Terms and conditions

General Terms and Conditions of Sale

Art. 1 - General provisions

1. The user navigating in this area accesses ewineshop.it, accessible through the url: https://ewineshop.it. Browsing and/or submitting a purchase order on the site implies acceptance by the user of the following Terms and Conditions and Data Protection Policies adopted by the site indicated therein.
2. These General Terms and 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 modified by Legislative Decree no. 21/14 and Legislative Decree 70/03) by

J & D company of Borzi Deborah & C snc
Headquarters: via Stelvio, 19 23017 Morbegno (SO)
VAT number: 00887700144
Registered in the REA, number 67038

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 by the user at the time of purchase.  By placing an order through this site, the user unequivocally accepts all General Terms and Conditions of Sale where ever the user is located.
4. The user is invited to download and print a copy of the purchase form and these General Terms and Conditions of Sale, the terms of which ewineshop.it reserves the right to modify unilaterally, with or without notice.  All changes to the General Terms and Conditions of Sale shall become binding on a user immediately upon publishing of the revised General Terms and Conditions of Sale by ewineshop.it.
5. It is possible to use the site and therefore access products supplied by the site and to purchase these in the following languages:
English and Italian.

Art. 2 - Object

1. These General Terms and Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for products listed on ewineshop.it and do not, however, govern the supply of services or the sale of products by subjects other than the seller who are present on the same site through links, banners or other hypertext links.
2. Before submitting orders and purchasing products and services from parties other than ewineshop.it, we suggest checking their conditions of sale.

Art. 3 - Conclusion of the contract

1. To conclude the purchase contract, it will be necessary for the user to fill in the form in electronic format and send it following the relative instructions.
2. It contains the reference to the General Terms and Conditions of Sale, the images of each product and the relative price, the means of payment that can be used, the delivery methods of the products purchased and the related shipping and delivery costs, a reference 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 and acceptedthe General Terms and 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 completed by the user, after checking 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 "pay with" button at the end of the wizard.
6. Once the contract is concluded, the seller takes charge of the order for its fulfillment.

Art. 4 - Registered users

1. In completing the registration process, the user undertakes to follow the instructions on the site and to provide his/her personal data correctly and truthfully.
2. The confirmation will in any case release ewineshop.it from any responsibility for the data provided by the user. The user undertakes to promptly inform ewineshop.it of any variation of their data at any time communicated.
3. If the user communicates incorrect or incomplete data or if there is a dispute by the parties about the payments made, ewineshop.it will have the right not to activate or to suspend the service until the dispute is resolved.
4. On the occasion of the first request for activation of a profile by the user, ewineshop.it will assign the same username and password to the user. The user acknowledges that these identifiers constitute the validation system of the user's access to the services and the only system suitable for identifying the user that the acts performed through this access will be attributed to him/her and will have binding effect on him/her.
5. The user undertakes to maintain the confidentiality of his/her access data and to keep them with due care and diligence and not to transfer them even temporarily to third parties.  Ewineshop.it shall have no liability whatsoever to the user if his/her username and password are accesed, misappropriated or used by a third party through no fault of ewineshaop.it.

Art. 5 - Availability of products

1. Product availability refers to actual availability at the time the buyer places the order. This availability must however be considered purely temporary or subject to change because, due to the simultaneous presence on the site of multiple users, the products could be sold to other customers before confirming the order.
2. Even after sending the order confirmation e-mail, there may be cases of partial or total unavailability of the goods ordered. In this case, the order will be automatically corrected with the elimination of the unavailable product and refund of any payment made for an unavailable product, and the buyer will be immediately informed by e-mail.
3. If the buyer requests the cancellation of the order, by terminating the contract, ewineshop.it will refund the amount paid within 21 days from the moment when ewineshop.it became aware of the buyer's decision to terminate the contract provided that the product ordered has not already been shipped to the buyer.

Art. 6 - Products offered

1. ewineshop.it markets:
wines, alcoholic beverages in general and foodstuffs.
2. The products offered for sale are detailed on our website at the link: https://ewineshop.it/shop.php

Art. 7 - Payment methods and prices

1. The price of the products will be that indicated from time to time on the site, except where there is an obvious error.
2. In the event of an error, ewineshop.it will notify the buyer as soon as possible, allowing confirmation of the order at the correct price or cancellation of the order. In any case, there will be no obligation for ewineshop.it to supply what is sold at the lower price incorrectly indicated.
3. The site prices are inclusive of VAT and do not include shipping costs. Prices can change at any time. The changes do not affect orders for which order confirmation has already been sent to a buyer by ewineshop.it.
4. Once the desired products have been selected, they will be added to the cart. It will be necessary for the user/buyer to follow the instructions for the purchase, entering or verifying the information requested in each step of the process. The details of the order can be changed before payment and acceptance of the order by ewineshop.it.
5. Payment can be made by:
Credit cards (Visa, Mastercard, American Express), Debit cards (visa debit, Mastercard debit), Bank Transfer, and also through the PayPal circuit

Art. 8 - Delivery

1. ewineshop.it makes shipments throughout Italy, excluding the Vatican City state and the Republic of San Marino.
2. ewineshop.it will only make deliveries to the user's home address, provided by user/buyer at the time of purchase.
3. The delivery is made, for the Italian territory, generally within 4-7 working days, or, if no delivery date is specified, within the deadline estimated at the time of selecting the delivery method and, in any case, within the maximum term of thirty days from the date of confirmation of the order.
4. As for the countries of the European Union, delivery will be made in 2-4 working days, and in any case, within the maximum term of thirty days.
5. In non-EU territories, delivery will take place roughly in 7-14 business days.
6. 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 arrange a new delivery.
7. If you are unable to be present at the place of delivery at the agreed time, we ask you to contact us again to agree on a new delivery date and/or delivery location.
8. 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 we mayterminate the contract.
9. As a result of the termination, the amounts will be refunded, including delivery costs with the exclusion of any additional costs deriving from the choice of a delivery method other than the ordinary method offered without undue delay and, in any case, within 21 days from contract termination date. Transportation resulting from the termination of the contract may have additional costs that will be borne by the buyer.
10. Shipping costs are paid by the buyer and are explicitly highlighted at the time the order is placed.

Art. 9 - Passing of risk

1. The risks relating to the products will be borne by the buyer from the moment of delivery. The ownership of the products is considered acquired as soon as full payment of all amounts due in relation to them has been received, including shipping costs, or at the time of delivery, should this occur later.

Art. 10 - Warranty and commercial compliance

1. The seller is responsible for any defect in the products offered on the site, including the non-compliance of the items with the products ordered, in accordance with the provisions of Italian law.
2. If the buyer has entered into the contract as a consumer or any natural person who acts on the site for purposes unrelated to any business 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 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 buyer who has entered into the contract as a consumer will have the right to obtain the restoration of conformity of the products at no cost, by repair or replacement, or to obtain an appropriate price reduction or the termination of the contract relating 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 communicate it to ewineshop.it through an explicit declaration, which can be sent by registered letter with return receipt to the address:

Cantina Follie
by J & D by Borzi Deborah & C
Via Pietro Lingeri, 16 (Ex via Volta)
Tremezzina - loc. Tremezzo
22016 (CO) Italy

The user can also indicate the intention to withdraw, indicating the order number and name of the user, to:
info@ewineshop.it

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 transmit the standard withdrawal form, referred to in Annex I, part B, Legislative Decree 21/2014 not obligatory.
5. The goods must be sent back to:

Cantina Follie
by J & D di Borzi Deborah & C snc
Via Pietro Lingeri, 16 (Ex via Volta)
Tremezzina - Loc. Tremezzo
22016 (CO) Italy

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 21 days, including any shipping costs.
7. As required by art. 56 paragraph 3 of Legislative Decree 206/2005, modified by Legislative Decree 21/2014, the site can suspend the reimbursement until receipt of the goods or until the buyer has demonstrated that he has sent the goods back.
8. The right of withdrawal will not apply if the services and products of ewineshop.it are included in the categories of art. 59 of Legislative Decree 206/2005.
9. The site will perform the refund using the same payment method chosen by the buyer during the purchase. In the case of payment made by bank transfer, and if the buyer intends to exercise his right of withdrawal, he will have to provide the bank details: IBAN, SWIFT and BIC necessary for making the refund.

Art. 12 - Data processing

1. The purchaser's data are processed in accordance with the provisions of the personal data protection legislation, as specified in the specific section containing the information pursuant to art. 13 EU Regulation 2016/679 (Privacy Policy).

Art. 13 - Safeguard clause

1. In the event that one of the clauses of these General Terms and Conditions of Sale is void for any reason, this will in no case compromise the validity and compliance with the other provisions contained in these General Terms and Conditions of Sale.

Art. 14 - Contacts

1. Any request for information can be sent by email to the following address info@ewineshop.it, by phone at the following telephone number: +39 0344 42311, and by post to the following address:
Cantina Follie
Via Pietro Lingeri, 16 (Ex via Volta) Tremezzina
22016 (CO) Italy

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 prevailing mandatory rule of the country of habitual residence of the purchaser. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.
2. Any disputes inherent and / or consequent to them must be resolved exclusively by the Italian courts. In particular, if the buyer holds the status of Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law.

These conditions were drawn up on 10th June 2020.