficult or impossible.
5. Methods of payment
5.1 The Customer may purchase products on the www.castellare.it website by choosing between the different forms of payment indicated in the final act of purchase or in the purchase confirmation. Any additional costs pertaining to a specific payment method will be explicitly highlighted during the purchase procedure itself.
5.2 Payment can be made by credit card enabled to Visa, MasterCard, American Express and / or PayPal account, prepaid or by bank transfer to the account in the name of Domini Castellare di Castellina s.r.l..
6. Availability of Assets
6.1 If after the placing of the Order for the purchase request made by the Customer, but prior to the conclusion of the Contract, the Goods selected are not, for any reason, available, DCC undertakes to inform the Customer in the Confirmation Email, where the possibility of purchasing other Goods of the same or better quality than those requested by the Customer shall be indicated. In any event, in the Confirmation Email, DCC undertakes to inform the Customer of the essential characteristics of the new Goods offered as an alternative and any other information indicated in Article 5 of the Contract. If the Customer does not accept the new proposal indicated in the Confirmation Email, the Order placed by the Customer shall be automatically deleted from the system.
6.2 If, following the conclusion of the Contract, the Goods ordered are not available in the supplier's warehouse, for any reason whatsoever, the Customer shall have the right to postpone delivery of the Goods until DCC has them available in its warehouses, or to withdraw from the Contract in the manner described in Article 10 below.
6.3 DCC undertakes to give immediate notice to the Customer, at the email address communicated during the purchase phase, of the depletion of the Goods, which has occurred due to unforeseeable causes not attributable to them, inviting the Customer to place another Order pursuant to paragraph 6.1.
7. Methods of Delivery
7.1 The Goods may be delivered in Italy.
7.2 For deliveries within the Italian territory, the products purchased on www.castellare.it are shipped by courier. Shipping costs shall be borne by the Customer and are explicitly highlighted at the time the Order is placed. Depending on the area of destination of the Goods, deliveries may be made within a period of time varying from 24 hours to 7 days for domestic shipments.
7.3 The Customer, upon receipt of the Goods, undertakes to verify the integrity and/or exact correspondence between the Goods and the Order placed, and in the event of inaccuracies and/or discrepancies and/or flaws and/or damages found in the Goods or in the characteristics of the Goods, undertakes to notify the same to the e-mail address: email@example.com , without prejudice to the provisions of Article 8 below.
7.4 In the event of non-execution of the Order by DCC, due to the unavailability, even temporary, of the Goods, DCC shall immediately notify the Customer in the manner indicated in the preceding article and provide, within 14 days of the communication to the Customer, for the reimbursement of any sums already paid by the Customer, including shipping costs and/or any other additional expenses charged to the total sale price.
7.5 Unless the Customer agrees, to be expressed before or during the conclusion of the Contract, DCC undertakes not to perform a service other than that agreed, even if of equivalent value and quantity.
7.6 Delivery of the Goods shall be made on business days. Deliveries shall be subject to the signature for acceptance and collection of the Goods by the Customer or a person appointed by the Customer who is at least 18 years of age.
In the event of absence of the Customer or unjustified refusal of the person appointed by the Customer, the courier shall leave a notice of attempted delivery, with instructions for further delivery or collection of the Goods.
8. Customer Care
8.1 The Customer shall be entitled to receive assistance in all cases in which the Goods received in delivery turn out to be inaccurate and/or different and/or flawed and/or damaged and/or in cases of non-delivery. Therefore, in cases where at the time of delivery the Goods or the characteristics of the Goods are found to be inaccurate and/or different and/or flawed and/or damaged or the delivery was not made, the Customer shall promptly inform DCC, at the address indicated in paragraph 8.4, within fourteen (14) days from the date of receipt of the Confirmation Email.
8.2 In the cases described above, the Customer shall be entitled, at its discretion, to request a refund of the price paid or replacement of the Goods, at no additional cost.
8.3 If all or some of the Goods delivered are partially inaccurate and/or defective and/or damaged in their content, characteristics or quantity, the Customer shall be entitled to choose whether to return the whole or part of the Order and request a refund.
8.4 In all the cases described above, it is possible to receive sales or after-sales assistance by contacting the telephone number 0566.88400 from Monday to Friday, from 9:00 a.m. to 6:00 p.m. (Italian time) or by e-mail at: firstname.lastname@example.org.
9. Cancellation of the Order
9.1 The Order may be cancelled by the Customer, for any reason whatsoever, within 24 hours of receipt of the Order Confirmation Email and only in the case of payment by bank transfer. Cancellation of the Order may be made by contacting the telephone number 0566.88400 from Monday to Friday, from 9:00 a.m. to 6:00 p.m. (Italian time) or by email to the email address: email@example.com.
9.2 Except in these cases, cancellation of the Order made after receipt of the Confirmation Email and after receipt of the payment email shall be equivalent to exercising the right of withdrawal pursuant to Article 10.
10. Right of Withdrawal
10.1 Withdrawal of the professional.
10.1.1 The Customer, if it is a natural person acting in the exercise of its trade, business, craft or profession, or its intermediary, shall have the right to withdraw from the contract, without giving reasons and without additional costs, no later than fourteen (14) days after receipt of physical possession of the Goods.
10.1.2 In the event of withdrawal by the Professional Customer after the conclusion and prior to receipt of the Goods, the performance obligations agreed upon between the parties shall lapse.
10.1.3 The right of withdrawal may be exercised by sending a written communication to Rocca di Frassinello, Località Giuncarico, 58023 Gavorrano (GR), by fax to 0566.88930 or by e-mail to firstname.lastname@example.org .
10.2 Consumer withdrawal.
10.2.1 If the Customer is a natural person acting for purposes outside his trade, business, craft or profession, if any, he shall have the right to withdraw from the Contract, without giving reasons and without additional costs, no later than fourteen (14) days from receipt of physical possession of the Goods. In the case of multiple Goods ordered by the Consumer-Customer through a single order and delivered separately, the fourteen (14) day period to withdraw from the Contract shall commence from the day on which the Consumer or a third party designated by the Consumer, acquires physical possession of the last Goods.
10.3 Modalities for exercising the Customer's right of withdrawal. Obligations.
10.3.1 Before expiry of the withdrawal period, the Customer shall inform DCC of its decision to exercise its right to withdraw from the Contract. To this end, the Customer may make any other explicit declaration of its decision to withdraw from the Contract by sending a written communication by registered post to Rocca di Frassinello, Località Giuncarico, 58023 Gavorrano (GR), by fax to 0566.88930 or by e-mail to email@example.com.
10.3.2 If the withdrawal is validly exercised by the Customer, DCC shall refund the full amount paid within the next fourteen (14) days from the time DCC is informed of the Customer's decision to withdraw from the Contract. Said refund shall be made using the same means used by the Customer for payment. In any event, the Customer shall not incur any costs as a consequence of the withdrawal.
10.3.3 DCC reserves the right, in any event, to withhold the refund until it has received the goods or until the Consumer has demonstrated that it has returned the goods, whichever is sooner and at its sole discretion.
10.3.4 Unless DCC has offered to collect the Goods itself, the Customer shall return the Goods or hand them over to DCC or a third party authorised to receive the Goods, without undue delay and in any event within fourteen (14) days from the date on which it has notified DCC of its decision to withdraw from the Contract.
10.3.3 The Customer shall bear, as the only cost, unless DCC has offered to collect the Goods, the shipping costs. The Customer shall only be liable for any diminution in the value of the Goods resulting from any handling of the Goods other than that necessary to establish their nature and characteristics.
11. Exclusion of the consumer's right of withdrawal
11.1 Notwithstanding the provisions of the preceding paragraphs, the Consumer Customer's right of withdrawal shall be excluded for the supply of alcoholic beverages, the price of which has been agreed upon at the conclusion of the Contract, the delivery of which can only take place after thirty (30) days and the actual value of which depends on fluctuations in the market that cannot be controlled by DCC.
12.1 The Customer is entitled to purchase the goods free of any defects and in conformity with their intended use. In any case, the warranty provisions shall apply in the form and terms provided for by the provisions of the Civil Code and/or the Consumer Code, where applicable.
13.1 DCC shall not be liable in any manner whatsoever for delays in the delivery of the Goods or non-delivery of the same if the delay or non-delivery was caused by exceptional and unforeseeable circumstances, such as strikes, civil commotion, deliberate damage, fire, floods, storms or supernatural events, force majeure, interruption of services relating to the performance of the Contract.
13.2 DCC shall inform the Customer immediately of any update/amendment to these General Terms and Conditions as well as of any change of e-mail address by means of e-mail to the address indicated by the Customer.
Changes to the General Terms and Conditions shall be effective immediately and shall apply to sales made from that date. In any case, the updated version of the General Conditions will be available on the Site.
14.1 Unless otherwise provided for in the Contract, any notice, report and complaint relating to the Contract shall be made by e-mail to
Customer: to the address indicated at the time of purchase and/or registration.
The Contract shall be governed by Italian law.
Any dispute relating to the application, execution, interpretation and breach of the Contract shall be within the jurisdiction of the Court of residence of Domini Castellare di Castellina s.r.l.