Sales Conditions
Contractual terms
WEBDIVINO.IT, WEBDIVINO.COM, ENOTECALUCANTONI.IT, ENOTECALUCANTONI.COM are Internet names used by Enoteca Lucantoni's virtual store.
- Company name: Enoteca F.lli Lucantoni
- Corporate legal status: S.r.l.
- Legal address: Largo di Vigna Stelluti, 33 - 00191 - Rome
- Tel: +39 06 3293743
- E-mail: info@enotecalucantoni.it
- Incorporation with the Rome Chamber of Commerce: 384783/1973
- VAT number: 01106950585
Contracts stipulated through the Internet site www.webdivino.com fall within the category of "E-commerce sales agreements". Such agreements are distance contracts stipulated between a supplier, ENOTECA LUCANTONI, whose legal address is in Largo Vigna Stelluti, 33 - 00191 Rome, and a consumer, a physical person who purchases goods and services for reasons which are not directly referable to a professional activity.
The purchase agreement is perfected through the exact compilation and consensus to buy manifested through a consent provided "on line", i.e. by underwriting the electronic order form.
Sales prices and buying procedures
All sales prices exhibited are inclusive of 20% VAT.
Shipping modes and costs
ENOTECA LUCANTONI shall see to shipping to its customers the products selected and ordered by means of a courier service and/or shipping agents in its trust, or, at the company's unquestionable judgement, directly from the company's location, in cases where the customer's shipping address is situated in those areas served directly by its delivery service. Shipments are properly packed, using waterproof, non-deformable packaging. Delivery times can vary from a minimum of 1 day to a maximum of 10 days, and do not, in any case, exceed those stipulated under art. 6 of Legislative Decree 185/1999. Shipping costs are linked to the overall weight of the goods and the end destination, as indicated in the appropriate table.
Availability of products
The computerized system at ENOTECA LUCANTONI is designed to provide immediate shipment of orders and avoid needless waiting for customers. Should an order exceed existing quantities in the storeroom, the Webdivino staff will notify the buyer via e-mail of the product's waiting time. The buyer shall thus decide whether to wait or request the order's cancellation at no additional costs.
Right to recede and order cancellation
The buyer shall have the right to recede if for any reason he or she is unsatisfied with the purchase. Notification of the right to recede must be received within 10 days of the date of reception of the goods, via:
- FAX: +39 06 063292338;
- letter with return notification addressed to: Enoteca F.lli Lucantoni - Largo di Vigna Stelluti, 33 - 00191 Rome (Italy);
The goods must be shipped at the customer's expense. The right to recede applies only to goods that are intact when returned, and cannot be exercised for products which by their very nature cannot be returned or risk rapid alteration or deterioration. The customer shall be reimbursed for the entire sum purchased when the above conditions have been met, within a maximum term of 20 days.
Supplier's rights, duties and responsibilities
ENOTECA LUCANTONI shall not assume any responsibility for disservices arising due to force majeur and/or fortuitous occurrences such as accidents, theft and/or robberies to the courier charged with the shipment of the goods, fires, explosions, earthquakes, labour strikes and/or lock-outs, floods and other similar events which may inhibit, in full or in part, the execution of services in the times and modalities agreed to contractually. ENOTECA LUCANTONI shall not be held responsible with respect to any party regarding damages, losses and expenses incurred following a failure to execute the agreement due to the abovementioned causes, as the customer has the sole right of being reimbursed the sum agreed to.
In equal terms, ENOTECA LUCANTONI shall not be held responsible for fraudulent and/or illicit use by third parties, of credit cards, cheques and other means of payment, upon the act of payment of the products purchased. At no point in time during the purchasing procedure is ENOTECA LUCANTONI in a position to know the buyer's credit card number, since the latter is transmitted directly to the administrator of the banking service.
Customer's rights, duties and responsibilities
The customer accepts the obligation, once the purchasing procedure has been completed ?on line?, to printing and conserving a copy of the present general conditions, which the customer shall have read and accepted as a mandatory step in the purchase of the products. The present general conditions can be updated at any time by ENOTECA LUCANTONI, which shall provide notice to its customers directly through this WEB space and through informative e-mail messages. The customer accepts the obligation, every time a modification is brought to the present general conditions, of printing and conserving a copy.
It is absolutely forbidden for the buyer to provide false information in the registration procedure required for activating the present contract. The Customer frees ENOTECA LUCANTONI of any responsibility deriving from the issuing of incorrect fiscal documents due to errors related to information provided by the customer, the customer being the sole party responsible for correctly providing such information.
Banking authorization
By compiling the appropriate space in the banking payment system website, the Customer authorizes ENOTECA LUCANTONI to make use of the credit card indicated, billing the related bank account in favour of ENOTECA LUCANTONI the total sum shown as the cost of the purchase carried out ?on line?. The entire procedure is performed through a protected connection, connected directly with the banking institute holder and administrator of the ?on line? payment service, to which ENOTECA LUCANTONI can in no way access.
Contractual rescission and expressed resolutive clause
The customer has the right to rescind from the order within and not beyond 24 hours from having sent off the online order form. Subsequent to this time limit, the Customer can avail itself of the right of contractual rescission in accordance with the modalities indicated above.
In the case of a cancellation of the order on the part of ENOTECA LUCANTONI, due to the impossibility of its execution, beyond the delivery time indicated on the purchase act, the Customer shall have the right to receive a full reimbursement of the sum transacted regardless of the type of payment chosen. ENOTECA LUCANTONI shall also avail itself of its right to rescind from the stipulated contract, simply by communicating it to the Customer with adequate and justified reasons; in this case, the Customer shall have the sole right of being reimbursed for the sum already transacted.
The obligations assumed by the Customer through the acceptance of clauses indicated, as well as the guarantee of due payment the Customer carries out through authorized means are of an essential nature. By expressed agreement, a default on the part of the Customer, even of just one of the aforementioned obligations shall determine the rescission of contractual rights, as per art.1456 of the civil code, without the need for a judicial sentence, excepting the right on the part of ENOTECA LUCANTONI to take judicial action for the compensation of further damages.
Problems and irregularities
The purchasing of products is executed by means of an online information system that is designed, developed and maintained by MEDITA S.r.l. Any notifications of operating irregularities by the purchasing system (virtual shopping cart) can be sent to this address info@medita.com indicating: the Customer's information (name, surname, telephone number) date, and the type of irregularity encountered.
Jurisdiction and Court of law
Any controversies arising in relation to the application, execution, interpretation and violation of purchase contracts stipulated ?on line? through the website www.webdivino.com or .it sites affiliated to it are subject to Italian jurisdiction. The present general conditions relate to, inasmuch as it is not expressly foreseen therein, the joint provisions of legislative decree no. 50 dated 15.1.1992 and legislative decree no. 185 dated 22.5.1999. For any controversies between the parties regarding the present agreement, the competent court of law shall be Rome.
Useful documents for obtaining more information
SHIPPING COSTS
Procedures
Enoteca Lucantoni offers its customers shipping service for all orders made through its virtual store. Delivery is made to the customer's location using our own vehicles (in the city of Rome) or via express courier services affiliated with our organization.
Delivery is guaranteed within 24/48 hours for Rome or 3/7 days for national and international shipments sent via express courier.
Fees
Fees are calculated automatically by the system at the end of the purchasing procedure in relation to: the country of destination and weight of the goods.
Security
Security in payments
Enoteca Lucantoni holds the highest consideration for problem issues arising from the security of money transactions performed through its website.
In order to guarantee its customers a secure and efficient service, Enoteca Lucantoni makes use of the transaction system adopted by Banca Sella, which is based on the use of encrypted certification at 40 or 128 Kbit/s issued by Verisign, one of the major certifying organizations at a global level.
The transmission of payment information (credit card number, expiry date, card holder) is enacted through a secure transmission protocol known as HTTPS.
Privacy
Dear Customer,
we wish to inform you that legislation no. 196/03 foresees the safeguarding of persons and other subjects regarding the treatment of personal information. In accordance with the aforementioned legislation, such treatment shall be subjected to principles of correctness, legitimacy and transparency, and the safeguarding of your confidentiality and rights. In accordance with article 10 of the aforementioned legislation, we thus provide you with the following information.
The treatment we intend to employ:
a) has the purpose of implementing the service you have requested;
b) shall be executed as follows: information managed via a database.
c) the information shall not be communicated to other subjects, if not by expressly requesting your consent.
We wish to inform you that the conferment of information is mandatory inasmuch as it is necessary towards the implementation of the service you have requested, so that failure to provide such information shall entail an interruption of the relationship.
The coordinator responsible for the electronic processing of personal information gathered through the website in accordance with legislation 196/03 is: the legal representative for MEDITA S.r.l.
You can contact the holder of the personal information to exert your rights as stipulated under article 13 of legislation no. 196/03, reproduced in its entirety hereunder for your convenience:
Art. 13 - Rights of the data subject
1. In relation to the processing of personal information, the data subject has the right to:
a) be aware of, through free access to the registry as per article 31, comma 1, letter a), the existence of processing of information which may regard the subject;
b) be informed regarding article 7, comma 4, letters a), b ) and h );
c) obtain, from the information holder or coordinator, without delay:
1) confirmation of the existance or otherwise of personal information regarding the subject, even if not yet registered, and communication in an intelligible form of said information and their origin, in addition to the logic and purposes the processing is based on; the request can be renewed, excepting the existence of justifiable reasons, at an interval of no less than ninety days;
2) the cancellation, transformation in anonymous form or blocking of processed information in violation of the law, including information for which conservation is not necessary in relation to the purposes for which the information was gathered or subsequently processed;
3) the updating, rectification or, should it be necessary, integration of the information;
4) the declaration that the operations under numbers 2) and 3) have been brought to the awareness of, including regarding their content, those to which the information was communicated or disseminated, excepting the case in which such compliance is impossible or entails the employment of means manifestly disproportionate with respect to the right to be safeguarded;
d) to oppose, in whole or in part, for legitimate reasons, the treatment of personal information regarding the subject, albeit pertinent to the purposes for which it was gathered;
e) to oppose, in whole or in part, the treatment of personal information regarding the subject, foreseen for the purposes of advertisements, the sending of publicity material or direct sales, or the completion of market surveys or interactive business communications, to be informed by the information holder not beyond the moment the information is communicated or disseminated, of the possibility of exercising such rights free of charge.
2. For each request as per comma 1, letter c), number 1), the subject may be asked, where the existence of information regarding the subject is not confirmed, for a contribution for expenses, not exceeding the costs effectively sustained, according to the procedures and within the limits established by the regulation stipulated under article 33, comma 3.
3. The rights stipulated under comma 1 referring to personal information concerning deceased persons can be exercised by anyone with an interest thereof.
4. In exercising the rights stipulated under comma 1 the person concerned may confer, in writing, or by proxy to physical persons or associations.
5. It remains understood that norms on professional secrecy shall be respected in the case of journalists, as limited to the source of the news. |