Terms and conditions of sale

Premise
These terms and conditions of sale and use of the site (“Terms”) govern:
– the use, by the user, of the website hosted at the address www.tenutasantostasi.it (“Site”); – the purchase and delivery of products made through our Site. The products purchased on the Site (“Products”) are sold directly by the Santo Stasi estate of Epifani Rosario (“Seller”), with registered office in Via Trentino, 3 – 74028 Sava (TA) – VAT number 02893450730.

In welcoming you to our Site, we invite you, before continuing with access or use, to carefully read these Terms, which apply to all visitors and/or users of the Site. By accessing or using the Site, you confirm that you accept these Terms and express your willingness to be bound by them. If you do not agree and/or do not accept these Terms, you will not be able to use this Site and therefore we invite you to stop using it immediately.

Furthermore, these Terms, together with your Order Confirmation, constitute the contract between the parties concerning the purchase of the Products and to which different terms or conditions will not apply. By confirming that you have read and accepted these Terms when you place an Order through our Site, you confirm that you accept them unconditionally. The contract can only be changed as a result of a mutual agreement in writing or by e-mail.

If you need further information, remember that you can always contact Tenuta Santo Stasi di Epifani Rosario, by e-mail at info@tenutasantostasi.it or by telephone at the telephone number +39 328 1723788.

1. Our commercial policy

1.1 The Seller offers the products for sale on the Site and carries out its e-commerce activity exclusively towards its end users both as “consumers” pursuant to Legislative Decree 206/2005 (Consumer Code) and as professional operators, under any legal form.
1.2 When we speak of “consumer” we refer to any natural person who acts on the Site for purposes not related to his commercial, entrepreneurial or professional activity, possibly carried out.
1.3 In consideration of its commercial policy, the Seller reserves the right not to process orders that do not comply with it. In general, the Seller reserves the right to refuse orders or the provision of services to anyone and at any time.
1.4 To place orders on the Site, the end user must be of age, possess the requisites necessary to stipulate legally binding contracts, have a valid email address and possess a verified PayPal account or a credit card or a bank account (the method of payment by credit card or bank transfer can only be used for orders sent by email to the address info@tenutasantostasi.it as better specified in the following article 8.2).
1.5 These General Conditions of Sale exclusively regulate the offer, forwarding and acceptance of purchase orders for products on www.tenutasantostasi.it between users and the Seller.

2. Functionality and purpose of the Site

2.1 We use our website to promote and provide information on the activities, products and initiatives of Tenuta Santo Stasi di Epifani Rosario, as well as to sell products through the “Shop” section of the website.

3. Our Privacy and Cookie Policy

3.1 Access to some sections of the Site, as well as the use of some features of the same, such as for example the request for information or to send newsletters, may involve the collection and processing of some personal data. For general information on the processing of personal data carried out by Tenuta Santo Stasi di Epifani Rosario through the Site, including with reference to cookies, please read our Privacy and Cookie Policy.
3.2 By using the Site, you acknowledge and accept that communications made via the Internet are never completely confidential and secure and that any information or message sent to the Site could be read or intercepted by subjects other than the legitimate recipients, even in the presence of any notices specifying that a particular transmission is encrypted. If you do not agree with our privacy policies and/or do not intend to accept them, we invite you to immediately stop using our site.

4. Registration and Personal Account

4.1 In order to conclude the purchase contract, you must register and open an account (“Account”) by entering all the requested data in the appropriate section of the Site.
4.2 Please bear in mind that you will be responsible for all activities undertaken through your Account (including for example any purchase of our Products made through your Account) and therefore we encourage you to keep your login details accurate and confidential and to ensure that third parties do not use your Account without your consent.
4.3 Tenuta Santo Stasi di Epifani Rosario may cancel or suspend your Account, at any time and without notice where: (i) it reasonably believes that you are using the Account in violation of these Terms, (ii) it reasonably believes that a third party is using your Account without your consent, or (iii) it reasonably deems it necessary to cancel or suspend your Account for security or maintenance purposes.
4.4 The personal data entered by you for the purposes of registering the Account, and in general the personal data collected through the Site, are processed in compliance with the General European Regulation for the protection of personal data 2016/679 (General Data Protection Regulation or GDPR) according to the provisions in detail in our Privacy Policy which we invite you to consult and which you will be invited to confirm that you have read and accepted when providing the data.

5. Conclusion of the contract

5.1 To conclude the purchase contract for one or more products on the Site, after having added the products to the cart, you will have to follow the instructions for the check-out procedure indicated on the relevant page, indicating the billing information, the shipping address, the payment and finally confirming the sending, electronically, of the order form.
5.2 In the order form, displayed immediately before the conclusion of the purchase contract, we will provide you with summary information about the essential characteristics of your order. The contract is concluded when the Seller receives your order form electronically, after verifying the correctness of the data relating to your order.
5.3 The order form will be filed in our database for the period of time necessary to process the orders and in any case in accordance with the law. You can access your order form by consulting the “Orders” section.
5.4 If you wish to cancel your order you will have to write an email exclusively to info@tenutasantostasi.it indicating in the cancellation email the order number assigned at the end of the purchase procedure. The purchase order can only be canceled until the Products ordered have been delivered to the courier for shipment. If the cancellation is no longer possible because the Products have already been shipped, the Seller will immediately notify the customer by email of the impossibility of proceeding with the cancellation.
5.5 When submitting the order form, you will be advised that such forwarding implies the obligation to pay the indicated price. Before proceeding with the transmission of the order form, it is the customer’s responsibility to verify the correctness of the data entered.
5.6 The languages available to conclude the contract with the Seller are Italian and English.
5.7 Once the contract is concluded, Tenuta Santo Stasi di Epifani Rosario will take charge of your purchase order.
5.8 The Seller may not process your purchase orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect or in the event of unavailability of the products.
5.9 In these cases, we will inform you by e-mail that the contract has not been concluded and that the Seller has not processed your purchase order, specifying the reasons.
5.10 If the products presented on the Site are no longer available or on sale at the time of your last access to the Site or the sending of the order form, it will be the Seller’s responsibility to notify you, promptly and in any case within thirty (30) days starting from the day following that in which you have sent your order to the Seller, of the possible unavailability of the products ordered.
5.11 In the event of the unavailability of products already paid for, the Seller will refund, without undue delay, what you have already anticipated and the contract will be considered terminated between the parties.
5.12 By submitting the order form electronically, you unconditionally accept and undertake to observe these General Conditions of Sale in relations with the Seller and confirm that you know and accept the additional information contained on the Site. If you do not agree with some of the terms set out in the General Conditions of Sale, we invite you not to submit the order form for the purchase of products on the Site.
5.13 Once the contract is concluded, the Seller will send you a receipt of the purchase order by e-mail and from that moment the order will no longer be modifiable.
5.14 We remind you that the product you purchase is intended exclusively for the country in which you place the order (Italy); therefore, if you decide to place the product in a different country, you are responsible for placing it and you are required to follow the applicable regulations and restrictions both for export from the country where you purchased the item and for importation into the country where you intend to bring it and Tenuta Santo Stasi di Epifani Rosario hereby declines any responsibility in this regard.
5.14 The Seller also accepts that the purchase order is sent by email to the address info@tenutasantostasi.it. In this case, once the order has been received, the Seller will ask you for billing, shipping and payment information and will confirm the availability of the products. Once these data have been received, the Seller will send you the order confirmation via email with a summary of the products purchased.

6. Guarantees and price indications

6.1 Only Tenuta Santo Stasi branded products are offered for sale on the Website, for which the Seller guarantees the quality and authenticity.
6.2 The essential characteristics of the products are presented on the Site within each product sheet. However, the images and colors of the products offered for sale on the Site may not correspond to the real ones due to the Internet browser and monitor used.
6.3 Orders are invoiced in Euros and correspond to the prices in Euros shown on our site. The amount that will be charged to your credit card or your Paypal account or your bank account may vary as it is based on floating exchange rates and bank commissions. The Seller invites customers to contact their bank to request detailed information on exchange rates and bank commissions relating to their transaction.

7.1 The shipment of the products in Italy is carried out by courier which guarantees delivery approximately within 24 hours. For this reason it is not possible to choose a specific courier when ordering and it is not possible to request delivery with a fixed deposit at post offices.
7.2 During the order it is important to indicate a correct telephone number (landline or mobile), to facilitate the resolution of the delivery procedure.
7.3 It is important to indicate a delivery address where there is someone who can collect the goods. Furthermore, it is important to always indicate the surname on the intercom.
7.4 We invite you not to insert a PO BOX in the address field, as the courier would be unable to deliver the purchased goods. Therefore, a physical delivery address must be entered. In the event of deliveries made to receptions (with the receptionist’s signature for collection), Tenuta Santo Stasi di Epifani Rosario will not be held responsible for subsequent non-delivery of the package to the final recipient.
7.5 Furthermore, the Seller will not be held responsible for any delays due to the execution of the transport service by the courier services. Any delays by the courier do not give the right to withdraw from the purchase or to request compensation for damages.
7.6 SHIPPING COSTS
Shipments can be made both in Italy and abroad. The cost of shipping will be calculated directly by the system based on the destination location and weight.
7.7 SHIPPING TIMES
ITALY
ZONE 1 – All of Italy (excluding Calabria, Sicily, Sardinia)
ZONE 2 – Calabria, Sicily, Sardinia
Delivery normally takes place within 2-7 days, after 24 hours from the date of registration of the order. Any delivery delays may be caused by the temporary unavailability of the products, malfunctions in the service by the courier, force majeure or public holidays. In case of purchase by credit card or PayPal or bank transfer, the delay in shipment may be caused by the impossibility of withdrawing the amount authorized for payment. If, after 7 working days (excluding Saturdays and Sundays), you have not yet received the goods, please call +39 328 1723788 or contact customer service at info@tenutasantostasi.it.
ABROAD
Delivery normally takes place within 1 week, after 24 hours from the order registration date. Any delivery delays may be caused by the temporary unavailability of the products, malfunctions in the service by the courier, force majeure or public holidays. In case of purchase by credit card or PayPal or bank transfer, the delay in shipment may be caused by the impossibility of withdrawing the amount authorized for payment. If the goods have not yet been received after 8 working days (excluding Saturdays and Sundays), please call +39 328 1723788 or contact customer service at info@tenutasantostasi.it.

8. Payments

8.1 For the payment of the price of the products and the related shipping and delivery costs, you can follow one of the methods indicated in the order form. In no case will you be charged for costs higher than those actually incurred by the Seller, in relation to the payment instrument you have chosen.
8.2 The following forms of payment are accepted:
PAYMENT BY CREDIT CARD THROUGH PAYPAL
Since all transactions are processed by Paypal, the Customers of the Site are guaranteed maximum security on the purchase.
PAYMENT WITH VERIFIED PAYPAL ACCOUNT
The customer can pay directly through his verified Paypal account. The Site only accepts Paypal payments from verified accounts and reserves the right to ship the goods to the address indicated on the account verified by Paypal. Payments sent from unverified Paypal accounts will be cancelled.

PAYMENT BY CREDIT CARD
The customer can also pay by credit card, but only by placing the order by email at info@tenutasantostasi.it and after completing and signing the credit card debit authorization form sent by the Seller. In case of payment by credit card, the financial information (for example, the credit/debit card number or its expiry date) will be forwarded via secure protocols to the credit institutions involved in the financial transaction, which provide the related remote electronic payment services, without third parties having access to them in any way. Furthermore, this information will never be used by the Seller except to complete the procedures relating to your purchase and to issue the relative refunds in the event of any product returns, following the exercise of your right of withdrawal, or if it is necessary to prevent or report to the police the commission of fraud on the Site. The price for the purchase of the products and the shipping and delivery costs, as indicated in the order form, will be charged to your credit card upon shipment of the purchased products.

PAYMENT BY BANK TRANSFER
The customer can also pay by bank transfer in advance, but only by placing the order by email at info@tenutasantostasi.it. In this case, the Seller will provide the Customer with the data necessary to make the payment by bank transfer (IBAN, order number, etc.) and, once he has received confirmation of the credit, he will arrange for the shipment of the purchased products.

09.1 You have the right to withdraw from the contract concluded with the Seller, without charging any penalty and without specifying the reason, within fourteen (14) days, starting from the day of receipt of the products purchased on the Site.
09.2 In some specific cases it will not be possible to exercise the right of withdrawal, as provided for by art. 59 of Legislative Decree 206/2005 (Consumer Code). By way of example, it will not be possible to withdraw from the purchase made when the order concerns Products:
– sealed that do not lend themselves to being returned for hygienic or health protection reasons or that have been opened after delivery;
– which are liable to deteriorate or expire rapidly;
– made to measure or clearly personalized.
09.3 Pursuant to the previous paragraph, we therefore specify that the Products that “risk to deteriorate or expire rapidly” and that “are not suitable for being returned for hygienic reasons” include all food products (including wines, spirits and beverages), since the characteristics and qualities of these types of products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal is applicable only for products purchased on the Site for which the right of withdrawal is not excluded as a result of their nature.
09.4 To withdraw from the contract you can use the Return Form compliant with the standard form pursuant to art. 49, paragraph 4 of the Consumer Code) found in the lower part of the site “Right of return”, to be printed by the customer, filled in, signed and sent to the Seller exclusively via email at info@tenutasantostasi.it.
09.5 The Seller will send confirmation by email of receipt of the return request.
09.6 If the customer chooses, however, to send another declaration of withdrawal, the burden of proving the correct and timely exercise of the right of withdrawal will be on the customer.
09.7 Once the withdrawal from the contract has been exercised, the customer must return the products to the Seller by delivering them to the courier for shipment within fourteen (14) days from when the decision to withdraw from the contract was communicated to the Seller.
09.8 In the event of a return, the only costs charged to the customer are those of returning the purchased products.
09.9 The right of withdrawal – in addition to compliance with the terms and methods described in the previous points – is understood to be exercised correctly if the following conditions are also fully respected:
a) the Return Form (or other written and explicit declaration of the customer’s decision to withdraw from the contract) must be correctly completed and sent to the Seller at the dedicated email address, no later than fourteen (14) days from receipt of the Products;
b) the Products must not have been used;
c) the Products must be returned in their original packaging;
d) the returned Products must be delivered to the courier no later than fourteen (14) days from when the decision to withdraw from the contract was communicated to the Seller;
e) the Products must not be damaged.
09.10 If the right of withdrawal is exercised following the methods and terms indicated above, the Seller will reimburse, in the same manner in which the payment was made and unless the customer has expressly agreed with the Seller to use a different means of payment, any sums already collected for the purchase of the products in the shortest possible time and, in any case, within fourteen (14) days from the date on which the Seller became aware of the customer’s right of withdrawal, except as provided by art. 56 paragraph 3 of the Consumer Code.
09.11 If the methods and terms for exercising the right of withdrawal are not respected (article 10.9), the customer will not be entitled to a refund of the sums already paid to the Seller. Within 14 days of sending the email communicating the non-acceptance of the return, the customer can choose to get back, at his own expense, the Products in the state in which they were returned to the Seller, notifying the Seller, according to the methods that will be communicated on that occasion. Otherwise, the Seller may retain the products, in addition to the sums already paid for their purchase.
09.12 If there is no correspondence between the recipient of the Products indicated in the order form and the person who paid the sums due for their purchase, the reimbursement of the sums, in the event of exercising the right of withdrawal, will be executed by the Seller, in any case, towards the person who made the payment.
09.13. However, it is the customer’s responsibility to check the condition of the packaging and the Products delivered by the courier and to refuse delivery when there are obvious signs of damage. If the customer does not check the condition of the packaging upon delivery, the Seller cannot be held responsible for any damage and/or defect found subsequently due to transport.

10. Property, Copyright and Trademark

10.1 The Site and all of its content is the property of Tenuta Santo Stasi di Epifani Rosario.
10.2 This includes documentation, images, fonts, designs. The material contained on the website is protected by copyright.
10.3 Any reproduction, alteration, transmission, publication or redistribution to third parties, for commercial purposes, is strictly prohibited without the express written consent provided by Tenuta Santo Stasi di Epifani Rosario.

11. Disclaimer

11.1 Tenuta Santo Stasi di Epifani Rosario publishes information on its website in order to provide a service to its customers, however it declines all responsibility for the possibility of any technical or factual inaccuracies and/or typographical errors for which, following a report, immediate correction is required.
11.2 Tenuta Santo Stasi di Epifani Rosario also reserves the right to make corrections and changes to the site whenever it deems it necessary without giving notice.
11.3 Tenuta Santo Stasi di Epifani Rosario does not offer any guarantee as to the compliance of the information published on its website with the laws established by the jurisdiction of the country of residence of the Customer other than Italy.
11.4 Tenuta Santo Stasi di Epifani Rosario declines all responsibility for any problems, damages or risks that the user may encounter while using the site.
11.5 Tenuta Santo Stasi di Epifani Rosario declines all responsibility for any malfunctions related to the deactivation of cookies in the user’s browser.

12. Changes and Updates

12.1 Tenuta Santo Stasi di Epifani Rosario reserves the right to rectify/revise the terms and conditions contained in this legal note, by means of an update of the same, whenever it deems it appropriate, without any obligation to give notice.
12.2 The user is required to comply with the terms contained in this legal notice, periodically checking for any updates, changes and corrections.

13. Applicable law and dispute resolution

13.1 The General Conditions of Sale are governed by Italian law and in particular by Legislative Decree 6 September 2005, n. 206 (Consumer Code), in Chapter I “Consumer rights in contracts”, with specific reference to the legislation on distance contracts and by Legislative Decree 9 April 2003, n. 70 on certain aspects concerning electronic commerce.
13.2 By accessing the Site, users also declare that they subject themselves exclusively to the jurisdiction of the Court of Taranto, except as provided for in favor of the consumer by art. 66-bis of the Consumer Code.
13.3 Access to the Site from places where its contents are considered illegal is expressly prohibited. Users who decide to access the Site from these countries are fully aware of the legal consequences and penalties they risk incurring and will be solely responsible for compliance with local laws.

14. Dispute resolution procedure through the On-line Dispute Resolution (“ODR”) platform

Pursuant to and for the purposes of art. 14 of EU Regulation 524/2013, customers residing in countries belonging to the European Union can resort to the On-line Dispute Resolution (ODR) procedure, envisaged by the European Commission, for the resolution of disputes relating to the online services offered by this Site. More information can be obtained at the following link: https://ec.europa.eu/consumers/odr/ or on the Taranto Chamber of Commerce website risolvionline.com at the following link: https://www.risolvionline.com