Terms and Conditions of Castelle di Sagnella Maria Pina farm
Users who use the Services offered on the Castelle – Viticultori in Castelvenere website (hereinafter also only “site” or “Platform” or similar terms) declare that they know and accept these general terms and conditions together with the Privacy Policy which it forms an integral part of it.
We recommend that Users read the entire document carefully.
Owners of the Platform and related services listed below, perform functions and have obligations towards the User as regulated below:
§ Owner of the products sold:
Castelle Farm – Via Nazionale Sannitica 48, 82037 Castelvenere, BN
Function and obligations: Azienda Agricola Castelle di Sagnella Maria Pina is the company that holds the ownership of the products sold on the platform and the brands present on them.
§ Owner of the platform and provider of the sales, shipping, customer support service:
Function and obligations: Through the platform, the Azienda Agricola Castelle di Sagnella Maria Pina sells in its own name and for its own account, its products harvested on its land and vinified at its factory, and to proceed with the shipment and delivery of the product and carry out customer support activities.
Introduction
This document
This document constitutes a legal agreement between you, as a User, and Azienda Agricola Castelle di Sagnella Maria Pina and governs purchases on the Platform.
Definitions
“Legal Agreement” means that the terms of this agreement, once accepted by the User, are binding on the User. “User”, “you”, “your” and similar terms, both in the singular and in the plural, refer to you, the User.
“Azienda Agricola Castelle di Sagnella Maria Pina” refers to the company that owns the products sold on the platform and the brands present on them. “We”, “our” and similar terms refer to the company that owns the Platform. “Contract ”Refers to this document, as amended from time to time. The Contract is concluded in Italian. “Order Confirmation and Shipping” indicates the email sent at the time of the conclusion of the sales contract and also indicating the data relating to the shipment of all or part of the products purchased. “Receipt d ‘ Order “means the email that the Azienda Agricola Castelle di Sagnella Maria Pina sends upon receipt of the order.” Service “the service offered by Azienda Agricola Castelle di Sagnella Maria Pina as described by these Terms.” Terms and Conditions (or Terms) “these general conditions of service, which constitute a legally binding agreement between the User and” Azienda Agricola Castelle di Maria Pia Sagnella “.
The Castelle di Sagnella Maria Pina farm, hereinafter will be referred to as “Castelle” or “Castelle Farm”.
Changes to these Terms
Azienda Agricola Castelle reserves the right to make changes to the Terms at any time, giving notice to the User by posting it on the Platform.
For this reason, users are invited to consult the most updated version of the Terms and Conditions before making any purchase. The applicable Terms and Conditions are those in force on the date the purchase order is sent.
The User who continues to use the Platform after the publication of the changes accepts the new Terms without reservation.
Acceptance of the Agreement
In order to use the Platform, you must carefully read and accept the Agreement by clicking on the specific acceptance button. If you do not accept the Agreement you will not be able to use the Service.
Registration, Platform Content and Prohibited Use
Registration
In order to use the Service or part of it, Users must register by providing, in a truthful and complete manner, all the data requested in the relevant registration form and fully accept the privacy policy and these general terms and conditions. The User has the responsibility of guarding and keeping his login credentials confidential. 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 ensure that no one has access to them, as well as to inform Azienda Agricola Castelle without delay in the event of suspected misuse and / or disclosure of the same.
It is understood that in no case can Azienda Agricola Castelle be held responsible in the event of loss, diffusion, theft or unauthorized use by third parties, for any reason whatsoever, of the Users’ access credentials.
Cancellation and termination of User accounts
Registered Users can deactivate their accounts, request their cancellation or stop using the Service at any time, through their User Reserved Area.
Azienda Agricola Castelle, in case of violation of these Terms, reserves the right to suspend or close the User’s account at any time and without notice.
Azienda Agricola Castelle reserves the right to suspend or cancel the User’s account at any time and without notice if they believe that:
§ the User has violated the Agreement; and / or
§ access or use of the Service could cause damage to Azienda Agricola Castelle, to other Users or to third parties; and / or
§ the use of the Platform by the User may result in a violation of the law or applicable regulations; and / or
§ in the event of investigations conducted as a result of legal actions or for the involvement of the public authority; and / or
§ the account is deemed by Azienda Agricola Castelle, at its sole discretion and for any reason, inappropriate or offensive or in violation of the Agreement or not in line with the standards of Azienda Agricola Castelle.
Available content
The contents available on the Platform are protected by copyright law and other international laws and treaties aimed at protecting intellectual property rights and, unless otherwise specified, their use is permitted to Users only within the limits specified in this clause. .
Azienda Agricola Castelle grants the User, for the entire duration of the Agreement, a personal, non-transferable and non-exclusive license, for exclusive personal and never commercial purposes and limited to the device used by the User for the use of such content.
Therefore, it is expressly forbidden for the User to copy and / or download and / or share (except within the limits illustrated below), modify, publish, transmit, sell, sub-license, process, transfer / assign to third parties or create works derived in any way from the contents, including third parties, available on the Platform, nor allow third parties to do so through the User or his device, even without his knowledge.
Where expressly indicated on the Platform, the User, for mere personal use, may be authorized to download and / or copy and / or share some content made available on the Platform, provided that he faithfully reproduces all the copyright indications and other information provided. from ”Azienda Agricola Castelle.
Content provided by AZIENDA AGRICOLA CASTELLE or by third parties
Azienda Agricola Castelle does not carry out any preventive moderation on the contents or links provided by third parties shown on the Platform. Azienda Agricola Castelle is not responsible for such contents and their accessibility.
Content provided by the User
Users are responsible for their own and third-party content that they share on the Platform, by uploading them, inserting content or in any other way. Users indemnify Azienda Agricola Castelle from any liability in relation to the unlawful dissemination of third party content or the use of the Platform, in ways that are contrary to the law.
Azienda Agricola Castelle does not carry out any kind of moderation of the content published by the User or by third parties, but undertakes to intervene in the face of reports from Users or orders issued by public authorities in relation to content deemed offensive or illegal.
In particular, Azienda Agricola Castelle may suspend or interrupt the display of the contents in the event that:
§ complaints from other Users are received;
§ receives a report of infringement of intellectual property rights;
§ believes it must do so in anticipation of, or as a result of, legal actions;
§ this action is requested by a public authority; or
§ believes that this content, remaining accessible through the platform, could put Users, third parties, the availability of the Service and / or Azienda Agricola Castelle at risk
Rights on content provided by Users
The only rights granted to Azienda Agricola Castelle in relation to the contents provided by Users are those necessary for the operation and maintenance of the Platform.
Services Provided by Third Parties
Users can use services or content included in the Platform provided by third parties, but they must first have read the terms and conditions of such third parties and have accepted them.
Under no circumstances can Azienda Agricola Castelle be held responsible in relation to the correct functioning or availability, or both, of services provided by third parties.
Use not permitted
The Service must be used as established in the Terms.
Users cannot:
§ reverse engineer, decompile, disassemble, modify or create derivative works based on the Platform or any portion of it;
§ bypass the computer systems used by Azienda Agricola Castelle or its licensors to protect the content accessible through it;
§ copy, store, modify, change, prepare derivative works or alter in any way any of the contents provided by Azienda Agricola Castelle;
§ use any robot, spider, search and / or site retrieval application, or any other device, process or automatic means to access, retrieve, scrap or index any portion of the Platform or its contents;
§ rent, license or sub-license the Platform;
§ defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights of others;
§ disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
§ illegally appropriate the account in use with another User;
§ register or use the Service in order to approach Users to promote, sell or advertise in any way products or services of any kind through the Platform;
§ use the Platform in any other improper way that violates the Terms.
Terms of sale
Purchase
Purchase procedure
Each order sent constitutes an offer for the purchase of products. Azienda Agricola Castelle reserves the right, at its sole discretion, to accept or reject the Order after checking the availability of the product subject to the proposal, under the conditions set out therein. The User must select the products and complete the check-out, after carefully checking the information contained in the order summary. The order is made by confirming the order and is subject to payment of the price, taxes and shipping and payment costs indicated in the Order Summary form.
The order receipt does not constitute acceptance of the order. The conclusion of the contract takes place at the time of sending the Order Confirmation and shipment by Azienda Agricola Castelle to the email address provided by the User. Azienda Agricola Castelle reserves the right not to confirm an order, informing the User within 5 working days of placing the order, at the email address associated with his purchase, of any unavailability of one or more of the products purchased. In this case, Azienda Agricola Castelle will refund the price and shipping costs incurred by the User.
Modification of the order
The modification of the order after sending the purchase order can be made through the e-mail and telephone channels of the customer service as indicated in the next point.
Customer support service
The customer service will be available from Monday to Friday from 9:00 to 18:00 and will respond to customer requests through the e-mail address: castelle@castelle.it and at the telephone number +39 379 145 0248. Customer service will use a ticketing system for the correct management of requests.
The customer support service reserves a maximum term of 72 hours for the processing and correct management of requests. Any requests received during public holidays will be processed on the first useful day.
Terms of payment
uses third-party tools for processing payments and does not in any way come into contact with payment data – such as those relating to the credit card – provided.
Any costs for managing payments from the User that are not accepted will be charged to the User.
All prices are inclusive of VAT. and expressed in Euros. The resulting total price at the end of the Order is inclusive of shipping costs, where it is provided in the description of special or periodic offers, or for an order value of € 30.00.
In order to guarantee the security of payments made, Azienda Agricola Castelle uses PayPal and Stripe as a secure payment gateway (SSL) through which it is possible to interface with the main payment circuits, including Amex, Mastercard, Visa, PostePay and PayPal.
The conditions of use of the PayPal service are available at the following (PayPal).
The conditions of use of the Stripe service are available at the following (Services Agreement – Italy | Stripe | Italy).
Prior authorization for future payments via PayPal
In case of payment via PayPal account, during the purchase, Azienda Agricola Castelle will store an identification code associated with the customer’s PayPal account, which authorizes Azienda Agricola Castelle for exclusive use related to future purchases.
It is possible to revoke the aforementioned authorization at any time, through the Platform interface or by contacting Azienda Agricola Castelle directly.
Retention of title
Until full payment of the price of the products ordered, the products remain the property of Azienda Agricola Castelle.
Availability of products
The prices, descriptions or availability of the products on display are subject to change without notice by the Azienda Agricola Castelle, it being understood that the price charged to the user will be the one published on the product information sheet at the time of sending the order.
The photos inserted are indicative and may not constitute an exact representation of the products.
Azienda Agricola Castelle will present the characteristics of the products with the greatest degree of detail possible on the Platform within each tab corresponding to the product viewed by the User. However, the images and colors of the products offered for sale on the Platform 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.
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, Azienda Agricola Castelle will reimburse this amount without undue delay and, in any case, within the maximum deadline of 15 working days 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 Azienda Agricola Castelle. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used.
Execution of the Order
The Order is executed within the terms specified in the summary page and in the Order Confirmation and Shipping email, subject to the availability of the ordered product. Azienda Agricola Castelle cannot be held responsible for damages suffered by the User due to delivery delays that are not dependent on foreseeable circumstances by the parties at the time of sending the Order Confirmation and shipment.
Shipment
Shipping costs vary depending on the size, weight and destination of the items chosen.
Free shipping is also provided for orders over a certain spending threshold, depending on the destination. Restrictions on the quantity of products that can be purchased may be applied for orders placed outside the European Union.
All delivery information, tax and duty details as well as shipping destination can be viewed at the following link.
Deliveries will be made through: Poste Italiane, Nexive, GLS, TNT, UPS, Bartolini chosen based on the unquestionable judgment of Azienda Agricola Castelle and around the world with variable times depending on the destinations. Please note that delivery times are only indicative and are calculated from the day of shipment.
Azienda Agricola Castelle does not assume responsibility for customs clearance delays, but undertakes to minimize any inconvenience.
Traceability of the order
After placing an order, you will receive an email containing all the details of your purchase. If you would like further information, do not hesitate to get in touch with us. The shipment is made within the working day following the date of the order. As soon as the package is delivered to the courier, its electronic traceability begins and the day of arrival is estimated. You can follow the progress of the delivery, by accessing the courier tracking page, via the link that we will send you.
Customs clearance and duties
Customs duties are calculated according to the regulations of the country of transit of the goods. Customs duties are usually always charged to the recipient of the shipment before delivery. In the process of customs clearance of the shipment Azienda Agricola Castelle and the courier do not intervene directly. This type of management is always carried out by the Customs of the country in which the goods transit.
Customs clearance costs and any other additional charges are the responsibility of the User.
If you have shipped within the EU, no customs tax will be applied to your shipment.
Delivery
Deliveries are made during normal business hours to the address indicated by the User and in the manner specified in the order summary.
It is up to the user to check the conditions of the Product that was delivered to him. It being understood that the risk of loss or damage to the Products, for reasons not attributable to Azienda Agricola Castelle, is 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 Product. The user is advised 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 on the transport document of the carrier, any anomalies, accepting the package with reserve. The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier, 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 itself 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 package shows obvious signs of tampering or alteration, the user is also recommended to promptly notify the Customer Service of Azienda Agricola Castelle. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid.
In case of failure to collect within the deadline set by the carrier, the products will be returned to Azienda Agricola Castelle, which will refund the price of the products including shipping costs. Azienda Agricola Castelle cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the User, for any damage that may have occurred to the Products after delivery to the carrier, where the latter has been chosen. and appointed by the User or for delays in delivery attributable to the latter.
Right of withdrawal
In case of purchase of products or services on the Platform, the User has the right to withdraw from the contract without indicating the reasons, within 14 days. The withdrawal period expires after 14 days 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 goods. To exercise the right of withdrawal, the User is required to inform Azienda Agricola Castelle of the decision to withdraw by means of an explicit declaration sent to the indicated contacts and before the expiration of the withdrawal period.
To exercise the right of withdrawal, the user must send an email to: Mariapinasagnella@pec.it and / or castelle@castelle.it with an explicit declaration of his 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 expiry 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 the Castelle farm with the Declaration of Withdrawal .
To this end, you can use the model for exercising the right of withdrawal shown below:
Sample withdrawal form
Addressed to: ________________________________________________
I / we hereby notify the withdrawal from my / our contract of sale of the following goods / services:
________________________________________________________________________ (insert here a description of the goods / services from which you intend to withdraw)
§ Ordered on: _____________________________________________________________ (insert date)
§ Received on: _____________________________________________________________ (insert date)
§ Name of consumer (s): ____________________________________________________________
§ Address of the consumer (s): __________________________________________________________
§ Date: ________________________________________________________________
(sign only if this form is notified on paper)
The User is free to express their choice to withdraw from the contract in any other equivalent form.
Effects of withdrawal
If the User withdraws from this contract, all payments he has made to Azienda Agricola Castelle will be reimbursed, including delivery costs (with the exception of additional costs deriving from the possible choice of a type of delivery other than the least expensive type standard delivery offered) without undue delay and in any case no later than 14 days from the day the Azienda Agricola Castelle is informed of the User’s decision to withdraw from this contract. These refunds will be made using the same payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not have to incur any costs as a result of this reimbursement. The reimbursement may be suspended until receipt of the goods or until the User demonstrates that he has returned the goods, whichever is earlier.
The User is requested to return the goods and deliver them to Azienda Agricola Castelle without undue delay and in any case within 14 days from the day on which he communicated the withdrawal from this contract. The deadline is met if the User returns the goods before the expiry of the 14-day period. The costs of returning the goods will be anticipated by the User, but will be reimbursed by Azienda Agricola Castelle in the manner and within the limits indicated above by the User.
Limitations to the right of withdrawal
Returned products that are damaged or used in a different and further way than is strictly necessary to establish their nature, characteristics and functioning will be reimbursed after deduction of the decrease in value resulting from damage or use. Reimbursement is excluded when the decrease in value is total.
The User is requested to insert a copy of the delivery document received inside the package.
The right of withdrawal, pursuant to art. 59 of the Consumer Code, is in any case excluded in relation to:
§ goods made to measure or clearly personalized;
§ the supply of goods which risk deteriorating or expiring rapidly;
§ the supply of sealed goods that cannot be returned for reasons of hygiene or related to health protection and have been opened after delivery.
Applicability of the withdrawal clauses
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, that is, to the User who acts for purposes unrelated to his business and professional activity.
Legal guarantee of conformity
All Products sold on the Platform are covered by the Legal Guarantee of Conformity provided for by Articles. 128-135 of Legislative Decree 206/2005 (Consumer Code) and by Legislative Decree 21/2014 implementing Directive 2011/83 / EU.
The User who purchases as a consumer has the right to guarantee the conformity of the products and services purchased within 24 months of purchase, provided that notice is given within 2 months of the discovery of the lack of conformity.
To exercise the right to guarantee, the User is required to contact Azienda Agricola Castelle at the contact information contained in this document, giving an accurate description of the defect found.
If the lack of conformity of the product is ascertained, the User has the right to obtain, at his choice, the repair or replacement of the product.
The User also has the right to request a reasonable price reduction or termination of the contract from Azienda Agricola Castelle in the following cases:
§ if repair and replacement are impossible or excessively expensive;
§ if Azienda Agricola Castelle has not repaired or replaced the goods within a reasonable period, in any case not less than 15 days;
§ if the replacement or repair previously carried out has caused significant inconvenience to the User.
The User is still required to return the defective products.
Compensation and Limitation of Liability
Indemnify
The User undertakes to indemnify Azienda Agricola Castelle (as well as any companies controlled or affiliated by the same, its representatives, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal costs incurred for defend themselves in court, which should arise in the face of damage caused to other Users or third parties, in relation to the content uploaded online, to the violation of the law or of the terms of these conditions of service.
Limitation of Liability
Azienda Agricola Castelle and all the functions accessible through the Platform are made available to Users, under the terms and conditions set out in the Contract, without any guarantee, explicit or implicit, which is not mandatory by law. In particular, no guarantee is provided of the suitability of the services offered for the particular purposes that the User aims at.
The use of the Platform and the features accessible through the Platform is carried out by the Users at their own risk and under their own responsibility.
In particular, Azienda Agricola Castelle, within the limits of applicable law, is liable for damages of a contractual and non-contractual nature towards Users and third parties exclusively by way of willful misconduct or gross negligence when these constitute an immediate and direct consequence of the activity of Azienda Agricola Castelle. Therefore, Azienda Agricola Castelle will not be responsible for:
§ any losses that are not a direct consequence of the breach of the Contract by Azienda Agricola Castelle;
§ any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example but not limited to, commercial losses, loss of revenues, revenues, profits or presumed savings, loss of contracts or commercial relationships , loss of reputation or goodwill value, etc.);
§ damages or losses deriving from interruptions or malfunctions of the Platform due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will and outside the control sphere of Azienda Agricola Castelle such as, by way of example and not exhaustive, breakdowns or interruptions to telephone or electricity lines, to the internet and / or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the supply of products, services or applications of third parts; and
§ incorrect or unsuitable use of the Platform by Users or third parties.
Common provisions
Interruption of the Service
To guarantee Users the best possible use of the Service, Azienda Agricola Castelle reserves the right to interrupt the Service due to the need for maintenance or system updating, informing Users through constant updates on the matter.
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform and its Services without the prior written permission of Azienda Agricola Castelle, guaranteed directly or through a specific resale program.
Privacy policy
The data communicated by the User necessary for the execution of the contract are processed in accordance with the provisions of EU Regulation 679/2016 and Legislative Decree 196/2003 as amended by Legislative Decree 101/2018.
For information on the use of personal data, Users must refer to the privacy policy of Privacy Policy – Castelle
Intellectual Property Rights
All trademarks of the Application, figurative or nominative, and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos that appear concerning Azienda Agricola Castelle are and remain the exclusive property of Azienda Agricola Castelle or its licensors and are protected by applicable trademark laws and related international treaties.
All trademarks and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos concerning third parties and the contents published by such third parties on the platform are and remain the exclusive property or in the availability of said third parties. third parties and their licensors and are protected by applicable trademark laws and related international treaties. Azienda Agricola does not own the ownership of these intellectual property rights and can use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined therein.
Age requirements
Users declare to be of age according to the legislation applicable to them. Under no circumstances may children under the age of 18 use the platform.
Conditions for receiving deliveries
Furthermore, the User who makes the purchase through the platform declares and guarantees that whoever will receive the shipment of the purchased products is of age according to the legislation applicable to the latter.
Transfer of the contract
Azienda Agricola Castelle reserves the right to transfer, assign, arrange by novation or subcontract all or some of the rights or obligations deriving from the Terms, provided that the User’s rights provided herein are not affected, without prejudice to the possibility for the User to freely withdraw from the Contract. The User will be promptly notified of any transfer.
The User may not assign or transfer in any way their rights or obligations under the Terms without the written authorization of Azienda Agricola Castelle.
Communications
All communications relating to Azienda Agricola Castelle must be sent using the contact information indicated in the Contract.
Ineffectiveness and partial nullity
The Company does not guarantee that the contents of this site are appropriate or lawful in other countries. Any invalidity, nullity or ineffectiveness of one or more of these Conditions, if accepted, will not result in the invalidity, ineffectiveness or nullity of the remaining clauses which will remain valid and effective.
Applicable law and competent court
These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to the law, the jurisdiction of the Italian State and the exclusive jurisdiction of the Milan court.
In cases where the law provides for it, the mandatory forum will be that of the consumer’s residence.
Dispute Resolution
Online dispute resolution for consumers
The consumer resident in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and services entered into online. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract entered into with Azienda Agricola Castelle.
The platform is available at the following link.
Azienda Agricola Castelle is available to answer any question sent by email to the address published in this document.