Definition of Seller and Buyer

1.1 – The goods and/or services covered by the general conditions below are offered for sale by Nisino – Società Agricola Semplice – C.DA Muriano, 2 – 70011 Alberobello (BA) – P. I. 04140280720
Hereinafter also referred to as “Seller.”

1.2 – The term “Purchaser” means:

(a) the consumer who is a natural person purchasing for purposes unrelated to any entrepreneurial, commercial, craft or professional activity;

(b) anyone who does not qualify as a consumer as a natural or legal person acting in the exercise of his or her business, trade, craft or profession, or an intermediary thereof.
Subject of the online contract
By these general terms and conditions of sale, the Seller sells and the Buyer purchases at a distance through telematic means the products and services described and offered for sale at www.cantinamasseriatorricella.it.

La Nisino soc.agricola s. reserves the right to change these General Conditions at any time and to publish them on its website.

Any changes will apply only to sales completed after the new conditions are published.

To “consumer” Purchasers, the relevant regulatory provisions of Legislative Decree. n. 206/2005 (so-called Consumer Code) as amended.

For non-consumer Buyers, the rules and provisions of the Civil Code will apply.

These general conditions shall apply only to sales made within the territory of Italy.

Stipulation of contract: modalities
The contract between the Seller and the Buyer is concluded only through the Internet: the Buyer will access the site www.cantinamasseriatorricella.it and through the process provided therein will make the proposed purchase of products and/or services.

Products and services

4.1 – The main features of the services and products, including the duration of the offer, price (including VAT) and delivery charges, may be checked and viewed by the Buyer before the conclusion of the contract and payment. In particular, the types of products and services can be viewed in the section(https://cantinamasseriatorricella/shop-online) where there will also be representative images of the product and/or service.

4.2 – No fees and/or charges are levied for access to www.cantinamasseriatorricella.it.

Conclusion and effectiveness of the contract.
5.1 -Purchase orders placed through www.cantinamasseriatorricella.it if complete and containing all elements necessary to identify the products and place of delivery and/or services ordered, will constitute a contractual proposal by the Buyer manifested online.

5.2 -The order confirmation by La Nisino soc.agricola s. transmitted by e-mail to the address provided by the Buyer is equivalent to acceptance of the contract proposal.

5.3 – The contract is concluded, and is binding on both parties, at the time the Order Confirmation is sent by the Seller to the Buyer.

5.4 – The Seller may also send the Buyer a rejection of the order as in the case provided for in Art. 7.2, and nevertheless reserves as of now the right to cancel any order in case of material errors inherent in Buyer’s order or in the information sent by Buyer through www.cantinamasseriatorricella.it.

5.5 – All orders will be considered valid only if expressly accepted by the Seller.

Iter for the conclusion of the contract
From www.cantinamasseriatorricella.it the Buyer:

• you can discover the products and/or services of Cantina Masseria Torricella featured in the “
  shop
  “, view the full range of products and services by choosing a category from the navigation menu;
• view each product and service sheet containing information on currently available sizes and quantities, item description and features;
• shall from the product and/or service tab select item size and quantity and add the product and/or service to the shopping cart;
• will be able to view the “shopping cart” section where all information regarding the products and/or services will be summarized and know the transportation costs before purchase and payment;
• must, once the shopping session is over, finalize the purchase by clicking on the appropriate button;
• must also, where necessary, enter shipping information and, to confirm the order, read and accept these terms and conditions as well as enter the chosen mode of payment (PayPal or wire transfer);
• on the next screen, the payment screen, the user should check that the information entered is correct and click on the appropriate button to complete the purchase transaction.

Upon receipt of the purchase order, the Seller will transmit to the Buyer the receipt of the order containing a summary of the content of the information relating to the sale and will proceed with the fulfillment of the purchase order, except as provided in Article 5.5 above.

Products and services available

7.1 – Products on www.cantinamasseriatorricella.it may be purchased by the Buyer in the quantities in stock at the time of the order.

7.2 – The services/events advertised on the site will be confirmed upon reaching the minimum number of people indicated on the site. If this minimum number is not reached, La Nisino soc.agricola s.. will notify the remaining registrants/purchasers of the cancellation of the event 5 days before the date of the event. In this case, the price paid will be refunded.

The maximum number of participants at each event is listed on the website. La Nisino soc.agricola s. therefore reserves the right to reject applications beyond the maximum number.

Payment

8.1 – Buyer’s payments may only be made by one of the methods listed on the Seller’s website (PayPal or wire transfer).

8.2 – In case of payment through PayPal service, it should be noted that for each purchase the PayPal system automatically charges the amount of € 1.00 to user customers who are not registered / registered on the site www.paypal.com. Under no circumstances will Nisino soc.agricola s. will be obliged to refund such amounts to customers who use Paypal without being enrolled and/or registered on www.paypal.com.Nisino soc.agricola s. accordingly disclaims any responsibility in this regard.

8.3 – Communications regarding payments and data disclosed by the Buyer shall be made on special protected lines in accordance with applicable laws.

Prices
9.1 – All sales prices of products and services advertised on www.cantinamasseriatorricella.it are in EURO and include VAT.

9.2 – All prices of products and services on www.cantinamasseriatorricella.it may change and thus be modified by the Seller at any time.

Transportation costs

10.1 – Shipping costs for the Italian territory are: €8.50 for each 6-bottle package, €10.00 for each 12-bottle package, €14.00 for each 18-bottle package, and €18.00 for each 36-bottle package, subject to subsequent changes. The minimum order is six bottles for each type of wine.

Time and mode of delivery

11.1 – The products ordered will be delivered to the address chosen and specified by the Buyer in the purchase order. For shipments and/or deliveries outside of Italy, please send an email to cantinatorricella@libero.it and you will be notified of the amount.

11.2 For the execution of the shipment, the courier will be activated within 5 working days after the confirmation of the order. The delivery deadline is not to be considered essential. If it is not possible to ship the goods within the specified time, the Buyer will be notified promptly by e-mail.

11.3 If the recipient is absent at the time of delivery, a notice will be left and Buyer should take action as soon as possible to contact the courier or freight forwarder to arrange for a new delivery.

11.4 No liability shall be attributed to the Seller for delayed or non-delivery attributable to force majeure or unforeseeable circumstances.

11.5 Services/events advertised on the site will be held on the day indicated on www.cantinamasseriatorricella.it, unless as a result of force majeure or unforeseeable and/or unavoidable circumstances, they cannot take place. In that case, Nisino soc.agricola s. will undertake, if possible, to reschedule the scheduled event to another date by notifying buyers in advance. If it is not possible to reschedule the scheduled event, the amounts paid by Buyers will be returned.

Limitations of liability

12.1 – The Seller shall not be liable for inefficiencies attributable to force majeure or fortuitous events, including inefficiencies dependent on the malfunction of the Internet.

12.2 – Likewise, no liability can be charged to the Seller for any fraudulent and illegal use that third parties may make of the means of payment used on www.cantinamasseriatorricella.it.

12.3 – With reference to the services/events advertised on the site the Buyer states:

• To be fully aware of any risks taken during the course of the proposed activities;
• To be of legal age;
• To accept all the conditions required by Nisino soc.agricola s.;
• To absolve Nisino soc.agricola s. from any liability that in any way may arise as a result of its participation in the above activities for any damage it may suffer to its own person and/or property or cause to third parties and/or their property in the performance of the same.

Obligations of the buyer

13.1 – The Buyer agrees to pay the price of the goods and/or services purchased at the time and in the manner indicated in these general terms and conditions and in the order form sent.

13.2 – It is prohibited:
to the Buyer to enter false, and/or invented, and/or fictitious data in the purchase procedure described in item 6; the personal data and e-mail must correspond to their real personal data and not to third persons, or fictitious;

To enter data of third persons;

minors to make purchases of goods and/or services.

13.3 – In any event, the Buyer, or in the case of minors, their legal guardian, assumes all responsibility for the above violations and agrees to indemnify and hold harmless the Seller from any and all prejudicial consequences, losses, damages, liabilities, costs, charges and expenses, including legal fees, which may be incurred or suffered by the Seller as a consequence of any failure of the Buyer to fulfill its obligations and the warranties given by the Buyer in accepting these contractual clauses.

13.4 – The Seller Nisino soc.agricola s., owner of the website www.cantinamasseriatorricella.it, reserves the right to prosecute any violation and abuse.

Right of withdrawal

14.1 – The possibility of cancellation or early termination of the contract by the Buyer is excluded except as provided in paragraph 14.3 below for one who qualifies as a “consumer” and except as provided in paragraph 15.

14.2 – In case of unlawful termination, cancellation or withdrawal by the Buyer Nisino soc.agricola s. is hereby authorized to retain the sums paid by the Buyer as a penalty, without prejudice in any case to the right to compensation for greater damages.

14.3 – A Buyer who qualifies as a “consumer” shall be entitled to withdraw from this contract, without penalty and without specifying a reason, within 14 (fourteen) business days from the day on which Buyer or a third party, other than the carrier and designated by Buyer, acquires physical possession of the goods ordered or: 1) in the case of multiple goods ordered by the Buyer 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; (2) in the case of delivery of a good consisting of multiple lots or pieces, 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 lot or piece.

Prior to the expiration of the withdrawal period, the Buyer-Consumer may exercise the right of withdrawal by informing the Seller of its decision to withdraw from the contract. To this end, the Purchaser may:

(a) use the model “withdrawal” form in Annex I, Part B, pursuant to Article 49, Paragraph 1 (b) of Legislative Decree. 206/05 (so-called Consumer Code);
(b) submit any other explicit statement of its decision to withdraw from the contract.
14.4 – The declaration of withdrawal must be sent by registered letter with return receipt to the following address: Nisino – Società Agricola Semplice – C.DA Muriano, 2 – 70011 Alberobello (BA) or by PEC to the address: nisinosocietaagricolasemplice@cgn.legalmail.it

14.5 – If the right of withdrawal is exercised, the Buyer must return the goods within 14 days from the day on which he/she notified the Seller of his/her wish to withdraw from the contract pursuant to Art. 57 of Legislative Decree. 206/2005.

The goods should be returned to Nisino – Società Agricola Semplice – C.DA Muriano, 2 – 70011 Alberobello (BA).
14.6 – Direct costs of returning products are borne by the Buyer.

14.7 – Goods must be returned undamaged, in the original packaging, complete in all its parts and complete with the attached tax documentation. Subject to the right to verify compliance with the above, the Seller will refund the amount of the products subject to withdrawal within a maximum period of 14 days, including any shipping costs.

14.8 – As provided for in Art. 56, para. 3, of Leg. 206/2005, as amended by Leg. 21/2014, the Seller may suspend the refund until receipt of the goods or until the Buyer proves that it has returned the goods to Nisino soc.agricola s.

The Seller will make the refund using the same means of payment chosen by the Buyer at the time of purchase. In any case, the Buyer agrees to provide the Seller with his bank details.

14.9 – The Purchaser acknowledges and accepts that the aforementioned right of withdrawal is recognized, in accordance with Legislative Decree. n. 206/2005, only to Buyers who qualify as consumers.

14.10 – Pursuant to Art. 57, c. 2, of Legislative Decree. 206/2005 the Buyer shall be liable for any diminution in the value of the goods resulting from any handling of the goods other than that necessary to establish the nature, characteristics, and operation of the goods.

14.11 – The right of withdrawal, in addition to compliance with the terms and conditions set forth in Sections 14.3 and 14.4 – shall be considered valid and operative, only if the following conditions are met:

• purchased goods must be intact, with no signs of opening and/or tampering as well as complete with all attached documentation;
• goods must be returned sealed and in their original packaging;
• the returned goods must be sent to the Seller in a single shipment and no later than 14 days from the day the Buyer notified the Seller of his or her desire to withdraw.

14.12 – The parties agree and accept that the requirements of 14.11 are essential conditions for the exercise of the right of withdrawal.

Cancellation/cancellation of events/tours and refunds
Pursuant to Art. 59 (exceptions to the right of withdrawal under Articles 52 to 58 of the Consumer Code) Paragraph 1 (services concerning leisure activities if the contract provides for a specific date or period of performance), with respect to events/tours the right of withdrawal as provided for in paragraph 14 is excluded. Buyers may still cancel/cancel an event and/or tour already purchased online up to 3 (three) days prior to the date of the event and/or tour by sending appropriate written notice to the addresses listed in Section 20.

In case of cancellation/cancellation within 7 (seven) days/168 hours from the date of the event/tour the Seller will refund the Buyer the full amount paid.

In case of cancellation/cancellation for any reason beyond the above terms from the event/tour, the Buyer shall not be entitled to any price refund and/or compensation and/or indemnity.

Resolution

The parties expressly agree that the obligations set forth in items 8.1 and 13.1, assumed by the Buyer, as well as the exact fulfillment of the obligations assumed by the Seller in item 11.1, are of an essential nature, and consequently the non-fulfillment of even one of them, where not caused by fortuitous event or force majeure, will result in the legal termination of the contract pursuant to art.1456 c.c.

Effectiveness and modification of general conditions of sale (GTC)

17.1 – These GTC are posted on the site to be read and easily known by the Buyer before making the purchase of a product and/or service, accepted at a time prior to the submission of the purchase order, stored on your computer and reproduced in hard copy by printing the file in which they are contained.

17.2 – The GTC applicable to the sale of products and/or services are those published on the site on the date of the order for the products. The Buyer, therefore, must carry out the above steps before proceeding with any purchase.

Legal guarantee of conformity (art. 130 and 132 Legislative Decree 206/05)

18.1 – The Seller is liable to the Buyer-consumer for any lack of conformity existing at the time of delivery of the goods.

In case of receipt of products that do not conform to the orders placed and/or are defective, the Buyer-consumer has the right without charge to the restoration of conformity of the product by repair or replacement of the product, in accordance with paragraphs 3, 4, 5 and 6 of Art. 130 Legislative Decree. 206/05, or to an appropriate price reduction or termination of the contract, in accordance with paragraphs 7, 8 and 9 of Art. 130 Legislative Decree. 206/05.

18.2 – Pursuant to Art. 132 Legislative Decree. 206/05 the Buyer-consumer may exercise this right if the defect becomes apparent within two years of delivery of the goods and if it is reported to the Seller within two months of its discovery.

Method of filing the contract

Pursuant to Art. 12(1)(b) of Leg. 70/2003, the Seller informs the Buyer that every order sent is stored in digital/paper form on the server/at the Seller’s premises, according to confidentiality and security criteria.

Communications and complaints

Direct written communications to the Seller and any complaints will be considered valid only if sent to the following address: “Nisino Società Agricola Semplice – C.DA Muriano, 2 – 70011 Alberobello (BA)” or to the e-mail address nisinosocietaagricolasemplice@cgn.legalmail.it or to the e-mail addresscantinatorricella@libero.it
Buyer shall indicate in the body of its communication its residence or domicile, telephone number or e-mail address to which it wishes Seller’s communications to be sent.

Applicable law and jurisdiction. ODR (Online Dispute Resolution: alternative dispute resolution method)

21.1 – All disputes relating to the application, execution, interpretation and breach of purchase contracts entered into online through the website www.cantinamasseriatorricella.it will be governed by these general conditions and subject to Italian law; and this even if performed in whole or in part abroad.

In any case, if the Buyer is a consumer, the competent Court shall be that of the place of residence or domicile of the consumer, if located in Italy. If the Buyer-consumer’s domicile or residence is not within the territory of Italy, the place of jurisdiction shall be that of execution of the contract.

For all other hypotheses, the exclusive territorial jurisdiction is the Court of Bari.

21.2 – In compliance with the provisions of Art. 14 of Reg. EU no. 524/2013 you are informed that you have the option to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between seller and consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and Reg. EU no. 524/2013, for the purpose of facilitating the independent, impartial, transparent, effective, prompt and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer residing in the Union and a trader established in the Union through the intervention of a participating ADR (alternative dispute resolution= alternative dispute resolution method) entity that can be selected from a list available therein. For more information about the European ODR Platform or to initiate, through it, an alternative dispute resolution procedure related to this contract, you can access the following link: http://ec.europa.eu/odr. The vendor’s e-mail address to be provided in the European ODR Platform is as follows: nisinosocietaagricolasemplice@cgn.legalmail.it

21.3 – If the attempt at conciliation referred to in Article 21.2 above is not adhered to, or should such attempt be unsuccessful, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the Court referred to in point 21.1 shall have jurisdiction, in the case of a user who is a consumer.

22 – Confirmation that you have read the general terms and conditions of sale and the vexatious clauses

The computer system related to the compilation of the order is such as to prevent the confirmation and validation of the order in the absence of an explicit command given by the Buyer and aimed at confirming that the Buyer has read the conditions of sale and the vexatious clauses.