Terms & Conditions

FOREWORD

These General Conditions of Sale regulate the purchase, through telematic methods, of products (“Products”) presented on the site https://www.cr3ativeclienti.it/melacotogna/ (“Site”), managed by Melacotogna Vini e Affini di Pepe Giovanna Rita p.iva 05382480753, with registered office at Via Persico, 31 – 73050 Salve (LE), tel. 3299734812, e-mail info@cr3ativeclienti.it, registered with the Lecce Chamber of Commerce (hereinafter “Melacotogna Vini e Affini di Pepe Giovanna Rita”).

These General Terms and Conditions of Sale form an integral and essential part of the contract for the purchase of any Product and govern exclusively the offer, transmission, acceptance, shipment, terms of purchase and right of withdrawal of purchase orders for Products on the Site https://www.cr3ativeclienti.it/melacotogna/ between users of and the company Melacotogna Vini e Affini di Pepe Giovanna Rita

On the other hand, these General Terms and Conditions of Sale do not regulate the provision of services or the sale of products by parties other than Melacotogna Vini e Affini di Pepe Giovanna Rita that are present on the Site through hyperlinks, links or banners. Before purchasing products and services from parties other than Melacotogna Vini e Affini di Pepe Giovanna Rita, it is strongly recommended that you carefully check the terms and conditions of sale of third parties, becausewww.melacotognavinieaffini.com is not responsible for the provision of services by external parties or for the conclusion of contracts between users of Melacotogna Vini e Affini di Pepe Giovanna Rita and third parties.

The General Conditions of Sale applicable are those in force on the date of transmission of the purchase order. They may be modified at any time by Melacotogna Vini e Affini di Pepe Giovanna Rita and any changes will be in force from the time of their publication on the Site.

The purchase of the Products shall be governed, in addition to these Introduction and the special conditions of each individual order, exclusively by the provisions contained in the following paragraphs of these General Conditions of Sale. Finally, it should be noted that the provisions of the General Terms and Conditions of Sale referring to Consumers (as defined below) shall apply exclusively to persons falling under the relevant definition. Consumers will benefit, in particular, from all the protections provided for in the case of conclusion of distance contracts under Title III, Section II, of Legislative Decree No. 206 of September 6, 2005 (“Consumer Code”), as well as all further protections provided for, in favor of Consumers, by the Consumer Code itself and any other applicable law.

1. INFORMATION AT WWW.MELACOTOGNAVINIEAFFINI.COM.

www.melacotognavinieaffini.com is an Italian-language food e-commerce service.

The contents of the Site (text, graphics, images and animations) are protected by copyright: therefore, their reproduction and publication in any form is prohibited without written permission from Melacotogna Vini e Affini di Pepe Giovanna Rita

Trademarks, logos and other distinctive signs of various kinds on the Site belong to their respective owners. The use of trademarks, logos and other distinctive signs, including reproduction on other Internet sites, by unauthorized third parties is prohibited.

www.melacotognavinieaffini.com does not sell used, irregular, or substandard products below the corresponding standards offered in the market.

1. SCOPE AND CONCLUSION OF THE CONTRACT

The offer and sale on the Site of the Products configure a distance contract governed by art. 49 et seq. of Legislative Decree September 6, 2005, no. 206, as amended by Legislative Decree no. 21/2014 (“Consumer Code”), and by Legislative Decree April 9, 2003, no. 70, containing the regulation of electronic commerce.

Customer is the person (natural or legal) who makes a purchase on the Site, accepting the General Conditions of Sale (hereinafter, Customer). Before making a purchase, the Customer must read these General Conditions of Sale and accept them by placing a flag in the box indicated.

The Customer undertakes to verify the correctness of the data in the order summary and to change any errors before proceeding to payment. At the time of transmitting the order, the Customer consumer or professional user unconditionally accepts and undertakes to observe, in his dealings with Melacotogna Vini e Affini di Pepe Giovanna Rita, the general and payment conditions set out below, declaring that he has read and accents all the information provided to him during the purchase procedures.

1. CONCLUSION OF THE CONTRACT

Both natural and legal persons are allowed to purchase. The buyer who at the time of registration enters the VAT number cannot be considered a Consumer within the meaning ofArticle 3, paragraph 1, letter a) of the Consumer Code (a consumer is defined as a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity).

In order to proceed with the purchase of one or more Products through the Site, it is not necessary for the Customer to create a personal account, since it is also possible to fill in the order in guest mode by providing Melacotogna Vini e Affini di Pepe Giovanna Rita with all the necessary data to enable it to accept and execute the orders placed, authorizing it to process them in accordance with the current provisions on the protection of personal data.

However, it is recommended that you fill out the appropriate form to register and create a personal account, as this will allow the Customer to keep track of all orders placed on the Site, store all shipping addresses, and have access to other useful features that Melacotogna Vini e Affini di Pepe Giovanna Rita reserves the right to include in the future.

Once on the Site, the Customer can select one or more Products that will make up his or her virtual “shopping cart,” the contents of which he or she can always view or modify before placing the Order.

Any Order placed in this manner shall be understood, for all purposes, as a contractual proposal by the Customer. The placing of the Order by the Customer will be promptly followed by the receipt of a confirmation e-mail from Melacotogna Vini e Affini di Pepe Giovanna Rita on the e-mail account communicated during the order. By sending this e-mail, Melacotogna Vini e Affini di Pepe Giovanna Rita will also inform the Customer whether or not the Order can be accepted (Order Confirmation).

In case of non-acceptance, the Customer may not make any rights or claims in any capacity against Melacotogna Vini e Affini di Pepe Giovanna Rita.

The Order shall in any case be deemed accepted – and consequently the Contract concluded – at the moment when the Customer receives, on his/her e-mail address, the e-mail containing the confirmation of the Order acceptance by https://www.cr3ativeclienti.it/melacotogna/

The date and mode of delivery will be communicated by email after payment and subsequent shipment.

1. PURCHASE ORDERS

The Customer agrees to verify the accuracy of the information in the Order Summary and to promptly notify us of any corrections through the available contacts included on the Site or in this notice.

The Customer who made the purchase will be able to access their order and check its status by logging into their personal profile in the My Account section.

Once the contract is concluded, https://www.cr3ativeclienti.it/melacotogna/ will take charge of the purchase order, reserving the right not to process all purchase orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect or in case of unavailability of products.

In these cases, https://www.cr3ativeclienti.it/melacotogna/ will provide adequate information by e-mail or telephone (using the data entered by the Customer at the time of purchase) within 7 (seven) days (excluding Saturdays and holidays) of receipt of the order, specifying the reasons.

In the event that https://www.cr3ativeclienti.it/melacotogna/ does not accept or cancels an order for which payment has already been made, https://www.cr3ativeclienti.it/melacotogna/ will promptly refund the full amount received, in the same manner used by the customer to pay, as soon as the Customer has provided the necessary information.

It is, however, understood that the return of the price represents the sole burden on Melacotogna Vini e Affini di Pepe Giovanna Rita for the non-acceptance or cancellation of the order, being in this regard excluded any form of liability borne by https://www.cr3ativeclienti.it/melacotogna/

With the telematic transmission of the order form, the Customer confirms that he/she knows, accepts and undertakes to unconditionally observe, in his/her dealings with Melacotogna Vini e Affini di Pepe Giovanna Rita, these General Terms and Conditions of Sale and the further information contained in the Site, also referred to through links, including the Privacy Policy Conditions.

1. TRANSFER OF RISK AND OWNERSHIP

If the Customer is not a Consumer, as provided for in art. 1510, paragraph 2, Civil Code, the ownership of the Product passes to the Customer the moment the Product itself is delivered to the carrier or forwarding agent for delivery at the Customer’s domicile or at the address indicated by the Customer at the time of the order. The Product therefore travels at the Customer’s risk, it being agreed that each shipment is carried out for the Customer’s precise assignment and account and that, therefore, Melacotogna Vini e Affini di Pepe Giovanna Rita is exempt from any liability from the moment it is delivered to the carrier/shipper.

If the Customer is a Consumer, as provided for in Article 63 of the Consumer Code, the risk of loss of or damage to the Products due to causes not attributable to Melacotogna Vini e Affini di Pepe Giovanna Rita, is transferred to the Customer only at the moment in which the latter, or a third party designated by him and different from the carrier, materially takes possession of the Products.

1. PRODUCT RETURN AND RIGHT OF WITHDRAWAL

Subject to the guarantee under Art. 128 et seq. D. Lgs. 206/2005, if the Product should present manufacturing defects, the Consumer may request the replacement of the same within the mandatory term of 14 days from receipt by means of an express request using the “Contacts” section on the website https://www.cr3ativeclienti.it/melacotogna/. In this case, the Consumer is required to return the defective or damaged product in its original packaging intact in all its parts.

In the event of replacement of the Product, the shipping costs for the return of the defective product shall be borne by the Customer, while the costs for shipping the new Product shall be borne by Melacotogna Vini e Affini di Pepe Giovanna Rita, which will carry out the requested replacement within a reasonable period of time from receipt of the Consumer’s request with an identical Product or, in the event of stock out and subject to agreement with the Consumer, with one of equivalent value. In the event of failure to reach an agreement between Melacotogna Vini e Affini di Pepe Giovanna Rita and the Customer, the amount already paid will be refunded.

It is the Consumer’s responsibility to describe in as much detail as possible the nature of the defect or defect found and, if necessary, to forward copies of the Order documents, or to indicate the Order number, the Consumer’s telephone number and Customer code, and any other data useful for the correct identification of the claim.

In general, https://www.cr3ativeclienti.it/melacotogna/ has the right not to accept the return of Products that have been altered in their essential and/or qualitative characteristics or that have been tampered with or damaged. Moreover, no return of items will be allowed without the prior written consent of https://www.cr3ativeclienti.it/melacotogna/ except as indicated below.

https://www.cr3ativeclienti.it/melacotogna/ guarantees, however, replacement if the delivered Products do not match the order placed by the Customer or if they arrive broken.

6.1. RIGHT OF WITHDRAWAL AND ORDER CANCELLATION

The following rules regarding the right of withdrawal are applicable only in relation to Orders placed by Consumers. For this category of Customers, there is also the possibility to cancel the Order by promptly contacting Melacotogna Vini e Affini di Pepe Giovanna Rita.

The request for cancellation of the Order may not be granted if the Products are in the process of being shipped, or if Melacotogna Vini e Affini di Pepe Giovanna Rita has already begun performance anyway.

Pursuant to Articles 52 et seq. of the Consumer Code, the Customer who holds the quality of Consumer has the right to withdraw from the contract for the purchase of the Product, without any penalty, within the term of 14 (fourteen) days from the receipt of the Product (or in the case of multiple goods ordered by the consumer through a single order and delivered separately, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last good)

The Customer who wants to exercise the withdrawal must, within 14 (fourteen) days from the date of receipt of the Product, make a request to the email address info@cr3ativeclienti.it indicating personal details, the Order Number assigned and the items for which the withdrawal is requested. The Customer is also advised to attach a copy of the purchase tax documentation to the withdrawal notice.

Upon receipt of the notice of withdrawal, the Customer is notified of the address to which to ship the Product, which must be returned according to the instructions provided to the Customer within 8 (eight) calendar days. For the purposes of the deadline, the Product shall be deemed to have been returned at the time it is delivered to the accepting post office or forwarding agent.

The substantial integrity of the goods is an essential condition for the exercise of the right of withdrawal. The Product must therefore be kept with normal diligence and returned intact, complete in all its parts, with no signs of damage or opening of the warranty seals.

The cost of returning the Product shall be borne by the Customer. The return takes place under the full responsibility of the Customer until proof of actual receipt of the Product. The Customer shall be liable for any damage that the Product may suffer in transit.

Provided that the Customer has complied with the procedures, terms and conditions for the exercise of the right of withdrawal, Melacotogna Vini e Affini di Pepe Giovanna Rita will proceed, within 14 (fourteen) days from the date on which it became aware of the exercise of the right of withdrawal, to reimburse the sums paid by the Customer for the Product following the same payment methods as the Customer at the initial stage of purchase. The refund will not include the cost of redelivery.

In accordance with the provisions of art. 56, paragraph 3, of the Consumer Code, Melacotogna Vini e Affini di Pepe Giovanna Rita may withhold the refund until the goods have been returned or until the Consumer has demonstrated that he/she has returned the goods. The refund will be made through the procedure of transferring the amount charged to the Customer’s credit card, in the event that he/she has used this method of payment, or, in all other cases, by bank transfer. In the latter case, it will be the Customer’s responsibility to promptly provide in writing, including in the same notice of withdrawal, the bank details to allow Melacotogna Vini e Affini di Pepe Giovanna Rita to make the refund.

The Customer is required to return the goods or deliver them to Melacotogna Vini e Affini di Pepe Giovanna Rita without undue delay and, in any case, no later than 5 days from the receipt of the email accepting the return, at the company’s physical address: Melacotogna Vini e Affini di Pepe Giovanna Rita Via Persico, 31 – 73050 Salve (LE)

6.2 EXCLUSION OF THE RIGHT OF WITHDRAWAL

As provided in Article 59 of the Consumer Code, the right of withdrawal does not apply:

1. In the case of supplying custom-made or clearly customized goods that are likely to deteriorate or alter rapidly;
2. If the package is not sealed;
3. In case the purchase is made during Promotional Offers, etc;
4. In the case of delivery of sealed goods that have been opened after delivery;
5. to professionals and companies to whom an invoice was issued not falling under private individuals;

In the event that the withdrawal has not been exercised in accordance with the provisions of Articles 52 et seq. Consumer Code and, in particular, in the event that the Product is not intact in all its parts and / or is missing the original packaging, when it is part of the Product, or even when it is damaged or worn even in part by the Customer, this will not result in the termination of the contract and, consequently, will not entitle the Customer to a refund of the amount paid by the Customer for the Product. In this case, the Product will be made available to the Customer, so that he can return it to his possession, at his own expense.

6.3 TIMING AND METHOD OF REIMBURSEMENT

Having carried out the return of the Products, Melacotogna Vini e Affini di Pepe Giovanna Rita shall make the necessary verifications regarding the conformity of the same with the conditions and terms indicated in this notice. In the event that the verifications are positively concluded, Melacotogna Vini e Affini di Pepe Giovanna Rita shall send to the Customer, via e-mail, the relevant confirmation of acceptance of the Products thus returned and the refund shall be activated by as soon as possible and in any case within fourteen (14) days from the date on which Melacotogna Vini e Affini di Pepe Giovanna Rita became aware of the exercise of the right of withdrawal.

In the event that there is no correspondence between the recipient of the Products indicated in the order form and the person who made the payment of the sums due for their purchase, the reimbursement of the sums, in the event of the exercise of the right of withdrawal, will be carried out by Melacotogna Vini e Affini di Pepe Giovanna Rita – in any case – towards the person who made the payment.

1. PRODUCT AVAILABILITY AND INFORMATION

The Products offered by Melacotogna Vini e Affini di Pepe Giovanna Rita on the Site are usually in stock at the time of the Order. That said, the actual availability of a Product is, moreover, only indicative, depending on the number and amount of orders placed by Customers in the very short period. Orders may therefore be subject to quantity limitations and Products are offered within the limits of actual stock availability. In case of lack of one or more Products, will be promptly notified by Melacotogna Vini e Affini di Pepe Giovanna Rita, which reserves the right to propose to the Customer to change the Order placed or to cancel it, returning in the latter case any amount paid by the Customer in the days immediately following and in any case within a maximum of 14 days from the date of payment.

All information and indications contained on Product labels and product sheets (visible directly on the Site) are made by Melacotogna Vini e Affini di Pepe Giovanna Rita, which guarantees their correctness and truthfulness. For any reports or additional information, the Customer may contact Melacotogna Vini e Affini di Pepe Giovanna Rita by e-mail.

The images of the Products for sale on the Site may, moreover, not be perfectly representative of their characteristics, but differ in color, size, Accessory Products or other, also due to the characteristics of the Internet browser and/or monitor used. Such purchase support information is therefore intended as generic and purely indicative information material.

1. LIMITATIONS ON USE.

Melacotogna Vini e Affini di Pepe Giovanna Rita assumes no responsibility for damage to property or persons caused by the improper use of the product purchased through the Site.

1. PRICES

All prices published on the Site are in Euros and are inclusive of VAT, shipping and packaging. https://www.cr3ativeclienti.it/melacotogna/ reserves the right to change the price of the Products at any time. It is understood that the price of the Product that will be charged to the Customer will be the one indicated on the Site at the time of the order and that no account will be taken of any changes (upward or downward) subsequent to the transmission of the same.

1. LIMIT OF LIABILITY

These general terms and conditions outline the entire scope of Melacotogna Vini e Affini di Pepe Giovanna Rita’s liability with respect to the items sold on the Site https://www.cr3ativeclienti.it/melacotogna/, to the exclusion of any other warranties, conditions and terms, express or implied, established by law, including with reference to the quality or suitability of the items for specific uses, except in any case those warranties that, by law, cannot be waived, with particular reference to the provisions of Article 1229 of the Civil Code and on the subject of liability for damage caused by defective products and consumer protection.

Melacotogna Vini e Affini di Pepe Giovanna Rita offers no warranty or liability for the unsuitability of the products for the purposes claimed by the Customer and in no event shall it be liable for any loss of profit or for any indirect damage suffered by the Customer as a result of a fact, act or omission attributable to Melacotogna Vini e Affini di Pepe Giovanna Rita under these general conditions or otherwise in connection with the sale and purchase that is the subject of these general conditions.

1. LEGAL WARRANTY OF CONFORMITY

All New Products sold on the Site are covered by the Legal Warranty of Conformity provided for in Articles 128-135 of the Consumer Code (“Legal Warranty”).

The Legal Warranty is reserved for consumers. It, therefore, applies only to Customers who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. In order to take advantage of the Legal Warranty, the Customer must therefore first provide proof of the date of purchase and delivery of the goods. It is advisable, therefore, that the Customer, for the purpose of such proof, keep the receipt of purchase, as well as the DDT or any other document that can attest to the date of making the purchase.

Excluded from the scope of application of the Legal Warranty are any defects caused by accidental facts or by the Customer’s responsibility or by use of the product not in accordance with its intended use and/or with what is provided in the technical documentation attached to the product.

In case of conformity defect duly reported within the terms, the Customer has the right:

• Primarily, to the free replacement of the asset;
• secondarily (i.e., in the event that replacement is impossible, for example, because the product is no longer available or the replacement has not been carried out within a reasonable period of time or the replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or termination of the contract, at its option.

1. PRIVACY POLICY.

The processing of Customers’ personal data by Melacotogna Vini e Affini di Pepe Giovanna Rita will be carried out with respect for the fundamental rights and freedoms and dignity of the persons concerned, with particular reference to confidentiality, personal identity and the right to protection of personal data, in accordance with the provisions of the Privacy Code and the information made available to Customers at the time of registration with the Site and before placing an Order.

For any further information about the Privacy Policy you can send inquiries to our e-mail address or to the address of the registered office of Melacotogna Vini e Affini di Pepe Giovanna Rita.

1. APPLICABLE LAW AND DISPUTE RESOLUTION

These General Conditions of Sale are governed by Italian law and subject to Italian jurisdiction. The application to them of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

For any dispute concerning the validity, execution or interpretation of these General Conditions of Sale and their effects, the competent court shall be: a) the Court of the place of residence or domicile of the Customer, if the Customer is a consumer and is resident or domiciled in Italy; b) exclusively the Court of Lecce, in any other case, without prejudice to the application of the mandatory rules for the protection of the Consumer referred to in Legislative Decree no. 206/2005.