This is a courtesy translation. In case of any discrepancy between this version and the Italian version, the Italian version shall prevail.
General Terms and Conditions of Sale
These General Terms and Conditions of Sale govern the offer and sale of products on this website, https://enotecapanevino.it.
The products purchased on the Site are offered and sold by PaNeVino di Paolo Nembri, registered office at Piazzale XVI Luglio 18, 27040 San Damiano al Colle (PV), Italy, Tax Code/VAT No. 12804100969, Pavia Chamber of Commerce REA No. 310275, e-mail enotecapanevino@gmail.com (hereinafter “PaNeVino”).
1. SCOPE OF APPLICATION
1.1 The sale of products through the Site (Products) constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Italian Legislative Decree No. 206 of 6 September 2005 (Consumer Code) and by Italian Legislative Decree No. 70 of 9 April 2003 on electronic commerce.
1.2 These General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions will be effective from the moment of their publication on the Site. Users are therefore invited to access the Site regularly and to consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase. The applicable General Terms and Conditions of Sale are those in force on the date on which the purchase order is sent.
1.3 These General Terms and Conditions of Sale do not govern the sale of products and/or the provision of services by parties other than PaNeVino that are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with such parties, it is necessary to check their terms of sale. PaNeVino is not responsible for the provision of services and/or the sale of products by such parties. PaNeVino does not carry out any control and/or monitoring of the websites accessible through such links and is therefore not responsible for their contents or for any errors, omissions and/or breaches of law on their part.
2. PURCHASES ON THE SITE
2.1 With regard to Italian citizens, sales on the Site are reserved exclusively to persons who are at least 18 years old. Purchasers who are not Italian citizens may purchase Products on the Site only if they are of legal age under their own national law. If there is no legislation on this matter, the purchaser must be at least 21 years old.
In any case, users who make purchases on the Site undertake to hold PaNeVino harmless from any liability in the event that they have made purchases on the Site in breach of their own national law on age limits for purchases.
2.2 PaNeVino reserves the right to refuse or cancel orders placed (i) by a user with whom it has a legal dispute pending; (ii) by a user who has previously breached these General Terms and Conditions of Sale and/or the terms and conditions of a purchase contract with PaNeVino; (iii) by a user who has been involved in fraud of any kind and, in particular, in credit card payment fraud; (iv) by users who have provided false, incomplete or otherwise inaccurate identification data, or who have not promptly sent PaNeVino the documents requested under these General Terms and Conditions of Sale, or who have sent invalid documents; (v) by users who do not provide sufficient guarantees of solvency. In any case, PaNeVino reserves the right to cancel orders relating to transactions that do not show an absolute degree of genuineness.
2.3 With regard to purchases on the Site, it may happen that: the purchase procedure contains one or more material errors; the Product Page, as defined below, contains incorrect information due to material errors (e.g. the price of the Product); due to a material error, a Product is shown as available when it is not available at the time the order is prepared. In these or similar cases, the user may request the cancellation of the order or obtain, in agreement with PaNeVino, a different Product, subject to any adjustment of the purchase price.
3. REGISTRATION ON THE SITE
3.1 Products may be purchased on the Site both by registered users and as a guest, without creating an account. In both cases, the user is required to provide complete and truthful data.
3.2 Registration credentials must be used exclusively by the user and may not be transferred to third parties. The user undertakes to keep them secret and to ensure that no one else has access to them, and to inform PaNeVino without delay in case of suspected misuse and/or disclosure. The user guarantees that the personal information provided during registration on the Site is complete and truthful. The user agrees to hold PaNeVino harmless from any damage, compensation obligation and/or penalty arising from and/or in any way connected with the user's breach of the rules on registration on the Site or on the safekeeping of registration credentials.
3.3 To delete your profile from PaNeVino, please send a request to enotecapanevino@gmail.com.
4. INFORMATION PRIOR TO THE CONCLUSION OF THE CONTRACT
4.1 In accordance with Italian Legislative Decree No. 70 of 9 April 2003 on electronic commerce, PaNeVino informs the user that:
5. VALIDITY OF OFFERS AND PRICES
5.1 All Product prices are expressed in Euro (€) and include Value Added Tax (“VAT”), unless otherwise stated. Any additional costs will be expressly and separately indicated in the order form before the user sends it.
5.2 PaNeVino may change the price of the Products at any time without notice, it being understood that the price charged to the user will be the one published on the information page illustrating the main characteristics of the Product (Product Page) at the time the order is sent. Any price changes (increases or decreases) after the order has been sent will not be taken into account.
5.3 Products may be offered for sale on the Site at discounted prices. In accordance with Article 17-bis of the Italian Consumer Code, the previous price shown on the Site (Strikethrough Price), on which the discount is calculated, corresponds to the lowest price applied by PaNeVino to the same Product in the 30 days preceding the application of the price reduction.
6. PURCHASE ORDERS - PRODUCT INFORMATION
6.1 PaNeVino will process the purchase order, and therefore ship the purchased Product, only after receiving confirmation of authorisation for payment of the total amount due, consisting of the purchase price, delivery costs, if any, and any other additional costs, as indicated in the order form (Total Amount Due). If the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract shall be deemed terminated by operation of law pursuant to Article 1456 of the Italian Civil Code.
6.2 The Products shall remain the property of PaNeVino until the user has paid the Total Amount Due. The risk of loss or damage to the Products, for reasons not attributable to PaNeVino, shall pass to the user when the user, or a third party designated by the user other than the carrier, takes physical possession of the Products.
6.3 Each Product is accompanied by a Product Page. The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The images on the Product Page may, however, differ in vintage and/or size or with regard to any accessory products. Such images must therefore be considered indicative and subject to customary tolerances. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user shall prevail.
6.4 All Products contain sulphites, since the wine-making process itself implies their presence. Further sulphites may be added during the production process; in some cases, however, a wine may contain no “added” sulphites.
6.5 The purchase of gift cards does not count towards the order threshold above which the user is entitled to free shipping of the Products.
7. PRODUCT AVAILABILITY
7.1 The products offered on the Site are available in limited quantities. It may therefore happen, also because several users may purchase the same Product at the same time, that the ordered Product is no longer available after the purchase order has been sent.
7.2 In any case of unavailability of the ordered Product, without prejudice to the rights granted to the user by law and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, the user will be promptly informed by e-mail or telephone. The user will then be entitled to terminate the contract pursuant to Article 61, paragraphs 4 and 5, of the Consumer Code. If the user exercises the right of termination under Article 61, paragraphs 4 and 5, of the Consumer Code, or in any case where the Total Amount Due has already been paid, PaNeVino will refund that amount without undue delay and, in any case, within a maximum of 15 working days from the date of collection. This amount will normally be credited to the same means of payment used by the user for the purchase or to a different means agreed between the user and PaNeVino. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used.
7.3 In the case of orders for several Products (Multiple Order), if the unavailability concerns only some of the Products in the Multiple Order, without prejudice to the rights granted to the user by law and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, and without prejudice to Article 7.2, PaNeVino will immediately notify the user by e-mail or telephone. The user will then be entitled to terminate the contract, limited to the Product(s) no longer available, pursuant to Article 61, paragraphs 4 and 5, of the Consumer Code. If the user exercises this right of termination with regard to the unavailable Product(s), or in any case where the Total Amount Due has already been paid, PaNeVino will refund the amount due for such Product(s), including delivery costs and any other additional costs specifically due for such Products (Partial Amount Due), without undue delay and, in any case, within a maximum of 15 working days from the sending of the order. The amount of the refund will be communicated to the user by e-mail or telephone and will be credited to the same means of payment used for the purchase or to the means agreed between the parties. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. Termination of the entire Multiple Order will only be possible in the case of evident and proven accessoriness of the unavailable Products with respect to the other available Products in the Multiple Order.
8. DELIVERY OF PURCHASED PRODUCTS
8.1 The amount of delivery costs due by the user for a specific order is expressly and separately indicated (in Euro and including VAT) during the purchase procedure, in the order summary and, in any case, before the user sends the order. If no specific delivery date is indicated, delivery will in any case take place within thirty days from the date of conclusion of the contract.
8.2 The delivery obligation is fulfilled by transferring the physical availability or in any case the control of the Products to the user.
It is up to the user to check the condition of the Product delivered to or collected by them. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to PaNeVino, passes to the user when the user, or a third party designated by the user other than the carrier, takes physical possession of the Product, the user is advised to check the number of Products received and that the packaging is intact, undamaged, not wet or otherwise altered, including the closing materials, and is invited, in their own interest, to note any anomalies on the carrier's transport document, accepting the parcel WITH RESERVATION (“RISERVA”) (e.g. damaged package, wet parcel). Receipt of the Products without reservation does not allow the user to take legal action against the carrier and/or PaNeVino in the event of loss or damage to the Products, except where the loss or damage is due to wilful misconduct or gross negligence of the carrier and except for partial loss or damage not recognisable at the time of delivery, provided that in the latter case the damage is reported as soon as it is discovered and no later than eight days after receipt. If the package shows evident signs of tampering or alteration, the user is also advised to promptly inform PaNeVino's Customer Service. If the order has not been correctly delivered, please contact us within 30 days of the order date so that we can carry out the appropriate checks with the courier. In any case, the rules on the right of withdrawal and on the legal guarantee of conformity remain applicable.
8.3 Article 61 of the Consumer Code applies if the purchased Product is not delivered or is delivered late with respect to the delivery times indicated during the purchase procedure and in the order confirmation.
8.4 PaNeVino ships to Italy and to the European Union countries indicated during the purchase procedure. Shipping costs and methods for each destination are indicated on the “Shipping times and costs” page and, in any case, in the order summary before the order is sent.
9. PAYMENT METHODS
9.1 Products may be paid for by credit card, via the PayPal payment solution, Satispay or bank transfer. If one of these means/solutions of payment cannot be used for a specific Product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase procedure.
9.2 Payment by credit or debit card
9.2.1 Products may be paid for by credit or debit card directly through the Site.
9.2.2 In order to guarantee the security of payments made on the Site and to prevent fraud, PaNeVino reserves the right to ask the user, by e-mail, to send by the same means a copy of the front and back of their identity card and, if the person placing the order is different from the cardholder, of the cardholder's identity card. The document must be valid. The request e-mail will specify the deadline by which the document must reach PaNeVino. This deadline will in no case exceed 5 working days from receipt of the request by the user. Pending receipt of the requested document, the order will be suspended. The user is required to send the requested documents within the indicated deadline.
9.2.3 If PaNeVino does not receive such documents within the deadline specified in the request e-mail, or receives expired or invalid documents, the contract shall be deemed terminated by operation of law pursuant to Article 1456 of the Italian Civil Code and PaNeVino may cancel the order, with consequent refund of the Total Amount Due.
9.2.4 If PaNeVino receives valid documentation within the deadline indicated in the e-mail referred to in Article 9.2.2 above, the delivery times will run from the date of its receipt.
9.2.5 Confidential credit card data (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment provider without passing through the servers used by PaNeVino. PaNeVino therefore never has access to and does not store the data of the credit card used by the user to pay for the Products (even if the user has chosen to store the credit card data on the Site), with the exception of the cardholder's name.
9.3 Payment via PayPal
9.3.1 Products purchased on the Site may be paid for via the PayPal payment solution. If the user chooses PayPal as the means of payment, they will be redirected to the PayPal website, where they will pay for the Products according to the procedure provided and governed by PayPal and the terms and conditions agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted to or shared with PaNeVino. PaNeVino is therefore unable to know and does not store in any way the data of the credit card linked to the user's PayPal account or the data of any other payment instrument connected to that account.
9.3.2 In the case of payment via PayPal, the Total Amount Due will be charged by PayPal to the user at the time the contract is concluded through the Site. In the event of termination of the purchase contract and in any other case of refund, for any reason, the refund amount due to the user will be credited to the user's PayPal account, unless a different means is agreed between the user and PaNeVino. The crediting times on the payment instrument linked to that account depend exclusively on PayPal and the banking system. Once the credit order in favour of that account has been issued, PaNeVino cannot be held responsible for any delays or omissions in crediting the refund to the user, for which the user must contact PayPal directly.
9.4 Bank transfer
9.4.1 If the user chooses to pay by bank transfer, the order will be shipped as soon as PaNeVino has received the credit of the amount relating to the order.
9.5 Payment via Satispay
9.5.1 Products purchased on the Site may be paid for via Satispay. If the user chooses Satispay, they will complete the payment through the Satispay app, according to the procedure and the terms and conditions agreed between the user and Satispay. PaNeVino has no access to and does not store the data of the payment instruments linked to the user's Satispay account. In the event of a refund, for any reason, the amount will be credited via Satispay, unless a different means is agreed between the user and PaNeVino.
10. RIGHT OF WITHDRAWAL
10.1 Users who are consumers have the right to withdraw from the contract concluded with PaNeVino without incurring costs other than those indicated in this article and without having to give any reason, within fourteen (14) calendar days (Withdrawal Period). The Withdrawal Period expires 14 days after:
10.2 To exercise the right of withdrawal, the user must inform PaNeVino of their decision to withdraw before the expiry of the Withdrawal Period.
10.3 To exercise the right of withdrawal, the user must send an e-mail to enotecapanevino@gmail.com containing an explicit statement of their decision to withdraw from the contract, possibly using the model withdrawal form at the end of these General Terms and Conditions of Sale (Withdrawal Statement). Since the burden of proving that the right of withdrawal was exercised before the expiry of the Withdrawal Period lies with the user, it is in the user's interest to keep a copy of the e-mail sent to PaNeVino containing the Withdrawal Statement.
10.4 To return the Product, the user may use a carrier of their choice, with return costs borne by the user: in this case, after exercising the right of withdrawal as set out in this article, the user must return the Product to PaNeVino, using a carrier of their choice and at their own expense, without undue delay and in any case within 14 calendar days from the date on which they informed PaNeVino of their decision to withdraw. The deadline is met if the user sends back the Product before the fourteen-day period has expired. The Product, suitably protected and packed, must be sent to the following address:
PaNeVino di Paolo Nembri
Piazzale XVI Luglio 18, 27040, San Damiano al Colle (PV), Italy
The direct costs of returning the Product to PaNeVino are borne by the user. The return of the Product to PaNeVino takes place under the user's responsibility.
If the user used a discount code to purchase the Product for which the right of withdrawal has been exercised, the refund will be made only with reference to the amount of money actually spent by the user, and not also with regard to the value of the discount code.
10.5 If the user withdraws from the contract, PaNeVino will refund the Total Amount Due paid by the user for the Product without undue delay and in any case no later than 14 calendar days from the day on which PaNeVino received the returned Products in the same condition in which they were sold. The refund will be made using the same means of payment used by the user for the initial transaction or a different means agreed between the parties; in any case, the user will not incur any additional costs as a result of the refund.
10.6 In the case of partial withdrawal, the amount of delivery costs to be refunded to the user will be calculated in proportion to the value of the goods subject to withdrawal.
10.7 The user is only liable for any diminished value of the goods resulting from handling of the Product other than what is necessary to establish its nature. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, with all accessories still attached, intact and not tampered with, and free from signs of wear or dirt. Moreover, withdrawal applies to the Product in its entirety and cannot be exercised in relation to parts and/or accessories (that do not constitute autonomous Products) of the Product. Since the Products are foodstuffs in sealed packaging, returned bottles must be intact, closed and sealed, with cork and capsule not tampered with. Pursuant to Article 59(1)(e) of the Consumer Code, the right of withdrawal does not apply to sealed Products that have been unsealed after delivery.
10.8 If the withdrawal has not been exercised in accordance with applicable law, it will not result in the termination of the contract and, consequently, will not give rise to any refund. PaNeVino will inform the user accordingly, rejecting the withdrawal request. The Product, if already received by PaNeVino, will remain at the user's disposal for collection, which must take place at the user's expense and under the user's responsibility.
10.9 If the Product for which the right of withdrawal has been exercised has suffered a diminished value resulting from handling other than what is necessary to clearly identify it, the refund amount will be reduced by an amount equal to such diminished value. PaNeVino will inform the user of this circumstance and of the consequent reduced refund amount and, if the refund has already been paid, will provide the user with the bank details for payment of the amount due by the user as a result of the diminished value of the Product.
10.10 If, in one of the cases provided for by law, the right of withdrawal does not apply, specific and express notice of such exclusion will be given on the Product Page and, in any case, during the purchase procedure, before the user sends the order. In any case, users are reminded that, pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded, among other things, where the sale concerns:
11. MISCELLANEOUS
11.1 By placing an order on the Site, the user agrees to receive the invoice, if requested, in electronic format only. The invoice may be printed and stored as an original in accordance with Ministerial Circular 45/E of 19/10/2005. For the issue of the invoice, the information provided by the user shall apply; the user declares and guarantees that such information is true, undertaking to hold PaNeVino harmless from any damage, including penalties imposed by the competent authorities, that may arise from its inaccuracy.
11.2 Photos, texts, descriptions and all contents of the Site are the property of PaNeVino di Paolo Nembri. Full or partial reproduction of any part of the Site is prohibited; the reproduction of texts or photos for any use and in any form without prior written authorisation from PaNeVino di Paolo Nembri is also prohibited.
11.3 The delivery times indicated on the Site, on the “Shipping times and costs” page and in the order confirmation are indicative estimates and do not constitute essential or binding terms. For consumers, Article 61 of the Consumer Code remains applicable, according to which, in the absence of a different agreed term, delivery takes place within thirty days of the conclusion of the contract.
12. LEGAL GUARANTEE OF CONFORMITY
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles 128 et seq. of the Consumer Code (Legal Guarantee). The Legal Guarantee is reserved for consumers. It therefore applies only to users who have made a purchase on the Site for purposes unrelated to any business, commercial, craft or professional activity they may carry out. Purchasers on the Site who are not consumers will be covered by the guarantees for defects of the goods sold, the guarantee for lack of promised and essential qualities and the other guarantees provided for by the Italian Civil Code, with the relevant terms, time limits and limitations.
13. APPLICABLE LAW AND JURISDICTION; OUT-OF-COURT DISPUTE RESOLUTION - ALTERNATIVE DISPUTE RESOLUTION (ADR)
13.1 Contracts concluded between users of the Site and PaNeVino are governed by Italian law. This is without prejudice to the application, to consumers who do not have their habitual residence in Italy, of any more favourable and mandatory provisions of the law of the country in which they have their habitual residence, in particular with regard to the deadline for exercising the right of withdrawal, the deadline for returning the Products in the event of withdrawal, the methods and formalities for communicating withdrawal and the legal guarantee of conformity.
13.2 Pursuant to Article 141-sexies, paragraph 3, of Italian Legislative Decree No. 206 of 6 September 2005 (Consumer Code), PaNeVino informs users who are consumers within the meaning of Article 3(1)(a) of the Consumer Code that, if they have submitted a complaint to PaNeVino and it has not been possible to reach a negotiated solution, PaNeVino will provide information on the Alternative Dispute Resolution bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions of Sale (so-called ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code).
In any case, consumers retain the right to bring any dispute arising from these General Terms and Conditions of Sale before the competent ordinary court.
13.3 Users residing in a European Union Member State other than Italy may also use, for any dispute relating to the application, performance and interpretation of these General Terms and Conditions of Sale, the European Small Claims Procedure established by Regulation (EC) No. 861/2007 of the Council of 11 July 2007, provided that the value of the claim does not exceed €2,000.00, excluding interest, fees and expenses. The text of the Regulation is available at www.eur-lex.europa.eu.
14. CUSTOMER SERVICE AND COMPLAINTS
14.1 You can request information, send communications, ask for assistance or submit complaints by writing to Customer Service at enotecapanevino@gmail.com.
14.2 PaNeVino will respond promptly to complaints submitted, and in any case within five working days of their receipt.
ANNEX – MODEL WITHDRAWAL FORM
(complete and return this form only if you wish to withdraw from the contract)
(*) Delete as appropriate.
