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Terms of sale
E-commerce site terms and conditions
www.cantinepovero.com
The online shop, www.cantinepovero.com is the exclusive property of Cantine Povero srl VAT N. 00171840051 with registered offices in Via Mattutina, 6 – 14010 Cisterna d’Asti (AT) Tel. 0141.979258.
These general conditions of sale (hereinafter, “General Conditions”) have as their object the regulation of the purchase of products and services, carried out remotely and made available, via the internet, from the website www.cantinepovero.com (hereinafter, the “Site”) in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the “Consumer Code”).
Owner of the e-commerce site www.cantinepovero.com and related Services:
Cantine Povero srl
Via Mattutina, 6
14010 Cisterna d’Asti (AT)
P.IVA 00171840051
E-mail PEC: info@pec.cantinepovero.com
Content provided by the User
Users are responsible for their own and third-party content that they post on the website www.cantinepovero.com. The User indemnifies the Owner from any liability in relation to the unlawful dissemination of third party content or the use of the e-commerce site, in ways that are contrary to the law.
The Owner does not carry out any type of moderation of the content published by the User or by third parties but undertakes to intervene in the face of reports from Users or orders issued by public authorities in relation to content deemed offensive or illegal.
Rights on the content provided by Users
The only rights granted to the Owner in relation to the content provided by the Users are those necessary for the operation and maintenance of the e-commerce site.
Content Provided by Third Parties
The Owner does not make any preventive moderation on the contents or links provided by third parties shown on www.cantinepovero.com. The Owner is not responsible for such contents and their accessibility.
Registration
In order to use the service or part of it, the Customer will be identified through the data entered by the same in the Order Proposal. It is forbidden to provide false and / or invented data: Cantine Povero srl is exempt from any responsibility in this regard. The User is also obliged to view the privacy policy and accepts these general conditions. The User has the duty to keep his own login credentials.
Purchase
Purchase procedure
THE SALE OF ALCOHOLIC PRODUCTS IS FORBIDDEN TO MINORS. The offers of Products on the Site are aimed at customers of age. By placing an order through the Site, you guarantee us that you are of age according to the legislation applicable to the Customer and that you have the legal capacity to enter into binding contracts.
By using the website www.cantinepovero.com, the user guarantees to be over the age of 18 and that the person who will receive the shipment will also be over the age of 18.
Each order sent by the User constitutes an offer for the purchase of products. The Customer can only purchase the products in the electronic catalog of the Site at the time of order confirmation, as described in the relevant information sheets.
It is understood that the images in the information sheets reproduce as faithfully as possible the products indicated. However, the image may differ by year, size, or any other details and therefore must be understood as indicative and the User acknowledges and accepts that such any minor differences do not constitute a lack of conformity of the products.
To complete the online purchase procedure, the User must select the products, place them in the cart, and in a subsequent step complete the checkout.
The order is placed by confirming it, after allowing the user to verify the details and content and is subject to payment of the price, taxes, and shipping and payment costs indicated in the Order Summary form.
The Order Processing Receipt does not constitute acceptance of the order.
The conclusion of the contract takes place at the time of sending the Order Confirmation by the Owner to the email address provided by the User.
In the event of unavailability of one or more of the products purchased, Cantine Povero srl will refund the price of the products and, if all the products purchased are not available, the shipping costs already charged to the customer.
Users are required to register with Cantine Povero srl by providing their personal data and shipping address. The prices are indicated in Euros and include VAT. Cantine Povero srl may provide different offers throughout the year.
The shipping costs (where due) will be visible in the Order summary during the checkout procedure and will be reported in the Order Confirmation sent to the Customer following the acceptance of the Order.
Any changes to the Product Prices will be effective from the date of publication of the new Prices on the Site, without retroactive effect on Orders already accepted by sending an Order Confirmation.
Except in the event of an error pursuant to art. 1431 cc, Cantine Povero srl reserves the right not to accept an Order due to the erroneous price published on the Site or indicated in the email sent to confirm the receipt of the Order, that is, before its acceptance by the Seller.
Terms of payment
The payment methods available to Users are described on the relevant pages of the site.
Payment information will never be used by Cantine Povero srl except to complete the procedures related to your purchase.
Cantine Povero srl uses third party tools for the payment procedure and does not in any way enter into contact with payment data – such as those related to the credit card – provided by the Customer.
Invoices
For each order placed, if the Users have made an express request in the order submission form and have provided the necessary data (valid VAT number or CF) when registering their Account, the Owner will issue an invoice for the material shipped, by sending it by e-mail to the User holding the order. For the details given at the time of issuing the invoice, the information provided by the User at the time of order processing is valid. In fact, no change in the invoice will be possible at a later time after it has been issued.
Availability of products
Prices, descriptions, and availability of the products displayed are subject to change without notice. The photos inserted are merely indicative of the appearance and size of the products, as they may differ partially from the images presented.
Even after sending the Order Confirmation email, in the event of unavailability of some products due to non-supply by the Owner’s producers and / or suppliers or to other causes not foreseeable at the time the order is concluded, the Owner will refund the User for the price of the ordered and unavailable products.
Order Execution
The Order is executed within the terms specified in the summary page and in the Order Confirmation email, subject to the availability of the ordered product. The Owner cannot be held responsible for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time of sending the Order Confirmation.
Delivery
Deliveries are normally made within 72 hours in Italy unless otherwise specified in the order confirmation. In some critical periods for couriers, such as Christmas and other holidays, delays in delivery can occur. The shipping rates are shown in detail when completing the order. Due to legislative limitations, distillates cannot be shipped outside Italy.
Upon delivery of the goods by the courier, the User is required to check that the number of packages actually delivered corresponds to that indicated in the transport document and that the packaging of the packages is intact in all its parts, not damaged, nor compromised by atmospheric events or otherwise altered. Upon delivery, the User is also required to check the packaging by specifying any anomalies in the delivery form.
If the User finds any obvious damage to the packaging and / or the products contained therein or the mismatch in the number of packages, he or she must immediately contest them, writing “subject to control” and specifying the reason for the reservation, eg: “perforated packaging”, “crushed packaging”, etc.) on the courier’s proof of delivery and promptly inform the Owner.
Once the delivery note has been signed, the Customer will not be able to make any objection regarding the external characteristics of what has been delivered. Any problems concerning the physical integrity, correspondence, or completeness of the products received must be reported using the contact methods provided by the Owner.
Delivery is understood to be made when the ordered goods come into the possession of the customer or the person who has delegated the collection. In the event that these terms cannot be met (eg: products out of stock), Cantine Povero srl notify the Customer in the manner that allows the greatest timeliness to warn him and report when the goods can be delivered.
Right of withdrawal
The user who purchased products through the website www.cantinepovero.com has the right to withdraw from the contract concluded with Cantine Povero srl, without any penalty and without specifying the reason, within 14 working days from the date of receipt of the goods, if not otherwise specified. The withdrawal must be exercised by registered letter with acknowledgment of receipt sent to the following address:
Cantine Povero srl
Via Mattutina, 6
14010 Cisterna d’Asti (AT)
The request can be sent in advance by e-mail to cantinepovero@cantinepovero.com, in which it must indicate: the date of purchase and the order number.
Cantine Povero srl will make the refund using the same payment method of the initial transaction, unless the Customer has expressly agreed otherwise, he will not have to incur any costs as a consequence of this refund. The refund will correspond to the total order (item / s + shipping costs if the order consists of a single item or if all the items in the order are returned).
Cantine Povero srl reserves the right at its own discretion to withhold from the refund the amount for any used, damaged, or incomplete products.
Return costs relating to the application of the right of withdrawal
In case of withdrawal, the shipping costs are charged to the Consumer..
Anomaly in the Product
In case of receipt of products deemed non-compliant, it is necessary to inform Cantine Povero srl via e-mail at cantinepovero@cantinepovero.com indicating the order number and the reason for the report.
In case of receipt of damaged products, it is necessary to contact our customer service by email, attaching photographic documentation that highlights the damaged product.
Our customer service is at the customer’s complete disposal to solve the problem and to give all the information necessary to proceed with the replacement or refund.
Effects of withdrawal
If you wish to proceed with the withdrawal – the right of withdrawal is governed by the provisions of Legislative Decree 206/05 (Consumer Code) – it is possible to do so without any penalty within 14 days of receipt of the goods and upon written communication by registered letter with acknowledgment of receipt. Products must be returned intact and in well-closed boxes. The shipment is charged to the consumer who can freely choose the courier of reference. Cantine Povero srl will proceed with the refund within 30 days of receipt and verification of good condition.
The deadline is met if the User returns the goods before the expiry of the 14-day period. The costs of returning the goods will be borne by the User. The User is only responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods.
Limitations on the right of withdrawal on products
Damaged or used products, even if only partially, are not replaced or refunded. The User must insert a copy of the order confirmation email inside the packaging box.
The right of withdrawal does not apply to goods made to measure or clearly personalized or which, by their nature, are liable to deteriorate rapidly, are sealed and do not lend themselves to being returned for hygienic reasons or are connected to the protection of health and have been opened after delivery.
In particular, pursuant to art. 47, paragraph 1, letter l) of the Consumer Code, the right of withdrawal does not apply to contracts for the supply of foodstuffs, beverages or other household goods for current consumption supplied to the User’s home, at his place of residence or place of work, by regular distributors.
Warranty
All products, other than food, sold on the site, are covered by legal warranties. The warranty consists in the replacement, at the Seller’s expense, of defective, incorrect, or damaged products; or, where the replacement of the products is impossible or excessively burdensome for the Seller, the guarantee will consist of a reasonable price reduction; or, again, in the termination of the contract, where the degree of non-conformity of the product is such that a mere reduction in price is not acceptable.
In the case of defective, incorrect, or damaged products, the Customer will promptly contact, and in any case no later than the specified deadline, the Seller, by e-mail to cantinepovero@cantinepovero.com, indicating the problem that arose.
To the aforementioned written communication, it will be necessary to attach photographic material certifying the originality of the packaging, of the cardboard inserts, as well as relating to the products received.
In the case of defective products, in addition to the communication referred to in the second paragraph of this article, the Customer is required to keep and return the purchased bottles to the Seller with at least ¾ of the contents with their original well-sealed caps. Upon receipt of the goods and ascertaining the anomaly, the Seller will replace or refund the returned product.
The warranty is subject, under penalty of forfeiture, to the notification of the defect or lack of quality, within 2 months from the moment in which the Customer has received the purchased products.
However, the warranty loses all effectiveness when changes have been made to the products by the Customer.
Interruption of the service
The Owner reserves the right to add, remove features or suspend or completely interrupt the provision of the Service, both temporarily and definitively. In the event of a definitive interruption, the Data Controller will act as much as possible to allow Users to collect their information hosted by the Data Controller.
Limitation of Liability
The Owner, within the limits of applicable law, is liable for damages of a contractual and extra-contractual nature to Users or third parties only when these are an immediate and direct consequence, for willful misconduct or gross negligence, of the activity of Cantine Povero srl.
The User expressly exempts and relieves the Owner of the Application from any liability, within the limits permitted by applicable legislation, in relation to any damages or claims of any kind and nature of their own and / or third parties including direct, indirect, punitive damages, incidental, special damages resulting from lost profits, lost revenues, data loss or replacement costs arising from or otherwise connected with this agreement.
The Owner guarantees the correct storage and quality of food products only up to the time of delivery at the place indicated by the User; any liability relating to the bad condition of the products due to improper storage after delivery is excluded.
Communications
All communications related to Cantine Povero srl must be sent using the contact information indicated.
Nullity
Should any clause included in these General Conditions be declared totally or partially null or ineffective, such nullity or ineffectiveness would only affect that provision or the part of it that is null or ineffective. The rest of these General Conditions would remain in force and this provision would be considered totally or partially not included.
Applicable law and competent court
These General Conditions of Sale and the Contract are governed by Italian law.
Any dispute that arises from the application of these Conditions or from the Contract will be subject to the jurisdiction of the Italian judge, in accordance with the provisions of current Italian legislation.
For any civil dispute between Cantine Povero srl and the customer depending on the interpretation of the law and the conditions presented here, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the customer, if located in the territory of the State.
Updates and changes
The general conditions of sale may be subject to periodic changes which will be published on the site. The use of our site made following these changes implies acceptance of the new terms.
For other legal information related to the Privacy Policy, you can consult the dedicated sections.
All products, other than food, sold on the site, are covered by legal guarantees.
The warranty consists in the replacement, at the Seller’s expense, of defective, incorrect, or damaged products; or, where the replacement of the products is impossible or excessively burdensome for the Seller, the guarantee will consist of a reasonable price reduction; or, again, in the termination of the contract, where the degree of non-conformity of the product is such that a mere reduction in price is not acceptable.
In the case of defective, incorrect, or damaged products, the Customer will promptly contact, and in any case no later than the specified deadline, the Seller, by e-mail to cantinepovero@cantinepovero.com, indicating the problem that arose.
To the aforementioned written communication, it will be necessary to attach photographic material certifying the originality of the packaging, of the cardboard inserts, as well as relating to the products received.
In the case of defective products, in addition to the communication referred to in the second paragraph of this article, the Customer is required to keep and return the purchased bottles to the Seller with at least ¾ of the contents with their original well-sealed caps. Upon receipt of the goods and ascertaining the anomaly, the Seller will replace or refund the returned product.
The guarantee is subject, under penalty of forfeiture, to the notification of the defect or lack of quality, within 2 months from the moment in which the Customer has received the purchased products.
However, the guarantee loses all effectiveness when changes have been made to the products by the Customer.
Last Edit: 30/12/2020