General conditions of Sale
Art. 1 – General provisions
1. The user browsing this area accesses Cantina Divinja, accessible via the url: https://www.cantinadivinja.com. Browsing and transmitting a purchase order on the site implies the acceptance of the Data Protection Conditions and Policies adopted by the site indicated therein.
2. These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree No. 206/05 amended by Legislative Decree No. 21/14 and Legislative Decree 70/03) by
Barbanti Denis Agricultural Society
Location: Via Verdeta, 1 41030 – Sorbara (MO)
VAT number: 02937620363
3. The user is required, before accessing the products supplied by the site, to read these General Conditions of Sale which are generally and unequivocally accepted at the time of purchase.
4. The user is invited to download and print a copy of the purchase form and of these General Terms of Sale whose terms Cantina Divinja reserves the right to change unilaterally and without notice.
5. It is possible to use the site and therefore access products supplied by the same and to purchase these in the following languages:
Art. 2 – Object
1. These General Terms and Conditions of Sale govern the offer, transmission and acceptance of purchase orders for products on the Divinja Cellar and do not, on the other hand, govern the supply of services or the sale of products by different parties by the seller who are present on the same site through links, banners or other hypertext links.
2. Before placing orders and purchasing products and services from different parties, we suggest checking their sales conditions.
Art. 3 – Conclusion of the contract
1. To conclude the purchase contract, it will be necessary to fill in the form in electronic format and transmit it following the relative instructions.
2. It contains the reference to the General Sales Conditions, the images of each product and its price, the payment methods that can be used, the delivery methods for the products purchased and the relative shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal; methods and times for returning the purchased products.
3. Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale including the Information on the right of withdrawal and the processing of personal data.
4. The contract is concluded when the seller receives the form filled in by the user, after verifying the correctness of the data contained therein.
5. The buyer will be obliged to pay the price from the moment the online order submission procedure is completed. This will be done by clicking on the “Finish Order” button at the end of the wizard.
6. Once the contract is concluded, the seller takes the order for his evasion.
Art. 4 – Registered users
1. In completing the registration procedures, the user undertakes to follow the instructions on the site and to provide his personal data correctly and truthfully.
2. Once registered, the user will receive a confirmation email in the email provided by him. The confirmation must be communicated at the latest within 48 hours. After this period, in the absence of confirmation, Cantina Divinja will be released from all commitments to the user.
3. The confirmation will in any case exempt Cantina Divinja from any liability regarding the data provided by the user. The user undertakes to promptly inform Cantina Divinja of any change in his data at any time communicated.
4. If the user then communicates inexact or incomplete data or even in the event that there is a dispute by the interested parties about the payments made, Cantina Divinja will have the right not to activate or suspend the service until the relative deficiencies are rectified. .
5. At the first request to activate a profile by the user, Cantina Divinja will assign the same username and password. The latter acknowledges that these identifiers constitute the system for validating user access to the Services and the only system suitable for identifying the user that the acts performed by means of such access will be attributed to him and will have binding effect against him.
6. The user undertakes to maintain the secrecy of his access data and to keep them with due care and diligence and not to sell them even temporarily to third parties.
Art. 5 – Product availability
1. Product availability refers to actual availability at the time the buyer places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of several users, the products could be sold to other customers before the order is confirmed.
2. Even after sending the order confirmation e-mail, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically adjusted with the elimination of the unavailable product and the buyer will be immediately informed by e-mail.
3. If the purchaser requests the cancellation of the order, by resolving the contract, Cantina Divinja will reimburse the amount paid within 15 days from the moment in which Cantina Divinja became aware of the decision of the buyer to terminate the contract .
Art. 6 – Products offered
1. Cantina Divinja commercializes:
Wine, balsamic vinegar of Modena
2. The offer is detailed on our website at the link: https://www.cantinadivinja.com/negozio-online
Art. 7 – Payment methods and prices
1. The price of the products will be the one indicated from time to time on the site, except where there is an obvious error.
2. In case of error Cantina Divinja will notify the buyer as soon as possible, allowing confirmation of the order at the right amount or cancellation. In any case, there is no obligation for Cantina Divinja to supply what is sold at the lower price wrongly indicated.
3. The site prices are inclusive of VAT and do not include shipping costs. Prices may change at any time. The changes do not apply to orders for which an order confirmation has already been sent.
4. Once the desired products have been selected, they will be added to the cart. It will be sufficient to follow the instructions for the purchase, entering or verifying the information requested in each step of the process. Order details can be changed before payment.
5. Payment can be made via:
Art. 8 – Delivery
1. Cantina Divinja carries out shipments throughout the Italian territory, excluding the Vatican City State and the Republic of San Marino.
2. Cantina Divinja will only deliver to the user’s home, provided at the time of purchase.
3. Delivery is carried out, for the Italian territory, generally within 6 working days, or, if no delivery date is specified, within the deadline estimated at the time of selection of the delivery method and, in any case, within the deadline maximum of thirty days from the date of confirmation.
4. As far as the European Union countries are concerned, delivery will be made in 15 working days, and in any case, within a maximum period of thirty days.
5. 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 a new delivery.
6. If you are not able to be present at the place of delivery at the agreed time, we ask you to contact us again to arrange a new delivery date.
7. 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 it is intended to terminate the contract.
8. As a result of the termination, the amounts will be returned, including delivery costs, excluding any additional costs arising from the choice of a delivery method other than the ordinary method offered without unjustified delay and, in any case, within 15 days from date of termination of the contract. Transportation resulting from the termination of the contract may have additional costs that will be borne by the buyer.
9. Shipping costs are borne by the buyer and are explicitly highlighted at the time the order is placed.
Art. 9 – Transfer of risk
1. The risks relating to the products will be borne by the buyer starting from the time of delivery. The ownership of the products is considered acquired as soon as the complete payment of all the amounts due in relation to the same, including the shipping costs, or at the time of delivery, if this took place at a later time is considered
Art. 10 – Warranty and commercial compliance
1. The seller is responsible for any defect in the products offered on the site, including the non-conformity of the items to the products ordered, in accordance with the provisions of Italian legislation.
2. If the purchaser has entered into the contract as a consumer, that is any natural person acting on the site for purposes unrelated to the entrepreneurial or professional activity carried out, this warranty is valid provided that the defect occurs within 24 months from delivery date of the products; that the buyer submits a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized by the latter; that the online return form is completed correctly.
3. In the event of non-compliance, the purchaser who has entered into the contract as a consumer will be entitled to obtain the restoration of the conformity of the products without expenses, by repair or replacement, or to obtain an appropriate price reduction or the termination of the contract in relation to the disputed goods and the consequent return of the price.
4. All return costs for defective products will be borne by the seller.
Art. 11 – Withdrawal
1. In accordance with the legal provisions in force, the buyer has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.
2. In the case of multiple purchases made by the buyer with a single order and delivered separately, the 30-day period starts from the date of receipt of the last product.
3. The user who intends to exercise the right of withdrawal must notify Cantina Divinja through an explicit declaration, which can be sent by registered letter with return receipt to the address:
Agricultural Barbanti Denis
Via Verdeta, 1 41030 – Sorbara (MO)
4. The buyer must exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively to send the standard withdrawal form, as per Annex I, part B, Legislative Decree 21/2014 obligatory.
5. The goods can be returned at any point of sale in Italy, as indicated on our website, and sent to:
Agricultural Barbanti Denis
Via Verdeta, 1 41030 – Sorbara (MO)
6. The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the site will reimburse the amount of the products subject to withdrawal within a maximum period of 15 days, including any shipping costs.
7. As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the site may suspend the reimbursement until receipt of the goods or until the demonstration by the buyer of having sent back the goods.
8. The right of withdrawal will not apply if the services and products of Cantina Divinja are included in the categories of art. 59 of Legislative Decree 206/2005.
9. The site will make the refund using the same payment method chosen by the buyer during the purchase phase. In the case of payment made by bank transfer, and if the buyer intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary for the repayment.
Art. 12 – Data processing
Art. 13 – Safeguard clause
1. In the event that one of the clauses of these General Terms and Conditions of Sale were void for any reason whatsoever, this will in no case compromise the validity and compliance with the other provisions contained in these General Conditions of Sale.
Art. 14 – Contacts
1. Any request for information can be sent by e-mail to the following address email@example.com, by telephone to the following telephone number: 339/1801199, and by post to the following address:
Agricultural Barbanti Denis
Via Verdeta, 1 41030 – Sorbara (MO)
Art. 15 – Applicable law and competent court
1. These General Terms and Conditions of Sale are governed by Italian law and interpreted on the basis of it, without prejudice to any other mandatory prevailing rule of the country of habitual residence of the purchaser. Consequently the interpretation, execution and resolution of the General Conditions of Sale are subject exclusively to Italian law.
2. Any disputes concerning and / or consequent to the same must be resolved exclusively by the Italian judicial authority. In particular, if the purchaser is a Consumer, any disputes must be resolved by the court of the domicile of the Barbanti Agricultural Company Denis.
These conditions have been drawn up on 05/23/2019.