General conditions of sale

Premise
The offer of this online store is proposed by the company Tenuta Manelli.
In accordance with the current regulations on electronic commerce and distance contracts.

Data of the company:
Tenuta Manelli Società Agricola s.r.l
Via Ugo Foscolo 39
72021 Francavilla Fontana (BR)

The Customer declares to have read all the above information and general conditions of sale, before placing the order.

General Conditions of Sale
These general conditions of sale (the “General Conditions”) govern the terms and conditions of sale of products marketed by Tenuta Manelli Società Agricola s.r.l (the “Products”).

All contracts for the sale of Products by Tenuta Manelli Società Agricola s.r.l to third parties (the “Customers”) are governed by these General Conditions, which form an integral and substantial part of each proposal, order and purchase order confirmation of the Products themselves. The conditions of sale applicable to orders are those in force on the date of the order.

1. Products: prices and characteristics

Unless otherwise indicated, the prices of the Products published on the site by Tenuta Manelli Società Agricola s.r.l are expressed in Euro and must be understood inclusive of VAT.

The price guaranteed to the buyer is that published on the Site at the time of sending the order. The price fixed on purchase is fixed and final.
The prices of the Products from time to time published by Tenuta Manelli Società Agricola s.r.l on the site cancel and replace the previous ones and are subject to the actual availability of the Products.
Product images are indicative and non-binding.
The Customer is responsible for the choice of the Products ordered.

2. Orders – Invoicing

Each order of Products transmitted to Tenuta Manelli Società Agricola s.r.l constitutes a contractual proposal of the Customer. The fulfillment of the order by Tenuta Manelli Società Agricola s.r.l is equivalent to confirmation and acceptance of the same.
The tax documentation relating to the products ordered will be issued by Tenuta Manelli Società Agricola s.r.l at the time of shipment of the products to the customer.
The invoice will be issued by Tenuta Manelli Società Agricola s.r.l, the customer must provide the exact data necessary for invoicing and specify the shipping address of the invoice.

3. Execution of the order

The order will be executed in the terms specified on the Site.
As a rule, deliveries take place within 7 working days for Italy and 15 working days for European destinations for all the Products indicated as “available”.

In case of failure to execute the order by Tenuta Manelli Società Agricola s.r.l (if the same is due to unavailability of the products ordered by the customer), Tenuta Manelli Società Agricola s.r.l will inform the customer as soon as possible of the delivery times provided for the supply of the missing product.

If the Customer does not intend to wait for such time, but not exceeding 30 working days, Tenuta Manelli Società Agricola s.r.l will refund any sums already paid by the latter for the delivery not carried out.
In case of breakdown of/i stock or unavailability of the product ordered, Tenuta Manelli Società Agricola s.r.l undertakes to inform the customer as soon as possible and to specify a deadline for availability.

The Customer will confirm by e-mail his choice, i.e. wait for the availability of the Product or ask for a refund.

4. Order acceptance

The contract will be concluded only when the order is confirmed by Tenuta Manelli Società Agricola s.r.l.

The Customer will receive by email a notification of receipt with the confirmation of the order with all the elements of the contract (products ordered, prices, delivery dates, shipping costs…)

Tenuta Manelli Società Agricola s.r.l reserves the right not to confirm an order for any reason related in particular to a supply problem Products, or a problem regarding the order received.

5. Delivery of the products

The Products are delivered to the address indicated by the Customer.
The shipments will happen after having received confirmation of the payments; for the bank transfer, the crediting to our bank account is established, for the payment by credit card the confirmation of the transaction by the circuit.
 
For our shipments, we rely on qualified express couriers such as Bartolini, SDA, UPS, DHL.
Rates for Italy: single tariff €6,00, free shipping for orders over € 100,00
Tariffs for foreign countries: single tariff €19,00, free shipping for orders over € 200,00
Tariffs for the USA and Canada: variable by weight.

Delivery Time

As a rule, deliveries take place within 7 working days for Italy and 15 working days for European destinations only for products available in stock. The shipping terms indicated on the site, although carefully evaluated, must be understood as non-binding for Tenuta Manelli Società Agricola s.r.l, which can subsequently confirm or modify them, depending on your actual needs. Shipping times are indicated in working days.
The shipping term of an order containing items with different delivery times, is equal to the shipping term greater than the items in the order. Any delay in delivery of less than 30 (thirty) days does not entitle the Customer to refuse the delivery of the Products, nor to claim compensation or indemnification of any kind.
Tenuta Manelli Società Agricola s.r.l has the right to carry out, if it deems it appropriate, the delivery of the Products (also related to the same order) in several successive deliveries.
The delivery is considered as executed from the moment the Product is delivered to the Customer.
The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, will constitute proof of transport and release of the goods.

It is important to know that:
Upon delivery, the Customer shall verify the content, compliance and status of the Product or Products. Therefore, upon delivery, Tenuta Manelli Società Agricola s.r.l recommends the customer to proceed with the verification of the status of the products delivered before signing the receipt notice, and in particular:
 

– the number of packages delivered corresponds to the number indicated in the transport document attached to the consignment;

– the packaging is intact, not damaged, nor wet or otherwise altered, and to check the integrity of the contents.

If the Customer finds anomalies, he must refuse the delivery of the products or put in writing his reservations, detailed and dated. These reservations must be confirmed to the carrier by registered post with acknowledgment of receipt within 3 (three) working days after delivery of the Products. A copy will be sent to Tenuta Manelli Società Agricola s.r.l.
 
If the courier’s document is signed without making any “reservation”, the Customer will not be able to contest the external characteristics of what has been delivered. Any problems concerning the physical integrity, correspondence or completeness of the Products received must be reported within 3 (three) days of delivery.
Tenuta Manelli Società Agricola s.r.l has the right, at its sole discretion, to deliver the Products ordered by means of a courier chosen by you.
Unless otherwise indicated, all deliveries are made to the road plan.

Special conditions and delivery terms must be agreed in advance between the customer and Tenuta Manelli Società Agricola s.r.l and accepted in writing by Tenuta Manelli Società Agricola s.r.l.

6. Withdrawal of products in case of absence of the customer

In case of absence of the recipient during the delivery, the carrier will leave a notice of passage to the delivery address indicated by the Customer. The Products must be collected at the address and in the manner indicated by the carrier.
In case of failure to withdraw within the deadline set by the carrier, the Products will be returned to Tenuta Manelli Società Agricola s.r.l, which reserves the right to refund the price of the Products, leaving the shipping costs at the expense of the Customer.
In the event of an error concerning the Product, the Customer undertakes to return said Product or the Products interested in Tenuta Manelli Società Agricola s.r.l within 7 (seven) days of receipt, provided that they are returned with the closed packaging, in their original condition and packaging with the accompanying documents.

Once the Product has been received in the correct form and manner, Tenuta Manelli Società Agricola s.r.l will postpone, at its own expense, the Product initially ordered.

7. Major Force

The following cases are explicitly treated as cases of force majeure in addition to those normally considered by case law:
– total or partial strikes, internal or external to the company, blocking of means of transport or supply for any reason, governmental or legal restrictions, computer failures, blocking of telecommunications including networks and in particular the Internet.

In case of force majeure, the execution of the order will be suspended at first, in full law.

If after a period of 3 (three) months, the Parties note the persistence of the case of force majeure, the order will be automatically canceled, unless otherwise agreed by both Parties.

8. Right of Withdrawal

8.1 Pursuant to art. 5 del D. Lgs 22 May 1999 n. 185, the Customer (if it is qualified as a “consumer” pursuant to art.1 cap. b) of D. Lgs 22 May 1999 n. 185) has the right to withdraw from the contract and to return the Products ordered, without any penalty and without specifying the reason, within 15 (fifteen) working days of receipt of the Products.

8.2 The right of withdrawal referred to in the previous article 9.1 must be exercised by the Customer, under penalty of forfeiture, by sending an email to commerciale.italia@tenutamanelli.com

8.3 All returns (which must be perfectly intact and accompanied by the original packaging) must be authorized by the Customer Service (commerciale.italia@tenutamanelli.com). Once the return has been authorized, the Customer may return the Product to the following address: Tenuta Manelli Società Agricola s.r.l. – Via Ugo Foscolo 39, 72021 Francavilla F.na (BR). Parcels on delivery will not be accepted.

8.4 Once the Products have been received (and their integrity verified) Tenuta Manelli Società Agricola s.r.l. will credit the Customer with the cost of the returned Products within 48 hours (as indicated on the invoice), retaining the amount of shipping costs that will be definitively charged to the Customer.

8.5 The right of withdrawal referred to in Article 8.1 above cannot be exercised by the Customer in the event that the purchased Products consist of oil bottles that have been opened by the Customer or if the items sold had been ordered and produced expressly on the customer’s order.
In case of damage to the property during the transport of the goods in return, Tenuta Manelli Società Agricola s.r.l. will inform the customer of the event (within 5 working days from receipt of the goods in their warehouses), in order to allow him to lodge a timely complaint against the courier chosen by him and obtain a refund of the value of the property (if insured); in this case, the Product will be made available to the Customer for its return, simultaneously canceling the withdrawal request.
Tenuta Manelli Società Agricola s.r.l. is not liable in any way for damage or theft/ loss of goods returned with uninsured shipments.

During the withdrawal period referred to in Article 15, the Customer is responsible for the object as guardian. In case of damage or destruction of the Product during the custody of the Customer, will forfeit the right of withdrawal.

9. Payment

The order/order payment is due from the moment of the order.
The Customer undertakes to pay the agreed price for the Product ordered on the Site (price of the Products and transport) as well as to pay or have it paid, if necessary, and this directly to the carrier or carrier, VAT or other taxes related to the import of the Products into the countries where the delivery will take place.
The forms of payment accepted are: Paypal, bank transfer, cash on delivery.

The Customer guarantees to Tenuta Manelli Società Agricola s.r.l. the fact of having any necessary authorizations to use the payment method with the card when ordering.

If Tenuta Manelli Società Agricola s.r.l. does not receive the transfer within 10 days of confirming the order, Tenuta Manelli Società Agricola s.r.l. reserves the right to cancel the order. The bank details are provided at the time of ordering.

The Customer guarantees to Tenuta Manelli Società Agricola s.r.l. that it has the necessary authorizations to use the Paypal payment method when ordering.

For all countries in which customs duties are provided, these are intended at the expense of the buyer. The payment of these duties is a necessary condition for the delivery of the product ordered and purchased on the site.

10. Non-Payment – Reservation Title

The Products ordered remain the property of Tenuta Manelli Società Agricola s.r.l. until the final payment and in full of their price (pursuant to Art. 1523 and following of the CC.)
Tenuta Manelli Società Agricola s.r.l. reserves the right to claim the Products ordered in case of non-payment.

11. Reclaim

Complaints for non-compliance of the Products delivered with the order must be sent in writing directly to Tenuta Manelli Società Agricola s.r.l., immediately after receipt of the goods.
The Customer must keep the original packaging and the delivery document.

12. Nominative Data

The computerized processing of information, including the management of e-mail addresses of users of the site, is carried out in accordance with the provisions of law.
The personal information requested from the Customer is essential for the processing and forwarding of orders, the creation of invoices and any warranty agreements.
For this purpose, this information may be communicated to the contractual partners of Tenuta Manelli Società Agricola s.r.l.

The Customer may object to such communication and pursuant to the law makes use of the right of access, modification, correction and cancellation of data concerning him by contacting Tenuta Manelli Società Agricola s.r.l.. To avoid any attempt at fraud, Tenuta Manelli Società Agricola s.r.l. may ask you for proof of your identity, of your domicile.

13. Digital Signature

The “validation click” is an electronic signature.
This electronic signature shall have the same value between the parties as a handwritten signature.

14. Non-Waiver

For Tenuta Manelli Società Agricola s.r.l. the fact that it does not rely on a failure by the customer with respect to any of its obligations, cannot be interpreted as a waiver of the obligation in question and of the possibility of relying on that omission at a later stage.

15. Enteriness of the Contract

These general terms and conditions of sale constitute the entirety of the obligations of the parties.
No other general or particular condition communicated by the Customer may be inserted or exceed these general conditions.

16. Intellectual Property

Tenuta Manelli Società Agricola s.r.l. is the owner of the intellectual property rights of the Site and of the right to disseminate the elements that are contained in the catalog of the online store, therefore, partial or total reproduction, on any type of support, the elements that make up the Site and the catalogue, their use and their transfer to third parties are formally prohibited.

17. Nullity

If one or more of the provisions of these General Terms and Conditions is considered invalid or declared invalid under a law, regulation or by a final decision of a competent court, The other provisions shall retain all their force and value.

18. Place of Jurisdiction

In case of litigation and in the absence of an amicable agreement reached between the parties, without prejudice to the possible applicability of mandatory provisions of law for the protection of consumers (as defined pursuant to Article 1 letter b) of Legislative Decree no. 185 of 22 May 1999), any dispute related to these General Conditions, will be devolved to the exclusive jurisdiction of the Court of Trani.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Customer declares that he has carefully read and understood and specifically accepts the following clauses of the General Conditions of Sale Tenuta Manelli Società Agricola s.r.l.: 1-2-3-4-5-6-7-8-8.1-8.2-8.3-9-9.1-9.2-9.3-9.4-9.5-10-11-12-13-14-15-16-17-18-19.