GENERAL TERMS AND CONDITIONS OF SALE TOMMASI WINE HOSPITALITY
1. Ownership of the Site
Tommasiwinehospitality.com is the sales site owned exclusively by S.S. AGRICOLA TOMMASI VITICOLTORI (hereafter “Tommasi”), company with registered office in Via Ronchetto 4 – 37029 Pedemonte di Valpolicella, Verona (IT). (P.I.: 02628200236).
2. Premises and acceptance of the General Conditions of Sale
These general conditions of contract (hereinafter also “General Conditions”) regulate the offer by Tommasi of products on www.tommasiwinehospitality.com (hereinafter also “Site”). The General Conditions must be accepted by the User when registering on the Site, in order to be able to use the service offered.
Tommasi reserves the right to modify all or part of these conditions at any time, giving notice to the User by publishing them on the Site.
The User who continues to purchase products on the Site and use it after the publication of the changes to these General Conditions accepts the aforementioned changes without any reservations.
3. Registration on the site
The Site is aimed exclusively at Users who have reached the age of 18. Children under the age of 18 are not authorized to send orders using the form on the Site.
All Users have the possibility, optionally and free of charge, of being able to create their own account on the Site, by registering and consequently obtaining a username and password.
The User undertakes not to transfer his credentials, even temporarily, to third parties and to keep them with due care, diligence, and secrecy under his own responsibility, constituting the only means to identify the User and to validate his access to the offers.
The User is informed that all acts performed through the use of these credentials will be attributed to him and will have binding effect on him. It is understood that under no circumstances can Tommasi be held responsible in the event of loss, dissemination, theft or unauthorized use by third parties, for any reason whatsoever, of the Users’ access credentials.
The User can also subscribe to the Newsletter by clicking on the appropriate button during payment.
At any time, the User may update and/or modify or request cancellation of the information released before the purchase and/or during Registration. In the event of a cancellation request, however, Tommasi will be able to temporarily keep all or part of this information, for the sole purpose of executing any purchases made and/or being able to conclude the accounting and tax procedures.
Tommasi reserves the right to suspend or cancel the User’s account at any time and without notice if it believes that:
– the User has not complied with these General Conditions;
– access to or use of the Service by the User may cause damage to Tommasi, other Users, third parties or may result in a violation of the law or applicable regulations;
The suspension or cancellation of the account may also be ordered in the event of a request from the Public Authority;
4. Identification of the products of the visits and tastings
The offer of products relates to the categories of visits/tastings, alcoholic food (wine products) and other ancillary products for the consumption of the aforementioned. The Products offered for sale on the Site are only those advertised therein in the dedicated sections (Wine Tours page and Wine Shop page).
As regards the organization of visits/tastings, delays of more than 15 minutes do not guarantee the departure of the tour. The cancellation of a reservation must be sent to the following email address firstname.lastname@example.org within 48 hours prior to the booked visit/tasting in order to be refunded.
The images of the products are purely illustrative and do not constitute a contractual element.
5. Purchase procedure and payment methods
The request made by the User to purchase products and services on the Site constitutes a proposal to purchase the product/s or service/s selected.
The contract is considered concluded, and is binding for both parties with Tommasi’s confirmation of the purchase request formulated by the User. This confirmation will be communicated to the User, via email, containing the details of the order formulated by the latter. The order confirmation is valid as acceptance of the purchase offer.
The availability of the products is subject to quantitative and/or time limits.
Order fulfillment is subject to the availability of the products ordered and to Tommasi’s discretionary acceptance of the same. In any case, the company reserves the right to cancel orders by re-crediting the sums paid.
The User must select the products and complete the check-out, after having carefully verified the information contained in the order summary, the User must proceed with the payment of the price including taxes and the relative shipping costs.
Following the successful completion of the payment, the User will receive an order confirmation email containing the information relating to the offer purchased. The order confirmation will contain a summary of the delivery and billing address. In the absence of the confirmation e-mail, the purchase cannot be considered validly concluded.
The accepted payment methods are: credit card, PayPal, Satispay, bank transfer.
Unless otherwise specified in the terms of the offer, the sums due are charged at the time of payment confirmation. In any case Tommasi uses third party tools for payment processing and does not in any way come into contact with the payment data, such as those relating to the credit card, provided.
In the event of non-confirmation of the order for any reason, Tommasi will refund the full amount paid by the user.
6. Conditions of the offer
Before concluding the purchase, the User will examine the characteristics of the goods illustrated in the data sheet of the product he intends to purchase, respecting the purchase limits indicated therein.
The prices (expressed in Euros and inclusive of VAT), the descriptions or the availability of the products may be subject to change, with effect from the date of publication on the Website of said changes.
The prices applied to the products and services are those indicated on the Site at the time of the purchase order by the User. The prices for the products and services actually indicated on the site cancel and replace the previous ones.
Tommasi will do its best to present the characteristics of the products with the greatest degree of detail possible within each sheet corresponding to the product viewed by the User. However, the images and colors of the products offered for sale may differ from the real ones due to multiple factors including, but not limited to, the User’s terminal monitor, photographic filters, etc. Therefore, the User acknowledges and accepts that any such minor differences do not constitute a lack of conformity of the products.
Shipping costs vary and may be free if the total amount of the order exceeds a certain value or following a specific promotion. In any case, the user is always informed of the amount of the shipping costs before concluding the purchase procedure and making the payment.
The validity of the product offers on the Site may be subject to quantitative or temporal limitations which may affect the availability of products and services. The validity date and/or the available quantity of the aforementioned offers are indicated on the Site in such a way as to allow the User to become aware of them.
Tommasi may modify the duration of an offer on its products at any time and at its discretion, without prejudice to the orders confirmed by Tommasi during the validity of a given offer.
In the event that a product ordered by the User is no longer available after the purchase by the latter, Tommasi will contact the User proposing an alternative good/service or refund the User if he prefers.
The products on the Site are intended to be sold for personal use. Consequently, the User ensures that he acts as a final consumer and that he does not intend to resell, directly or indirectly, the products purchased on the Site and/or by telephone for commercial purposes.
Tommasi reserves the right to cancel the order received if the user, in order to circumvent the purchase limits indicated in the conditions of sale:
a) use a “fictitious” email address associated with a shipping address identical to another already registered user.
b) enter a billing address identical to another address already used by another registered user.
c) enter an invalid or non-existent shipping address.
In any case Tommasi reserves the right to temporarily suspend the sale of certain wines in the event that it detects order anomalies such as, for example, the high number of purchases of certain wines in certain areas.
7. Discount Codes
Tommasi can issue discount codes (hereinafter also “Coupon”) that the User can use when purchasing the products. Coupons are issued in the form of an alphanumeric code and their function is established unquestionably and at its total discretion by Tommasi. The Coupon can be entered by the User in the appropriate field when confirming the entry of the order. Coupons are generally usable by the user for a limited period of time, after which they will no longer be usable. The Coupon may be subject to a minimum spending amount under which it will not be possible to use it. Unless otherwise specified, the Coupon is personal and linked to the User’s Account and can be used for a single purchase, after which it will be automatically invalidated. Coupons are not cumulative. Coupons cannot be sold, assigned and/or transferred to third parties except with the express authorization of Tommasi.
Tommasi reserves the right to cancel any Coupon previously issued, even before the expiry date, without the obligation to justify the reason and without the right to indemnity or compensation.
Finally, Tommasi reserves the right to eliminate the Coupons issued in favor of users who make improper use of them, without any notice and without the right to indemnity or compensation.
8. Shipping, delivery and after-sales service
Tommasi accepts orders for delivery in Italy, islands included and in the countries listed below: France, Portugal, Spain, Belgium, Denmark, Luxembourg, Holland, Germany, Austria, Finland, Sweden, Bulgaria, Greece, Croatia, Slovenia, Cyprus, United Kingdom United Kingdom, Norway, Andorra, Switzerland, Antigua and Barbuda, Argentina, Australia, Bahamas, Canada, Canary Islands, China, Colombia, Hong Kong, India, Japan, Korea (Republic of), New Zealand, Singapore, South Africa, Ukraine, United Arab Emirates, United States of America, Russia.
Tommasi undertakes to process the order within 3 working days from the date of the order and on average deliveries take place in 24/48 working hours throughout Italy with the exception of the islands and disadvantaged areas where the average delivery times are 72/96 working hours . For abroad, delivery times on average reach 7 working days. It is not possible to guarantee a precise delivery date or time as this depends on the courier, the destination address and the person in charge of the delivery. Tommasi cannot therefore be held responsible for any direct or indirect consequence deriving from these timings. In any case, the delivery times, pursuant to and to the effects of the provisions of Article 61 of Legislative Decree 206/2005 and subsequent amendments, are no more than 30 days starting from the day following the day of order transmission.
Tommasi cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in completing the purchase order by the User, for damage that may occur to the Products after delivery to the carrier, for delays in delivery attributable to the latter.
Tommasi uses patented packaging approved by the courier, designed to guarantee the integrity of the product. In any case, upon delivery of the goods, the User will be required to verify that the packaging is intact, undamaged, or otherwise altered, including in the sealing materials (adhesive tape or strapping) or that there is no leakage of liquid. Any damage to the packaging and/or the product must be immediately contested by the User, placing a written control reserve (and specifying the reason for the reserve, e.g. “Hounded packaging”, “Crushed packaging”, etc.) on the courier delivery. Once this document has been signed, the User will no longer be able to make any objection regarding the characteristics of what has been delivered. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 3 days of delivery, by writing an email to: email@example.com.
In the communication, the User must provide a description of the defect found, indicate the product as well as the progressive order number issued at the time of purchase and the identification details of the payment relating to the products purchased.
In the event of non-delivery of the goods within the times indicated, the User will be required to notify Tommasi who will check the status of the shipment and any anomaly with the courier. Following a shipping anomaly (e.g. package lost or destroyed during transport), Tommasi will re-send the product, compatibly with the availability of the same in the warehouse or refund the order in full.
9. Product warranty and conformity
In case of non-compliant products, the User will contact Tommasi by sending an email to firstname.lastname@example.org.
The products purchased on tommasiwinehospitality.com enjoy the legal guarantee of conformity of the goods, articles 128 et seq. Consumer Code. As regards any expiration dates and storage methods, refer to what is indicated in the product sheet of the Site and on the relative labels.
In the event of non-compliant products, Tommasi will collect the bottle(s) in order to start the verification procedure. For the verification it will be necessary that in the bottle/s there is at least 70% of the wine and that the original cork is well inserted on the neck. Subsequently, if the anomaly is ascertained, we will proceed with the replacement or refund.
The User has the right to withdraw from the contract within 14 (fourteen) days from the date of receipt of the products and to receive reimbursement of the expense incurred for the purchase without any penalty, pursuant to the provisions of Legislative Decree 206/2005 and subsequent amendments. mm. ii.
The only expenses that will not be reimbursed by Tommasi are the shipping costs. The right of withdrawal does not apply to products delivered sealed that have been opened by the user or are no longer intact and/or show alterations. The notice of withdrawal must be sent by e-mail to the address email@example.com within 14 days from the date of delivery and must contain:
a) the demonstration by the user to exercise the right of withdrawal pursuant to and for the purposes of art. 54 of Legislative Decree no. 21/2014;
b) the indication of the products for which the User intends to exercise the right of withdrawal, including the specification of the article code of the product;
c) the progressive number of the order issued at the time of purchase;
d) the identification details of the payment relating to the products purchased.
The user who has exercised the right of withdrawal must return the goods intact, without any alteration and in their original packaging, complete in all their parts, accompanied by the attached tax documentation within 14 days from the date of communication of the withdrawal. The costs of returning the goods are borne by the User. The goods must be sent c/o S.S. Agricola Tommasi Viticultori, Via Ronchetto 4, 37029 Pedemonte di Valpolicella (VR). The user is responsible for the packaging of the goods he intends to return and therefore undertakes to take the necessary precautions in order to safeguard the integrity of the product or products to preserve them from any damage and/or any alteration.
Without prejudice to the right to verify the correctness and conformity of the return of the products in the terms and in the manner described above, Tommasi will proceed by crediting the User with the amount paid for the purchase of the product(s) (with the exception of shipping costs) within the maximum term of thirty days starting from the date on which the seller became aware of the exercise of the right of withdrawal.
In any case, the credit of the amount paid will not take place before:
a) Tommasi has received the shipment of the product(s);
b) Tommasi has verified the integrity of the product(s).
The clauses concerning the exercise of the right of withdrawal, as well as the related consequences and exceptions, apply exclusively to the User who qualifies as a consumer, i.e. to the User who acts for purposes unrelated to his business and professional activity.
11. Tommasi’s responsibility
Tommasi will not be liable for damages that may derive from the use of the Site such as computer viruses, omissions, service interruptions and software failures, even to the detriment of the User’s computer equipment, which prevent or delay the provision of services if these are due to external causes, force majeure and/or third parties not dependent on the will of the owner.
In any case, Tommasi cannot under any circumstances be held responsible for delays or defects or discrepancies due to events beyond their reasonable control such as, by way of example:
(i) force majeure events;
(ii) events dependent on third parties such as the interruption or malfunction of the services of telecommunications operators and/or power lines, or acts or omissions by carriers or shippers.
12. Industrial and intellectual property
Tommasi is the owner of all rights relating to the graphic and conceptual content of the Site, of the distinctive signs made visible therein, as well as of any name, symbol, image, logo, drawing, design used to indicate the Products on the site. Reproduction, even partial, of the content and graphics of the Site, as well as of the distinctive signs made visible therein, is therefore prohibited.
Tommasi winemakers s.s. Agricola, Data Controller informs that any data of a personal nature contained in this contract, the data provided via e-commerce on the website or the data provided later, as part of the relationship, such as for example names, domiciliation and account details bank currents, email and contact addresses that may be communicated, are treated according to the principles of the GDPR EU-2016/679 and related legislation in force.
The communication of such data is mandatory as a necessary requirement for the conclusion of this agreement.
Furthermore, the contact details may be used, subject to the user’s consent, to send commercial communications.
The data will not be subjected to an automated decision-making process, including profiling. The data will be processed in written or electronic form and adequate security measures will be adopted to guarantee the protection of personal data. The data will not be transferred to a third country located outside the European Union and will be processed by authorized personnel or by specifically appointed managers.
The data processing will have a duration no longer than that necessary for the purposes for which the data were collected or subsequently processed and in any case for the entire period prescribed by the provisions of the law in force. For further information or for complete information, it is possible to write at any time to firstname.lastname@example.org
14. Governing Law and Jurisdiction
These General Conditions will be governed in every aspect by Italian law. For any dispute concerning the interpretation, execution and/or termination of the contract between the User and Tommasi, the Parties acknowledge that the Judge of the place of residence or domicile of the User will be competent, where the latter is qualified and/or qualifiable as a Consumer pursuant to and in accordance with Legislative Decree 206/2005 and subsequent amendments. mm. ii. Otherwise the competent court will be that of Verona.
Although not expressly provided for herein, the provisions of law applicable to the relationships and cases provided for in the contract stipulated online by the User with Tommasi apply.
Pursuant to articles 1341 and 1342 of the Italian Civil Code, the Customer declares to have read, understood and to expressly accept and sign these General Conditions of Sale.
16. Platform Odr
The Consumer residing in Europe is informed that the European Commission has set up an online platform which provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial manner any dispute relating to contracts for the sale of goods and services entered into on the web and/or deriving from them.
Consequently, if you are a Consumer established in Europe, you can use this platform for the resolution of any dispute arising from the online contract stipulated on this site.
The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr