Terms and Conditions of Sale for Prime Alture
Art. 1 – General Provisions
- By browsing this area, you access the corporate website of Prime Alture Winery (boutique.primealture.it). Browsing and placing an order on the website imply acceptance of the Conditions and Data Protection Policies adopted by the site as indicated therein.
- These General Terms and Conditions of Sale apply to the sale of products exclusively for purchases made on the website in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 as amended by Legislative Decree no. 21/14 and Legislative Decree no. 70/03) by participating companies.
- Before accessing the products provided by the site, the user is required to read these General Terms and Conditions of Sale, which are considered read and fully and unequivocally accepted at the time of purchase.
- Users are invited to download and print a copy of the purchase form and these General Terms and Conditions of Sale, reserving the right to unilaterally modify the terms without prior notice.
Art. 2 – Object
- These General Terms and Conditions of Sale govern the offer, submission, and acceptance of purchase orders for products with participating companies and do not govern the provision of services or the sale of products by entities other than the site owner (seller) that are present on the same site via links, banners, or other hypertext links.
- Before placing orders and purchasing products and services from other entities, we recommend verifying their sales conditions given our complete and absolute independence.
Art. 3 – Conclusion of the Contract
- To conclude the purchase contract, it will be necessary to fill out the electronic form and transmit it following the instructions provided. In the absence or partiality of this process, the contract shall be considered suspended and not effective.
- The form includes a reference to the General Terms and Conditions of Sale, images of each product and its price, payment methods that can be used, delivery methods for purchased products and related shipping costs, a reference to the conditions for exercising the right of withdrawal; methods and times for returning purchased products.
- Before concluding the contract, you will be asked to confirm that you have read the General Terms and Conditions of Sale including the Information on the right of withdrawal and the processing of personal data.
- The contract is concluded when the seller receives the completed form from the user, after verifying the accuracy of the data contained therein.
- The buyer will be obligated to pay the price from the moment the online order submission process is completed. This will occur by clicking on the “PLACE ORDER” button at the end of the guided procedure.
- Once the contract is concluded, the seller takes charge of the order for processing.
- However, the seller reserves the right to definitively accept the contract if there are valid reasons to contest its perfection. The seller will directly communicate the cancellation of the sales contract to the buyer. In the absence of communication to the contrary within 48 hours, the contract will be considered perfected and effective.
Art. 4 – Registered Users
- In completing the registration procedures, the user agrees to follow the instructions on the site and to provide their personal data correctly and truthfully.
- Once registration is complete, the user will receive a confirmation email at the email address provided. Confirmation must be communicated within 48 hours at most. After this period, in the absence of confirmation, the company will be released from any obligations towards the user.
- Confirmation will in any case release the company from any liability regarding the data provided by the user. The user undertakes to promptly inform the company of any changes to their data communicated at any time.
- If the user provides incorrect or incomplete data, or if there is a dispute regarding payments made by interested parties, the company may choose not to activate or suspend the service until the deficiencies are rectified.
- Upon the first request to activate a profile by the user, the company will assign them a username and password. The user acknowledges that these identifiers constitute the system for validating access to the Services and the only system suitable for identifying the user, and that acts performed using this access will be attributed to them and will be binding on them.
- The user undertakes to keep their login details confidential and to safeguard them with due care and diligence, and not to temporarily transfer them to third parties.
Art. 5 – Product Availability
- Product availability refers to actual availability at the time the buyer places the order. This availability should be considered purely indicative because, due to simultaneous presence on the site of multiple users, products may be sold to other customers before the order is confirmed.
- Even after sending the order confirmation email, cases of partial or total unavailability of goods may occur. In this event, the order will be automatically adjusted by removing the unavailable product, and the buyer will be immediately informed via email.
- If the buyer requests cancellation of the order, resolving the contract, the company will refund the amount paid within 30 days from the date the company became aware of the buyer’s decision to resolve the contract.
Art. 6 – Products Offered
- Participating companies market products derived from their own agricultural production, excluding products purchased from third parties.
- The offer is detailed on our website at the respective company links.
Art. 7 – Payment Methods and Prices
- The price of the products will be as indicated on the website at the time, except where there is an obvious error.
- In case of error, the company will notify the buyer as soon as possible, allowing confirmation of the order at the correct amount or cancellation. However, the company is not obligated to provide goods sold at the erroneously lower price.
- Prices on the site include VAT and do not include shipping charges. Prices may change at any time. Changes do not affect orders for which order confirmation has already been sent.
- Once the desired products are selected, they will be added to the cart. Simply follow the instructions for purchase, entering or verifying the required information at each step of the process. Order details can be modified before payment.
- Payment can be made via bank transfer or electronically through PayPal.
Art. 8 – Delivery
A The companies undertake to ship throughout the Italian territory, excluding the Vatican City State and the Republic of San Marino. Companies reserve the right to communicate different delivery conditions based on the quantities purchased. In this case, the order will remain suspended, and the parties may agree on and define different conditions.
- The company will only deliver to the user’s address provided at the time of purchase, via courier.
- Delivery is generally made within seven days, or if no delivery date is specified, within the estimated period at the time of selecting the delivery method and, in any case, within a maximum of thirty days from the confirmation date.
- If delivery is not possible, the order will be sent to the courier’s depot. In this case, a notice will specify the location of the order and how to arrange for a new delivery.
- If you are unable to be present at the delivery location at the agreed time, please contact the courier again using the notice left at the delivery address to arrange a new delivery date, or pick up directly at one of the courier’s offices.
- If delivery cannot take place due to reasons beyond our control after thirty days from the date the order is available for delivery, we will assume that you intend to terminate the contract.
- As a result of termination, amounts will be refunded, including delivery costs, excluding any additional costs resulting from choosing a delivery method other than the ordinary method offered, without undue delay and in any case within 30 days from the date of contract termination. Transportation resulting from contract termination may incur additional costs that will be borne by the buyer.
- Shipping costs are borne by the buyer and are explicitly highlighted at the time of order placement.
Art. 9 – Transfer of risk
- Risk related to the products passes to the buyer upon delivery. Ownership of the products is considered acquired as soon as full payment of all amounts due in relation to them, including shipping costs, is received, or upon delivery if this occurs at a later date.
Art. 10 – Warranty and Commercial Compliance
- The seller is responsible for any defects in the products offered on the site, including non-conformity of items to ordered products, in accordance with Italian law.
- If the buyer has entered into the contract as a consumer, i.e., any natural person acting on the site for purposes unrelated to any business or professional activity, this warranty is valid provided that the defect occurs within 24 months from the date of product delivery; the buyer makes a formal complaint regarding the defects within a maximum of ten days from the date on which the defect is discovered by them; the online return form is correctly completed.
- In case of non-conformity, the buyer who has entered into the contract as a consumer has the right to obtain restoration of product conformity without charge, through repair or replacement, or to obtain an appropriate price reduction or contract resolution regarding the disputed goods and consequent refund of the price.
Art. 11 – Right of Withdrawal
- In accordance with current legal provisions, the buyer has the right to withdraw from the purchase without penalty and without specifying the reason, within 14 days under art. 57 of Legislative Decree 206/2005 from the date of receiving the products, to be communicated to the seller’s registered office by registered mail or PEC.
- 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 receiving the last product.
- The buyer must exercise the right of withdrawal by sending any explicit statement containing the decision to withdraw from the contract, or alternatively by transmitting the standard withdrawal form as per Annex I, Part B, Legislative Decree 21/2014 (not mandatory).
- The goods must be returned to the seller’s corporate headquarters.
- The goods must be returned intact, in their original packaging, complete in all parts and with all accompanying tax documentation. Subject to the right to verify compliance with the above, the site will refund the amount of the products subject to withdrawal within a maximum period of 30 days, including any shipping costs.
- The right of withdrawal does not apply if the services and products fall within the categories of art. 59 of Legislative Decree 206/2005.
- The site will process the refund using the same payment method chosen by the buyer during purchase. In the case of payment made by bank transfer, and if the buyer wishes to exercise their right of withdrawal, they must provide the bank details: IBAN, SWIFT, and BIC required for the refund.
Art. 12 – Data Processing
- The buyer’s data is processed in accordance with the provisions of personal data protection legislation, as specified in the dedicated section containing information pursuant to art. 13 of EU Regulation 2016/679 (Privacy Policy).
Art. 13- Contacts
- Any requests for information can be sent via email to info@primealture.it.
Art. 14 – Applicable Law and Jurisdiction
These General Terms and Conditions of Sale are governed by Italian law and interpreted accordingly, subject to any prevailing mandatory rules of the country of habitual residence of the buyer. Accordingly, the interpretation, execution, and resolution of these General Terms and Conditions of Sale are exclusively subject to Italian law.
- Any disputes arising from or related to these shall be exclusively resolved by the Italian judicial authority. In particular, if the buyer is a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the buyer in accordance with the applicable law.
These conditions were drafted on March 31, 2020.