Online sale terms and conditions
Subject
These General Conditions of Sale apply to all transactions concluded between Giacomo Casanova Limited (hereinafter also only “Giacomo Casanova Limited ” or “The Seller”) and the final buyer (hereinafter also only “Buyer”), concerning the Products on sale on the website https://proseccocasanova.com/ (hereinafter also only “The Site”).
In case of incompatibility between these General Conditions and any different agreements between the Seller and the Buyer that are contained in specific Contracts or in any other document and/or written model of the Seller, the Seller’s Special Conditions shall prevail over the following General Conditions, which are limited to the clauses expressly regulated in the Special Conditions, without prejudice to the rest.
These Conditions are made available through a special link before the forwarding of the shipping order and also on simple request, for which they are deemed known by the Buyer and in any case knowable with ordinary diligence.
Definitions
Seller: person selling through the website https://proseccocasanova.com/ Products (wine and other alcoholic beverages).
Seller is Giacomo Casanova Limited with registered office address in 20121 – Milano, Via Della Moscova n. 13 – P.IVA: 12417760969 C.F.: 90041420135, REA: MI – 2656938 legal mail: giacomocasanovaltd@pec.it; Share Capital i.v. 10.000,00 euro.
The Website https://proseccocasanova.com/ as well as the brand “Prosecco Casanova” are owned by third parties and Giacomo Casanova Limited declares to use them legitimately for the marketing of the Products, being entitled to use.
Buyer: subject who holds the subjective requirements for the purchase through the website https://proseccocasanova.com/ and who purchases the Products offered for sale by the Seller.
Consumer: a natural person acting for purposes other than business, commercial, craft or professional activity.
Products: wine or other alcoholic beverages produced by Giacomo Casanova Limited and/or third parties and marketed by Giacomo Casanova Limited
Forwarder: supplier who has an agreement with the Seller, directly instructed by the Buyer to conclude a contract with third-party carriers for the transport of the Products to the chosen destination. Contracted supplier is WAY TO GO S.R.L., C.F. / P.IVA 04726320262, Dalmazia n. 17 street, Montebelluna (TV).
Conditions of Sale
The Website is addressed exclusively to Buyers who:
– are “consumers” (that is to say, acting for purposes other than business, commercial, craft or professional activity);
– have already reached age of majority and can therefore buy the Products offered for sale on the Site in accordance with current legislation on e-commerce and the sale of alcoholic products (in this regard, the Seller expressly reserves the right not to act on orders from non-consumer and/or minors);
-even if they reside in a state other than Italy, accept that the sale takes place in Italy, with delivery free warehouse on Italian soil, as specified in the following art. 8) of these Conditions.
With the acceptance of these General Terms and Conditions, the Purchaser will directly instruct the freight forwarder to conclude with third-party carriers a transport contract for the transfer of the products purchased from the place of delivery to the Seller chosen destination.
These general conditions are drafted in Italian and in English. Contracts entered into electronically between the Buyer and the Seller are considered concluded and executed in Italy and are therefore governed by Italian law.
For anything not provided for by these General Conditions of Contract, the Parties expressly refer to the provisions of Italian law on the matter.
The invalidity or ineffectiveness of one or more contractual clauses shall in no case affect the validity or effectiveness of the contract and its further clauses.
The Buyer is requested to print a copy of these General Conditions and to store them on a durable medium.
The General Terms and Conditions of Sale may be periodically amended by Giacomo Casanova Limited in compliance with any updates and legislative changes and/ or following the change of its corporate policies. Every update and/or modification will be regularly published on the Site and will be immediately effective from the date of publication.
Any other information can be obtained directly from Giacomo Casanova Limited by writing an e-mail to: support@prossecocasanova.com or by calling: Customer service number: +393420409336.
By registering on the site, the Buyer agrees to receive to his email address communications sent by e-mail including commercial and/ or newsletter. If you do not want to receive offers and promotions, you can unsubscribe directly from the newsletter or send an e-mail to the address above.
Products and Prices
The products sold on the website https://proseccocasanova.com/ are those published on the Seller’s catalogue/showcase. The images of the Products offered for sale may not correspond to the real ones due to the Internet browser and the monitor used.
Information on the essential characteristics of the Products are indicated on the Website, in the information sheet for each product.
The prices of the Products are expressed in Euro and include VAT. Upon purchase of the Products through the Site will also be indicated the relative shipping costs. The prices indicated on the Site may be subject to updates, therefore the Buyer is required to check the final price of the service before submitting the purchase order.
The offers contained in this site will be valid as long as the products remain published on the Site.
The Buyer is aware that, due to the intrinsic nature of the Products offered for sale, it is possible that some products may become unavailable due to exhaustion of stocks. In this case, the Seller shall promptly inform the Buyer who placed the order that one or more of the products purchased are unavailable. In the event of sending an order for the purchase of a product no longer available and subject to a different agreement between the Parties in the meantime, Giacomo Casanova Limited will refund the amount paid by the Buyer, in the same manner they use for the payment.
Method of Purchase of Products
To conclude the contract of purchase of one or more Products through the Site, the Buyer after selecting the Product or Products of interest to him, must complete and transmit to the Seller electronically an Order for the purchase of the selected Products in electronic format (which is valid as a proposal for sale), indicating the Products of which he requests the purchase, the payment method chosen and the personal data necessary for the completion of the transaction and for the delivery of the goods.
The Purchase Order consists of a screen of “Personal Data” in which the user must indicate the personal data required by the format and necessary for the identification of the Buyer and for the purchase and delivery of the Products, and a screen selection and activation of the chosen means of payment. The Purchase Order also contains a summary of the identification of the Products ordered and the related price (including VAT), the means of payment available to purchase each Product, the methods of delivery of the Products, and indicative shipping costs.
The Buyer, under his full responsibility, both civil and criminal, is required to provide truthful data, both in relation to his personal identity and his age, and in relation to the place of destination of the Products.
Before confirming the request for purchase of the Products, through transmission of the Purchase Order, the Buyer will be asked to confirm that he has read carefully the General Conditions of Sale and the information relating to the processing of his personal data.
Through the option “send the order”, the Buyer gives a mandate to the agreed Freight Forwarder to conclude, in his own name and on behalf of the Buyer, a contract for the carriage of the Products and therefore accepts the conditions of the Freight Forwarder’s contract of shipment, which can be consulted at the following link: https://www.statiunitisubito.com/condizioni-generali/.
Upon receipt of the order proposal, the Seller will verify the actual availability of the product and send confirmation of its acceptance, or indicate the reasons why the order will not be processed.
The contract is concluded when the Seller: 1) accepts, electronically, the Purchase Order, after verification of the correctness of the data relating to the order; and 2) receives the credit of the payment.
Once the Order has been placed, the Buyer will have access to a personal reserved area within which he can, through the use of the user name and a password, Log in and access at any time to this reserved area to check the status of your order and keep track of orders previously made through the Site, which will be stored there.
The Purchase Order will also be stored in the database of Giacomo Casanova Limited for the period of time necessary for the fulfilment of orders and, subsequently, for the time allowed by current legislation on the retention of personal data, as best indicated in the privacy policy section.
Availability of the Product
It may happen that, after the registration of the purchase order, the ordered product is no longer available. In case of unavailability of the ordered product, the Buyer will be promptly informed by e-mail and the purchase order will be cancelled. If the payment has already been made, the Seller will refund the amount paid by the Buyer, including shipping costs, immediately, and, in any case, no later than 15 days from the day following the dispatch of the order. The refund amount will be communicated by e-mail, and credited by the same means of payment used for the purchase or by bank transfer if expressly requested.
Payment Methods
When submitting the Purchase Order, you will be asked to make the payment, including shipping costs, through the means of payment expressly indicated on the Site.
The shipping costs will be forwarded directly and immediately by the Seller to the Freight Forwarder appointed by the Buyer for the shipment of the Products from the place of delivery indicated in the following art. 8) to the place of destination chosen.
The Purchaser is responsible, both civilly and criminally, for the veracity of the data provided and for the full and legitimate availability of the means of payment used.
Information regarding the means of payment (for example, the credit/debit card number and the date of its expiry) will be forwarded, via encrypted protocol, without unauthorised third parties having access to it in any way.
Until the full payment of the price of the products ordered, the products remain property of the Seller.
Delivery of Products and Shipment
The Seller shall deliver the Products free of charge to the following address: Via Verci 3, Bassano del Grappa (VI), 36061.
With the acceptance of the present general conditions and the transmission of the order, the Buyer automatically confers mandate to the agreed Freight Forwarder to conclude, in own name and on behalf of the same Buyer, a contract for the carriage of the Products and for this purpose accepts accordingly the general terms and conditions of the agreed freight forwarder, available at the following link: https://www.statiunitisubito.com/condizioni-generali/.
The shipment of the Products is carried out by the Freight Forwarder only after receipt of the payment of the shipping costs. The Seller, after receiving payment for the Products, will deliver the goods to the address above. The Products will be picked up there by the Carrier appointed by the Freight Forwarder on direct mandate from the Buyer and delivered to the destination address indicated in the Purchase Order.
With the beginning of the execution of the shipment, the contract of shipment is considered concluded.
The Buyer undertakes to enter only real data on the site, assuming full responsibility.
Giacomo Casanova Limited will not be in any way responsible for any delivery delays, as it is not a direct part of the shipping and transport contracts.
Neither Giacomo Casanova Limited nor the Freight Forwarder may in any way be held liable for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the Buyer, and/or for damages that may have occurred to the Products after delivery by Giacomo Casanova Limited to the carrier appointed by the Freight Forwarder on direct mandate of the Buyer.
The general terms and conditions for the delivery of the Products are given at the following link: https://www.statiunitisubito.com/condizioni-generali/ and briefly summarized below.
Upon delivery by the Carrier, the Buyer must verify the content of the shipment by specifying in the delivery form any anomalies.
Any disputes must be immediately raised with the Carrier that delivers. In the absence of these, the goods will be considered delivered correctly and accepted, and the Buyer will not be able to oppose any dispute about the external characteristics of the goods delivered.
In the case of damage due to transport which is evident from the packaging:
• the Purchaser must express explicitly to accept the package “with reservation” declaring to the carrier, before signing for acceptance, “I accept with reserve right”, describing in writing in detail the nature of the damage found, after opening the package in the presence of the carrier of the courier;
• The Buyer may reject the damaged goods if it is not possible to accept the parcel with reservation or if the damage is still visible without having to open the parcel.
In cases where the Purchaser accepts with reservation or refuses delivery, please promptly inform Giacomo Casanova Limited by writing an email to the following address: support@prossecocasanova.com
In case of non-acceptance with reservation, no type of return request can be accepted if one or more products are damaged.
Majeur Force
Giacomo Casanova Limited shall be relieved of any contractual obligation to make or deliver and shall not be obliged to pay any indemnity in the event of force majeure that prevents the fulfilment of any obligations imposed on it, such as, but not limited to: riots, insurrections, social unrest, telephone or computer failures or serious damage to the security and operation of the Internet, strikes and impossibility of supply of products and materials.
Right of Withdrawal on Products
The Buyer has the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within fourteen (14) working days from the day of receipt of the Products purchased on https://proseccocasanova.com/ .
To withdraw from the contract you must first send an e-mail to the following address: support@prossecocasanova.com
Once we have received your request we will send you a form which you must dully complete and send us back to obtain the authorisation code of the return. After obtaining the said code, the Buyer must return the Products, with the right to return all or part, to the address that will be indicated by e-mail, by entrusting them to the trusted courier identified by the Buyer. The costs of return remain the sole responsibility of the Purchaser who has exercised the right of withdrawal. The Buyer is aware of, and accepts, that the rates for returning the Products may be different and higher than those paid for shipping.
The return of the Products must take place no later than fourteen (14) days starting from the date on which you have expressed your willingness to withdraw from the contract.
The right of withdrawal shall be deemed to be exercised correctly if:
a) the communication of exercise of the right of withdrawal is sent to the above email within 14 days of receipt of the Products;
b) the authorisation code communicated by Giacomo Casanova Limited is clearly indicated in the label to be applied to the return packaging;
c) the Products have not been used or damaged (the bottles must be returned sealed);
d) the cap/seal and the cap have not been removed or tampered with or altered;
e) the Products are returned using the same packaging as the goods were received, packaging that must be intact, properly sealed with intact content, and original. Alternatively, the customer can opt for a packaging with the same safety features presented by the original packaging;
f) the returned Products are sent to the Seller in a single shipment. The Seller, in fact, reserves the right not to accept Products of the same order, returned and shipped at different times.
The right of withdrawal is in any case excluded in relation to:
• goods made to measure or clearly customised;
• goods subject to deterioration or with short-term maturity;
• products which have been damaged, partially used, or whose closure/seal has been tampered with / opened.
The Seller will verify the integrity and quantity of the returned Products as soon as they are returned, giving timely notice to the Buyer about any discrepancies or damages.
If the right of withdrawal is exercised following the methods and terms indicated above, the Seller will inform the Buyer of the acceptance of the return and will refund the sums already collected for the purchase of the Products, deducted the amount relating to shipping costs that the Buyer paid directly to the Freight Forwarder through the Site, and possibly deducted the price of the Products consumed, opened, damaged and/ or not returned.
The sums, quantified in the manner indicated above, will be refunded to the Buyer as soon as possible and, in any case, within fourteen (14) days from the date on which the Seller received the delivery of the return at the location indicated in the return form, once the correct execution of the above terms and conditions has been verified.
Unless otherwise expressly agreed in writing between the parties, the refund of the price will be made in the same manner as the Buyer made the payment.
If there is no correspondence between the recipient of the Products indicated in the Purchase Order and the person who paid the sums due for their purchase, the refund of the sums, in case of exercise of the right of withdrawal, will be executed by the Seller, in any event, against the person who made the payment.
If the Buyer does not comply with the terms and conditions for the exercise of your right of withdrawal, as specified above, the same will not be entitled to reimbursement of sums already paid; he, however, may regain the Products in the state in which they were returned to the Seller, with shipping costs charged to the Buyer who has already returned the goods to the Seller. Otherwise, the Seller may retain the Products, in addition to the sums already paid for their purchase.
Warning
since the risk inherent in the return of the products is borne by the Buyer, Giacomo Casanova Limited invites the Buyer who intends to exercise the right of withdrawal to ensure, at his own expense, the shipment for the value indicated in the e-e-mail confirming the purchase order.
Product quality and guarantees
The Seller does not sell Products of inferior quality to the corresponding standards offered on the market. The Buyer is aware and agrees that the images and colours of the Products offered for sale on https://proseccocasanova.com/ may not be the real ones due to the effect of the Internet browser and the monitor used.
The legal guarantee of conformity is provided by the Consumer Code and protects the consumer in case of purchase of defective or non-compliant products.
Defective or – non-compliant product means:
• product not corresponding to that purchased;
• product with alterations or modifications such as to impair its consumability, such as, for example, oxidative cases, phosphate cases, ferric cases, protein cases or copper cases;
• product with organoleptic qualities different from those declared by Giacomo Casanova Limited and/or by the third-party producer;
• product with faults and defects in the stopper such as to jeopardise the preservation of the product.
Warning
The qualities of the product that are detected by the Consumer on the basis of subjective criteria and/or in any case on the basis of evaluations on the characteristics of the Product that are not objectively measurable cannot be considered defects or defects. In addition, the Seller is not liable for defects due to the bad preservation of the product by the Buyer.
The guarantee in favour of the Consumer operates for a period of 2 (two) years from the delivery of the goods. It is of course understood that, for some wines, the life cycle and quality is lower than this term: therefore the guarantee will be reduced according to the life cycle provided for each type of wine.
The warranty expires if the Buyer does not report the defect within 2 (two months) from the date on which he discovered it. Therefore, if no complaint is made within two months of the discovery of the defect, the guarantee does not operate.
Warning
If the defect occurs after 6 (six) months from the delivery of the Product, it will be the Buyer’s responsibility to demonstrate that it already existed on the date of delivery.
The warranty does not operate for defects already existing at the time of delivery of the goods and not immediately reported at the time of receipt of the Products.
The guarantee can be exercised by sending an email to the following address: support@prossecocasanova.com
The Seller will take delivery of the defective product to verify whether or not the complaint depends on a defect of conformity as identified above.
Once the defect of conformity has been established, the goods will be replaced, if available, within a reasonable time from the request and without charge to the Purchaser, or return the price if the same or similar product with the same qualities is not available in a timely manner.
If no product is available at the moment, the Buyer will still be entitled to the reduction of the price or the return of a sum, commensurate with the value of the goods, against the return to the seller of the defective product.
Intellectual Property Rights
The trademark “Prosecco Casanova” as well as all other trademarks, registered or not, and all other distinctive signs such as corporate names, trade names and designations, illustrations, images, logos, registered and unregistered designs, copyrights and patents (“Intellectual Property Rights”), which appear on the Products or otherwise reproduced on the website https://proseccocasanova.com/, on accessories or packaging, are and remain the exclusive property of the rightful owner of the property. Any reproduction, even partial, any modification or use of the Intellectual Property Rights, for any reason and in any form, without the prior written permission of the owner of such property rights and/or exploitation is strictly prohibited. Any combination or use in conjunction with any other mark, symbol, logo and, more generally, any other distinctive sign capable of forming a complex sign shall also be prohibited.
Applicable Law and Settlement of any Disputes
The General Conditions of Sale are regulated by the Italian law on distance selling and e-commerce.
For the resolution of any disputes between the Seller and the Buyer concerning contracts for the sale of goods and services entered into on the network, is available at the following link: http://ec.europa.eu/odr. a platform specifically established by the European Commission with the aim of resolving disputes that occur during an online sale where, “consumers” can lodge a complaint, which will be managed by the ADR entities which will act as arbitrators between the parties to resolve the problem.
The appeal is optional and alternative to the ordinary judicial procedure provided for by Italian law and/ or International Treaties.
Privacy Policy
For information on the methods and purposes with which the Buyer’s data are collected and used, please read carefully the privacy policy published on this Site at the following link.
By registering on the site, the Buyer agrees to receive at his e-mail address communications sent by e-mail including commercial and/ or newsletter. If you do not want to receive offers and promotions, you can unsubscribe directly from the newsletter or send an e-mail to the address above.