General Shipping Terms & Conditions and Sales

 

The following General Terms and Conditions of Sales govern the offer and sale of products on this website www.sertura.it (website).

The products purchased on the Site are offered and sold by Sertura società Agricola srl Via Circumvallazione, 39- 83100 Avellino (AV) P.IVA/C.F. 02796850648, (from now on called Sertura).

 

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 the Legislative Decree 6 September 2005, n. 206 (Consumer Code) and Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.

1.2 The General Conditions of Sale can be changed at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. For this reason, users are invited to access the Site regularly and to consult, before making any purchase, the most updated version of the General Conditions of Sale. The applicable General Conditions of Sale are those in force on the date the purchase order is sent.

1.3 These General Conditions of Sale do not regulate the sale of products and/or the provision of services by parties other than Sertura that are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale. Sertura is not responsible for the provision of services and/or for the sale of products by such parties. On the websites that can be consulted through these links Sertura does not carry out any checks and/or monitoring. Therefore, Sertura is not responsible for the contents of these sites nor for any errors and/or omissions and/or violations of the law by them.

 

2. PURCHASES ON THE SITE

2.1 With reference to Italian citizens, sales on the Site are reserved only for those who have reached the age of 18. The buyer who is not an Italian citizen can purchase Products on the Site only if they are of legal age with respect to their national law. If there is no legislation in this regard, you must be at least 21 years old.

In any case, the user who makes purchases on the Site undertakes to indemnify Sertura from any liability in the event that he has made purchases on the Site without respecting his national law on purchase limits for reasons of age.

2.2 Sertura reserves the right to refuse or cancel orders that come (i) from a user with whom it has an ongoing legal dispute; (ii) by a user who has previously violated these General Conditions of Sale and/or the conditions and/or terms of a purchase contract with Sertura; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; (iv) by users who have released false, incomplete or in any case inaccurate identification data or who have not promptly sent the documents requested by the same to Sertura under these General Conditions of Sale or who have sent invalid documents; (v) from users who do not give sufficient guarantees of solvency. In any case, Sertura reserves the right to cancel orders referring to transactions that do not present an absolute degree of authenticity.

2.3 With regard to purchases on the Site, it could occur that: the purchase process contains one or more clerical errors; the Product Sheet, asinfra defined, contains incorrect information due to material errors (eg: the price of the Product); due to a material error, a Product is indicated as available and instead is not when preparing the order. In these cases, or in similar cases, the user can request cancellation of the order or obtain, in agreement with Sertura, a different Product, subject to any adjustment relating to the purchase cost.

3. REGISTRATION TO THE SITE

3.1 The purchase of Products on the Site is allowed only to registered users.

3.2 The registration credentials must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to make sure that no one has access to them, as well as to inform Sertura without delay in the event of suspected misuse and/or disclosure of the same. The user guarantees that the personal information provided during the registration process on the Site is complete and truthful. The user agrees to hold Sertura harmless from any damage, compensation obligation and/or sanction deriving from and/or in any way related to the violation by the user of the rules on registration on the Site or on the retention of registration credentials. To cancel your profile, please send an email to info@sertura.it

4. INFORMATIONS FOR THE CONCLUSION OF THE CONTRACT

4.1 In accordance with the Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Sertura informs the user that:

• to conclude the purchase contract for one or more Products on the Site, the user must fill out an order form in electronic format and send it electronically, following the instructions that will appear on the Site from time to time and that they will accompany the different phases of the purchase;
• the contract is concluded when the order form is received by the Sertura server;

• once the order form has been registered, Sertura will send the user, via e-mail to the e-mail address indicated, the order confirmation, containing the information relating to the characteristics of the Product purchased, the detailed price indication , the means of payment used, the delivery costs and any additional costs as well as the Customer Service contacts, which the user can contact to request assistance and/or submit complaints. It is recommended to keep the e-mail received as proof of purchase. The General Conditions of Sale and the information on the right of withdrawal, as well as the Privacy Policy of Sertura, will be available through links on the Website.

• the order form will be filed in the Sertura database for the time necessary to process the order and, in any case, in accordance with the law. To access their order form, the user can consult their account.

5. VALIDITY OF OFFERS AND PRICES

5.1 All prices of the Products are expressed in Euros (€) and are inclusive of Value Added Tax (“VAT”), unless otherwise specified. Any additional cost will be expressly and separately indicated in the order form, before the user proceeds to transmit it.

5.2 The price of the Products can be changed by Sertura at any time, without notice, it being understood that the price charged to the user will be the one published on the information sheet that illustrates the main characteristics of the Product (Product Sheet) at the time of sending the order. Any changes (increasing or decreasing) in the price subsequent to the transmission of the order will not be taken into account.

5.3 Products can be offered for sale on the Site at discounted prices. The full price indicated on the Site (Strikethrough Price), and with respect to which the discount applied by Sertura is calculated, corresponds to the list price published on the Site.

6. PURCHASE ORDERS – PRODUCT INFORMATION

6.1 Sertura will process the purchase order, and then ship the purchased Product, with the exception of orders for which the Customer has chosen “cash to courier” as a payment method, only after receiving confirmation of the authorization to the payment of the total amount due, consisting of the purchase price, the delivery costs, if applicable, and any other additional cost, as indicated in the order form (Total Amount Due). In the event that the Total Amount Due is not paid or the successful payment is not confirmed, the purchase contract will therefore be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code.

6.2 The Products will remain the property of Sertura until the payment by the user of the Total Amount Due is made. The risk of loss or damage to the Products, for reasons not attributable to Sertura, however, will be transferred to the user when the user, or a third party designated by him and other than the carrier, materially comes into possession of the Products.

6.3 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce the characteristics of the Products as closely as possible. Furthermore, the images of the Product in the Product Sheet may differ in terms of vintage and/or size or in relation to any accessory products. These images must therefore be intended as indicative and with the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will prevail.

6.4 All Products contain sulphites, as the wine production process itself implies the presence of sulphites in it. However, it is possible that other sulphites are added in the wine production process; in some cases, however, it is possible that “added” sulphites are not present in a wine.

6.5 The purchase of gift vouchers does not affect the payment threshold which, once exceeded, gives the user the right to obtain free shipping of the Products.

7. AVAILABILITY OF PRODUCTS

7.1 The products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.

7.2 In any case of unavailability of the ordered Product, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the civil code, the user will be promptly informed by e-mail or by phone. The user will therefore be entitled to terminate the contract, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code or in any case in which the payment of the Total Amount Due has already been made, Sertura will reimburse this amount without undue delay and, in any case, within a maximum period of 15 days, working 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 the other means agreed between the user and Sertura. 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 relating to a plurality of Products (Multiple Order), if the unavailability concerns only some Products subject to the Multiple Order, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the civil code, and without prejudice to the application of art. 7.2, Sertura will immediately notify the user by e-mail or telephone. The user will therefore be entitled to terminate the contract, limited to the Product (s) that have become unavailable, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code, in relation to the Product (s) that have become unavailable or in any case in which the payment of the Total Amount Due has already been made, Sertura will refund the amount due in relation to such Product (s), including delivery costs and any other additional costs due in relation to such Products (Partial Amount Due) without undue delay and, in any case, within a maximum period of 15 days working from sending the order. The refund amount will be communicated to the user via e-mail or telephone. This amount will be credited to the same means of payment used by the user for the purchase or through any means agreed between the parties. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. The termination of the entire Multiple Order will be possible only in the case of evident and proven accessory nature of the Products covered by the Multiple Order that have become unavailable compared to the other Products covered by the Multiple Order available.

8. DELIVERY OF PURCHASED PRODUCTS

8.1 The amount of delivery costs payable by the user in relation to a specific order is expressly and separately indicated (in Euros and inclusive of VAT) during the purchase process, in the order summary and, in any case, before that the user proceeds with the transmission of the same. In the event of failure to indicate a specific delivery term, this 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 material availability or in any case the control of the Products to the user.

It is up to the user to check the conditions of the Product that was delivered to him / that he has withdrawn.Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to Sertura, is transferred to the user when the user, or a third party designated by him and different from the carrier, materially comes into possession of the Product, it is recommended user to check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials and is invited, in his interest, to indicate any anomalies on the carrier’s transport document , accepting the package with RESERVE(eg. damaged package, wet package, non-original scotch branded Sertura). The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier and/or Sertura, in the event of loss or damage to the Products, except in the case in which the loss or damage is due to willful misconduct or gross negligence of the courier himself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as known and no later than eight days after receipt. In the event that the packaging shows obvious signs of tampering or alteration, the user is also recommended to promptly notify the Sertura Customer Service. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid.

 

8.3 Sertura carries out shipments throughout the Italian territory, excluding the state of Vatican City and the Republic of San Marino and will only deliver to the user’s home, provided at the time of purchase. Delivery is made, for the Italian territory, generally within 7 working days, or, if no delivery date is specified, within the estimated deadline at the time of selecting the delivery method and, in any case, within the maximum deadline of thirty days from the date of confirmation. As for the countries of the European Union, delivery will be made in 10 working days, and in any case, within a maximum period of thirty days. In non-EU territories, delivery will take place roughly in 20 working days. If delivery is not possible, the order will be sent to the warehouse. In this case, a notice will specify the place where the order is located and how to agree on a new delivery. If the user is not able to be present at the place of delivery, he will have to contact us again to agree on a new delivery date. If the delivery cannot take place for reasons not attributable to us after thirty days from the date on which the order is available for delivery, we will assume that we intend to terminate the contract. As a result of the termination, the amounts will be returned, including delivery costs with the exclusion of any additional costs deriving from the choice of a delivery method other than the ordinary method offered without undue delay and, in any case, within 29 days from the date of delivery, termination of the contract. The transport resulting from the termination of the contract may have additional costs that will be borne by the buyer. Shipping costs are charged to the buyer and are explicitly highlighted at the time the order is placed.

8.4 The provisions of art. 61 of the Consumer Code in the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation.

9. METHOD OF PAYMENT

9.1 The payment of the Products can be made by credit card, through the PayPal payment solution, cash on delivery or bank transfer. In the event that one of these payment methods/solutions cannot be used in relation to 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 Payment for the Products can be made by credit or debit card directly through the Site.

9.2.2 In order to ensure the security of payments made on the Site and prevent any fraud, Sertura reserves the right to ask the user, by e-mail, to send, by the same means, a front/back copy of his identity card and, in the event that the holder of the order is different from the holder of the card, the identity card of the latter. The document must be valid. The deadline by which the document must be received will be specified in the e-mail request. This deadline will not, in any case, exceed 5 working days from the receipt of the request by the user. Pending the requested document, the order will be suspended. The user is required to send the requested documents within the specified deadline.

9.2.3 In the event that Sertura does not receive such documents within the deadline specified in the request e-mail or receives expired or invalid documents, the contract will be considered terminated by law pursuant to and for the purposes of art 1456 of the Italian Civil Code and Sertura may reserve the right to cancel the order, resulting in a refund of the Total Amount Due.

9.2.4 In the event of receipt of valid documentation by Sertura within the term indicated in the e-mail referred to in art. 9.3.2 above, the delivery terms will run from the date of receipt of the same.

9.2.5 The confidential data of the credit card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by Sertura. Therefore, Sertura never has access to and does not store the data of the credit card used by the user for the payment of the Products (even in the event that the user has decided to store the credit card data on the Site), with the exception of the name of the credit card holder.

9.3 Payment via PayPal payment solution

9.3.1 Payment for Products purchased on the Site can be made using the PayPal payment solution. If the user chooses PayPal as a means of payment, he will be redirected to the website www.paypal.it where he will pay for the Products according to the procedure provided and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with Sertura. The latter is therefore unable to know and does not in any way store the credit card data connected to the user’s PayPal account or the data of any other payment instrument connected with this account.

9.3.2 In the case of payment by PayPal, the Total Amount Due will be charged by PayPal to the user at the same time as the conclusion of the contract through the Site. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the refund due to the user will be credited to the user’s PayPal account, unless otherwise agreed between the User and Sertura. The credit times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, Sertura cannot be held responsible for any delays or omissions in crediting the user with the refund amount, to dispute which the user must contact PayPal directly.

9.4 Cash on delivery

9.4.1 In the case of payment by cash on delivery, the user must have, at the time of delivery, the Total Amount Due, in cash. The courier is not authorized to accept checks. In the event that, for any reason, the customer who has chosen the cash on delivery as a means of payment should be entitled to a refund, Sertura will agree with the user by e-mail or telephone how to make this refund.

9.5 Bank transfer

9.5.1 If the user decides to pay by bank transfer, the order will be shipped as soon as the amount of the order has been credited.

 

10. RIGHT OF WITHDRAWAL

10.1 The user who acts as a consumer has the right to withdraw from the contract concluded with Sertura without having to incur costs other than those indicated in this article and without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:

• in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Product;
• in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product;
• in the case of an order related to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece.

10.2. To exercise the right of withdrawal, the user must inform Sertura of his decision to withdraw, before the expiry of the Withdrawal Period.

10.3 To exercise the right of withdrawal, the user must send an email to info@sertura.it with an explicit declaration of their decision to withdraw from the contract (Declaration of Withdrawal). Since the burden of proof relating to the exercise of the right of withdrawal before the expiration of the Withdrawal Period is borne by the user, it is in the user’s interest to keep a copy of the email sent to Sertura with the Declaration of Withdrawal.

10.4 For the return of the Product, the user can use a carrier of his choice with return costs charged to the user: in this case, the user, after having exercised the right of withdrawal in the manner indicated in this article , must return the Product to Sertura, using a carrier of his choice and at his own expense, without undue delay and in any case within the term of 20 calendar days from the date on which he communicated his decision to withdraw. The deadline is met if the user returns the Product before the expiry of the fourteen-day period. The Product, properly protected and packaged, must be sent to the following address:

Sertura società Agricola srl

Contrada Stazione 16/A

Montefalcione (AV) – 83030

P.IVA/C.F. 02796850648

The direct costs of returning the Product to Sertura are borne by the user. The return of the Product to Sertura takes place under the responsibility of the user..

If the user has used a discount code for the purchase of the Product for which he has exercised the right of withdrawal, the refund will be made only with reference to the amount of money actually spent by the user, and not with regard to the value of the discount code.

10.5 If the user withdraws from the contract, Sertura will reimburse 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 Sertura received the Products subject to withdrawal in the same conditions in which they were sold. The refund will be made using the same payment method used by the user for the initial transaction or the other means agreed between the parties; in any case, the user will not have to incur any additional costs as a result of this refund.

10.6 In the case of partial withdrawal, the amount of delivery costs to be returned to the user following the withdrawal will be calculated in proportion to the value of the goods subject to withdrawal.

10.7 The user is solely responsible for the decrease in the value of the goods resulting from the manipulation of the Product other than that necessary to recognize the Product with certainty. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, accompanied by all the accessories present, still attached to the Product and intact and not tampered with, as well as free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and / or accessories (which do not constitute autonomous Products) of the Product.

10.8 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. Sertura will notify the user, rejecting the request for withdrawal. The Product, if it has already been received by Sertura, will remain at Sertura’s available to the user for collection which must take place at the expense and under the responsibility of the user.

10.9 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to clearly identify the same, the refund amount will be reduced by an amount equal to this decrease in value. Of the circumstance and the consequent reduced refund amount, Sertura will notify the user, providing the same, if the refund has already been paid, the bank details for the payment of the amount due by the user due to the decrease in value of the product.

10.10 In the event that, in the event of one of the legal hypotheses, the right of withdrawal does not apply, this exclusion will be specifically and explicitly communicated in the Product Sheet and, in any case, during the purchase process, before the user proceed with the transmission of the order. In any case, the user is reminded that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, among other things, in the event that the sale concerns:

(i) products made to measure or clearly personalized;
(ii) of sealed products that cannot be returned for hygienic reasons or related to health protection, which have been opened after delivery.

11. MISCELLANEOUS

11.1 By placing an order on the Site, the user gives consent to receive the invoice, if requested, only in electronic format. The invoice can be printed and filed as an original in accordance with Ministerial Circular 45 / E, 19/10/2005. For the issuance of the invoice, the information provided for this purpose by the user will be authentic, which he declares and guarantees to be true, undertaking to hold Sertura harmless and harmless from any damage, including penalties issued by the competent authorities, which may arise in the same case of non-compliance with the truth.

11.2 Photos, texts, descriptions and all that is contained in the Site are the property of Sertura Società Agricola srl. Reproduction in whole or in part of any part of the Site is prohibited; It is also forbidden to reproduce texts or photos for any use and in any form and in any case without the prior written authorization of Sertura Società Agricola srl.

11.3 Sertura is not responsible for any damage suffered by the user or third parties or property of the user or third parties due to delays in delivery or related to the use of the Product.

12. LEGAL GUARANTEE OF CONFORMITY

All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Legislative Decree n. 128-135 of the Consumer Code (Legal Guarantee). The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. Those who have purchased on the Site and who do not have the quality of consumers will be subject to the guarantees for defects in the thing sold, the guarantee for defects in quality promised and essential and the other guarantees provided for by the civil code with the relative terms, forfeiture and limitations.

 

13. APPLICABLE LAW AND JURISDICTION; EXTRA-JUDICIAL COMPOSITION OF DISPUTES – ALTERNATIVE DISPUTE RESOLUTION / ONLINE DISPUTE RESOLUTION

13.1 The contracts concluded between the users of the Site and Sertura are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, at the deadline for the return of the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.

13.2 Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), Sertura informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, which, in the event that he has submitted a complaint to Sertura, as a result of which it has not been possible to find a negotiated solution, Sertura will provide information about the Alternative Dispute Resolution bodies for out-of-court resolution disputes relating to the obligations deriving from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis and following of the Consumer Code).

Sertura also informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform is available at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user can consult the list of ADR bodies, find the link to the site of each of them and start an online resolution procedure for the dispute in which he is involved.

In any case, the consumer’s right to appeal to the competent ordinary judge for the dispute arising from these General Conditions of Sale is reserved.

13.3 The user residing in a member state of the European Union other than Italy can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.

 

14. CUSTOMER SERVICE AND COMPLAINTS

14.1 It is possible to request information, send communications, request assistance or submit complaints by contacting Customer Service in the following ways:

• Telephone: +39 388 899 2450 (from Monday to Friday: 9:00-13:00 and 14:00-18:00)
• Email: info@sertura.it
• Using the contact form of Sertura.

14.2 Sertura will respond promptly to complaints presented, in any case within five working days of receiving them.