Terms and conditions

This contract of general terms and conditions of sale is valid exclusively between the company Tenuta Agricola Lu Spada Srl, with registered office in 72100 Brindisi, Via Dalmazia n. 21, hereinafter also referred to as Tenute Lu Spada, and any consumer purchasing online on the web portal www.tenuteluspada.it.

This contract governs purchases made on the website www.tenuteluspada.it, in accordance with the provisions of the Consumer Code, Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014 and Legislative Decree no. 70/2003 on e-commerce.

Article 1 – SUBJECT OF THE CONTRACT

By this contract of sale, Tenute Lu Spada sells and the End User the consumer purchases at a distance the goods indicated and offered for sale on the website www.tenuteluspada.it. The contract is concluded exclusively online, by means of a purchase order placed in accordance with the procedure set out on the web portal www.tenuteluspada.it.

The Consumer undertakes to read this contract of sale, in particular the consumer information provided by Tenute Lu Spada, and to accept it by ticking a flag in the box indicated, before proceeding to the conclusion of his/her order.

In the order confirmation e-mail, the End User shall also receive a link to download and file a copy of these general terms and conditions of sale, as provided for in Article 51, paragraph 1 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.

Article 2 – CONSUMER INFORMATION – Article 49 of Legislative Decree no. 206/2005

By concluding the purchase contract, the consumer declares that he/she has read the characteristics of the goods that are illustrated in the individual product sheets at the time of the End User’s choice.

By concluding the purchase contract, the consumer declares that he/she has been informed in advance of

1) total price of the goods including taxes, with details of shipping costs and any other costs;

2) mode of payment

3) the term within which Tenute Lu Spada undertakes to deliver the goods

4) conditions, terms and procedures for exercising the right of withdrawal (art. 6 of these conditions) as well as the standard withdrawal form in Annex I, part B of Legislative Decree no. 21/2014

5) information that the End User will have to bear the cost of returning the goods in the event of withdrawal;

6) existence of the legal guarantee of conformity for the goods purchased

7) conditions of after-sales service and commercial guarantees provided by Tenute Lu Spada;

Article 3 – PURCHASING PROCEDURE

The sale of alcoholic products is prohibited to minors.
Pursuant to the law of 08 November 2012 transposing Decree-Law No. 158 of 13 September 2012, the sale of alcoholic products is prohibited to minors, so the user declares that he/she is of legal age according to the legislation applicable to him/her. The user also declares that whoever receives the alcoholic product will be of legal age according to the legislation applicable to the latter.

Registration
In order to purchase, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy and these general conditions. The Owner has no visibility over the access credentials of its users, who therefore have a duty to guard them.

Quantity
A minimum of 6 bottles of wine or a multiple of 6 can be purchased regardless of the type of bottle. For example, 2 bottles of red wine, 2 bottles of rosé wine and 2 bottles of white wine may be purchased. The important thing is that the order total consists of 6 bottles or a multiple of 6 (6,12,18 etc.)

Article 4 – CONCLUSION AND EFFECTIVENESS OF THE CONTRACT

The contract of sale is considered concluded when Tenute Lu Spada sends the consumer an email confirming the order.

The email contains the consumer’s details and order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent.

The consumer undertakes to verify the accuracy of the personal data contained therein and to promptly notify Tenute Lu Spada of any corrections.

Tenute Lu Spada undertakes to describe and present the items sold on the site in the best possible way. The photographs of the products presented on the website www.tenuteluspada.it do not constitute a contractual element, as they are only representative.

Article 5 – AVAILABILITY OF PRODUCTS

Product availability refers to the actual availability at the time the consumer places the order.

However, this availability must be considered purely indicative because, due to the simultaneous presence on the site of several users, the products could be sold to other consumers before the order is confirmed.

Even after the order confirmation email sent by Tenute Lu Spada, there may be cases of partial or total unavailability of the goods.

In this eventuality, the order will be automatically rectified with the elimination of the unavailable product and the consumer will be immediately informed by email and will be offered the opportunity to purchase other products up to the price paid or to obtain a refund of the price paid, which will take place within 7 working days, with express waiver of any other indemnity or compensation of any kind.

Article 6 – METHOD OF PAYMENT

Any payment by the consumer shall be made by credit and/or debit card or through a Paypal account.

Article 7 – PRICES

All sales prices of the products shown on www.tenuteluspada.it are in euros and include VAT.

Shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process, before payment is made.

Tenute Lu Spada reserves the right, which the consumer declares to accept, to modify its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time the order is created and indicated in the confirmation email sent by Tenute Lu Spada to the consumer.

In the event of computer, manual, technical or any other error, which may lead to a substantial change, not foreseen by Tenute Lu Spada, in the retail price, making it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and the amount paid by the consumer will be refunded within 7 working days from the day of cancellation.

The consumer may also make use of discount vouchers or discount codes promptly communicated on Tenute Lu Spada’s Facebook and Instagram channels.

Article 8 – RIGHT OF WITHDRAWAL

In accordance with the legal provisions in force, the consumer has the right to withdraw from the purchase without penalty and without specifying the reason, within a period of 2 days from the date of receipt of the products.

The consumer who intends to exercise the right of withdrawal must notify Tenute Lu Spada by means of an explicit declaration, which may be sent by e-mail to info@tenuteluspada.it or by registered letter with return receipt to the address provided below.

In the event of exercising the right of withdrawal, the consumer must return the goods within 15 days from the day on which he communicated to Tenute Lu Spada his wish to withdraw from the contract pursuant to Article 57 of Legislative Decree no. 206/2005.

The goods shall be sent back to Azienda Agricola Tenuta Lu Spada P.IVA: 02446250744 registered office: Via Dalmazia n. 21 72100 Brindisi

The direct costs of returning the products shall be borne by the consumer.

The goods must be returned intact, in the original packaging, complete in all its parts without any alteration to the packaging itself, the label and/or the guarantee seal.

Without prejudice to the right to verify compliance with the above, Tenute Lu Spada shall refund the amount of the products subject to withdrawal within a maximum period of 14 days, excluding any shipping costs.

As provided for in art. 56 paragraph 3 of Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014, Tenuta Lu Spada may suspend the refund until receipt of the goods Tenute Lu Spada will make the refund by bank transfer to the coordinates that the consumer shall indicate in writing to Tenute Lu Spada

Article 8 – LEGAL GUARANTEE OF CONFORMITY

In the event of receipt of products that do not conform to orders or are defective, the consumer is entitled to have the conformity of the product restored free of charge by replacing the product.

If the consumer finds a defective wine or one that tastes corked, he must re-cork the half-full bottle with the original cork and write to us at info@tenuteluspada.it. The customer must send the defective bottles at their own expense to the operational headquarters of Tenute Lu Spada in via per Pandi n 5 72100 Brindisi . They will be subjected to the indisputable judgement of Tenute Lu Spada and if we agree on the defect, we will replace the bottle or make an equivalent voucher.

The consumer may exercise this right if the defect is attested at the time of delivery of the goods and is reported to Tenute Lu Spada within 2 days of discovery and in any case within 12 months of purchase.

Subsequently, the consumer must proceed with the return request by sending an e-mail to info@tenuteluspada.it or on the website www.tenuteluspada.it in the contact section.

In the event of a defective or non-compliant product, Tenute Lu Spada will, at its own expense, organise the withdrawal of the product, subject to availability of the consumer.

Article 9 – DELIVERY METHODS

The products shall be delivered by express courier to the address indicated to the consumer when placing the order within and no later than 5 working days from the date of receipt by the consumer of the order confirmation email sent by Tenute Lu Spada.

For each order placed on the website www.tenuteluspada.it, the consumer may request an invoice for the goods purchased and shipped by sending an email to info@tenuteluspada.it with all the data and VAT number specifying in the subject line “INVOICE REQUEST” (ex art. 22, paragraph 1, Presidential Decree no. 633/1972 and subsequent amendments).

By placing an order on www.tenuteluspada.it, you give your consent to receive the invoice only in electronic format. The invoice shall be printed and filed as an original, as provided for in Revenue Agency Circular 18/E, 24/06/2014.

Article 10 – LIABILITY

Tenute Lu Spada accepts no liability for inefficiencies attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and inefficiencies of the Internet network, in the event that it is unable to execute the order within the time stipulated in the contract.

Article 11 – ACCESS TO THE SITE

The consumer has the right to access the site for consultation and making purchases.

No other use, particularly commercial, of the site or its content is permitted.

The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of Tenute Lu Spada and are protected by intellectual property law.

Article 12 – MISCELLANEOUS PROVISIONS

These General Terms and Conditions of Sale comprise the entirety of the clauses making up these General Terms and Conditions of Sale. If one or more of the provisions of these General Terms and Conditions of Sale is held to be invalid or declared invalid by law, regulation or following a decision by a court having jurisdiction in Italy, the other provisions shall continue in full force and effect.

Article 13 – APPLICABLE LAW AND COURT OF JURISDICTION

This contract of Sale is subject to Italian law.

If the consumer is resident outside the Italian territory, the Court of Brindisi shall have jurisdiction to settle any dispute between the consumer and Tenute Lu Spada.

Conditions updated to 23/09/2018