1. Scope
These general terms and conditions of sale ("Terms") govern all distance sales contracts entered into between Azienda Agricola La Fornace di Fabio Giannetti ("Seller") and the Customer through the Wine Club shop on www.agricola-lafornace.it ("Site").
The Terms are made available to the Customer before the contract is concluded and can be stored and reproduced pursuant to art. 12 of Italian Legislative Decree 70/2003. The Terms in force on the date the order is sent apply, and are referred to in the order confirmation.
Contracts are governed by Italian law, in particular by Legislative Decree 206/2005 ("Consumer Code") and Legislative Decree 70/2003. A "consumer" is a natural person acting for purposes outside their trade, business, craft or profession. The provisions of the Consumer Code referred to in these Terms apply to consumer Customers only.
2. The Seller
Azienda Agricola La Fornace di Fabio Giannetti
Address: Podere Fornace 154/A — 53024 Montalcino (SI), Italy
VAT number: IT00948330527 — Tax code: GNNFBA74D14F402G
Siena Companies Register, REA: SI-108288
Certified e-mail (PEC): brunellolafornace@pec.rtd.it
E-mail: info@agricola-lafornace.it
Phone: +39 0577 848465 — Mobile: +39 348 5181644
3. The Wine Club and membership
3.1 The shop on the Site is reserved to Wine Club members. Membership is free, reserved to persons aged eighteen or over and, for deliveries outside Italy, of the minimum age required to purchase alcoholic beverages in the country of destination, and is obtained from the "Join the Wine Club" page by entering one's details and country of residence; the account is activated by confirming the e-mail address.
3.2 Prices and the availability of a product depend on the country set in the Customer's profile (art. 5). The Customer must state their country truthfully and update it from their profile if it changes.
3.3 The Customer is responsible for keeping their login credentials confidential. The Customer may cancel their membership at any time by writing to the Seller at the contacts in art. 2; cancellation does not affect orders already sent.
4. Product information
The essential characteristics of each product, its price and the mandatory information required by the labelling rules for wine and other food products (including designation, alcoholic strength, allergens and, for wines, the list of ingredients and the nutrition declaration required by Reg. (EU) 2021/2117, which may also be provided by means of an electronic label within the limits permitted by applicable law) are shown on the product page of the Site. This is done in compliance with the pre-contractual information requirements of art. 49 of the Consumer Code and with the specific rules on product labelling.
Product images are for illustration. As agricultural products, the colour, aroma and taste of wines and olive oil may show the natural variations of vintage, harvest and ageing.
Vintage. The vintage of each wine is shown on the product page. If that vintage is sold out, the Seller informs the Customer before shipping and offers the next available vintage; the Customer may accept it or cancel the order for that product with a full refund.
5. Prices, quantities and shipping costs
5.1 Prices are in euro and include VAT and any other tax applicable in Italy. The prices shown to the Customer are those set for the country in their profile; some products may not be available for certain countries, and in that case they cannot be purchased.
5.2 Cases of 6. Bottles are shipped in cases of six and are therefore bought in multiples of six (6, 12, 18…), also mixing different products. Products excluded from this rule are indicated on their product page. The cart shows the Customer how many bottles are missing to complete the case and does not allow the order to be sent until the rule is met.
5.3 Shipping costs are included in the product price for all destinations offered at checkout: the order summary shows the total to be paid before the Customer sends the order. Any customs charges referred to in point 5.4 remain payable by the Customer.
5.4 Shipping outside Italy. For deliveries to countries outside the European Union, customs duties, import taxes and clearance fees may be due, set by the authorities of the destination country and requested on delivery. These charges are not included in the price or in the shipping costs and are borne by the Customer, who must check in advance any restrictions on importing alcoholic beverages into their country.
5.5 Wine Club members may receive discounts linked to their membership level or to promotional codes. The discount applied is shown in the order summary before sending. Where a price reduction is announced, the Seller states the previous price as required by art. 17-bis of the Consumer Code.
6. Ordering process and conclusion of the contract
6.1 To purchase, the Customer signs in to the Wine Club, selects the products, adds them to the cart, chooses from their profile the delivery address and billing details, the shipping and payment methods, and sends the order. Before sending, the Customer can check and correct the data entered and change the contents of the cart at any time.
6.2 Before sending the order the Customer reads these Terms and expressly accepts them by ticking the relevant box. The order button reads "Order with obligation to pay", in accordance with art. 51 of the Consumer Code.
6.3 The order sent by the Customer is a contractual offer. The automatic acknowledgement sent immediately after the order only confirms receipt under art. 13 of Legislative Decree 70/2003 and does not constitute acceptance. The contract is concluded when the Seller, having checked product availability and successful payment, sends the Customer the order confirmation referred to in art. 8, unless it first notifies non-acceptance under art. 9.
6.4 The order status can be checked in the Wine Club reserved area. The contract and order data are stored by the Seller for the period required by applicable law; the Customer can view them in the reserved area or request a copy at the contacts in art. 2.
6.5 The contract may be concluded in Italian or English. These Terms are available in both languages; in case of discrepancy the Italian text prevails.
7. Payment methods
7.1 The price and shipping costs can be paid with the following methods, offered at checkout:
- payment card, through the Nexi XPay service;
- advance bank transfer.
7.2 With card payment the charge is made when the order is sent. Card data are collected and processed exclusively by Nexi on its secure pages and are never accessible to the Seller. If the payment fails or is cancelled by the Customer, the order is cancelled automatically and the cart remains available for a new attempt.
7.3 With bank transfer, the bank details are given in the order confirmation. The products are reserved for the Customer for ten working days from the order and are shipped after the amount is credited. If the amount is not credited within that period, the order is cancelled and the Customer is informed.
8. Order confirmation
Pursuant to art. 51(7) of the Consumer Code, the Seller sends the Customer, at the e-mail address of their account, confirmation of the contract on a durable medium. It contains the order summary, the essential characteristics of the products, the price, shipping costs, payment method, delivery address, information on the right of withdrawal with a link to the online withdrawal procedure, the version of these Terms accepted with the order and a link to their text, which includes the model withdrawal form.
9. Non-acceptance of the order
9.1 The Seller informs the Customer of acceptance or non-acceptance within five working days of the order; for bank transfer orders the period starts when the amount is credited. Before the contract is concluded the Seller may refuse the order only in the following cases: unavailability, even temporary, of the products ordered; incomplete or clearly incorrect data provided by the Customer, including the country in the profile; failed payment; impossibility of delivering to the address given, also due to bans or restrictions on importing alcoholic beverages; order linked to fraudulent use of payment instruments; failure to confirm the required age under art. 15 of these Terms; obvious price error under art. 16 of these Terms.
9.2 In such cases the Seller refunds in full any amount already paid, without undue delay and in any case within fourteen days of the notice, using the same means of payment used for the purchase, unless otherwise expressly agreed with the Customer.
9.3 If only some of the products are unavailable, the Seller contacts the Customer to agree on a partial shipment with refund of the difference, replacement with another vintage or product, or cancellation of the whole order.
10. Right of withdrawal
10.1 The consumer Customer has the right to withdraw from the contract, without giving any reason and without any penalty, within fourteen days.
10.2 The period starts on the day the Customer, or a third party indicated by the Customer other than the carrier, takes physical possession of the products. If an order consists of several products delivered separately, the period starts from the delivery of the last product.
10.3 To exercise the right of withdrawal the Customer informs the Seller of their decision by an explicit statement, using alternatively: the online procedure on the "Withdrawal" page of the Site (www.agricola-lafornace.it/en/recesso), also reachable from the order details in the reserved area and from the link in the order confirmation; the model withdrawal form at the end of these Terms; any other explicit statement sent to info@agricola-lafornace.it or by registered letter to the address in art. 2. To meet the deadline it is sufficient to send the communication before the period expires.
10.4 The Seller sends the Customer, without delay and on a durable medium, an acknowledgement of receipt of the withdrawal.
10.5 Withdrawal may also concern only some of the products in the same order. If, after a partial withdrawal, the products kept no longer form complete cases under art. 5.2, the withdrawal remains fully valid: the rule only concerns how orders are made up and does not limit the right of withdrawal in any way.
10.6 The Customer returns the products to the Seller without undue delay and in any case within fourteen days of communicating the withdrawal, to the address in art. 2. The direct cost of returning the products is borne by the Customer. Packaging suitable for glass bottles is recommended.
10.7 The Customer is only liable for any diminished value of the products resulting from handling other than what is necessary to establish their nature, characteristics and functioning. Bottles uncorked or otherwise opened after delivery suffer a diminished value for which the Customer is liable under this point.
10.8 The Seller reimburses all payments received from the Customer, including standard delivery costs, without undue delay and in any case within fourteen days of being informed of the withdrawal. The refund is made using the same means of payment as the initial transaction, unless the Customer has expressly agreed otherwise; in any case the Customer bears no cost for the refund.
10.9 The Seller may withhold the refund until it has received the products back or until the Customer has supplied proof of having sent them back, whichever is earlier.
10.10 If the Customer chose a delivery method other than the least expensive standard delivery offered by the Seller, the refund does not include the additional costs of that choice.
11. Exclusions from the right of withdrawal
11.1 Pursuant to art. 59 of the Consumer Code, the right of withdrawal does not apply to products made to the Customer's specifications or clearly personalised (for example bottles with a personalised label produced at the Customer's request) and to the other cases provided for by that article, where applicable. Merely choosing or combining products already in the catalogue, including in a gift box, does not constitute personalisation and does not exclude the right of withdrawal.
11.2 Any exclusion is indicated on the product page concerned and recalled in the order summary before sending.
11.3 These exclusions do not affect the legal guarantee of conformity in art. 14, nor the Seller's liability for products delivered damaged or not conforming to the order under art. 13.
12. Delivery
12.1 Products are delivered by courier to the address given by the Customer, in Italy and in the countries offered at checkout. Deliveries to PO boxes are not made.
12.2 Delivery takes place within the times shown on the Site at checkout and in any case within thirty days of the conclusion of the contract, pursuant to art. 61 of the Consumer Code. The Seller may postpone shipping in case of extreme temperatures, so as not to compromise the quality of the wine during transport, informing the Customer.
12.3 The Seller sends the Customer a shipping notice with the tracking code.
12.4 If delivery does not take place within the period in point 12.2, the Customer may ask the Seller to deliver within an appropriate additional period and, if the Seller still fails to do so, terminate the contract with a full refund, without prejudice to compensation for damages.
12.5 Pursuant to art. 63 of the Consumer Code, the risk of loss or damage passes to the consumer Customer when they, or a third party indicated by them other than the carrier, take physical possession of the products.
12.6 On delivery the Customer is invited to check that the number of parcels matches the transport document and that the packaging is intact and dry. Visible damage, breakage or missing items can be disputed by noting a written reservation on the courier's proof of delivery. Failure to note a reservation does not affect the consumer Customer's rights for damage or defects not detectable on delivery, nor the legal guarantee of conformity.
12.7 The Seller issues for each order the tax document required by law, based on the billing details given by the Customer when ordering.
12.8 If delivery cannot be made for reasons attributable to the Customer, such as a wrong or incomplete address, absence of the recipient, failure to collect from the courier's depot within the given period, or refusal to pay the customs charges in art. 5.4, the Seller may charge the Customer the documented costs of redelivery or return, after notice.
13. Products damaged or not conforming on delivery
13.1 If products are damaged in transit (for example broken or leaking bottles) or do not match the order, the Customer reports it to info@agricola-lafornace.it with the order number and photos of the parcel and its contents. Reporting within five days of delivery is recommended, so that the claim can be made to the courier. This period is purely organisational and does not cause the loss of any right granted to the Customer by law.
13.2 The Seller does not require broken bottles to be returned. If intact products not matching the order must be returned, return costs are borne entirely by the Seller.
13.3 Once the report has been verified, the Seller, in agreement with the Customer, reships the products at no extra cost or refunds their price, within fourteen days.
14. Legal guarantee of conformity
14.1 All products sold to consumers are covered by the legal guarantee of conformity under articles 128 et seq. of the Consumer Code.
14.2 The Seller is liable to the consumer Customer for any lack of conformity existing at delivery and becoming apparent within two years of delivery. The action to enforce it expires twenty-six months after delivery. Unless proven otherwise, defects becoming apparent within one year of delivery are presumed to have existed at that date, unless this is incompatible with the nature of the product or of the defect.
14.3 In case of lack of conformity the Customer is entitled to the remedies in articles 135-bis et seq. of the Consumer Code. Given the nature of the products, conformity is restored, where possible, by replacing the product, without prejudice to the Customer's right to the other remedies provided by law.
14.4 The natural variations in colour, aroma and taste of wines and olive oil due to vintage and ageing, the presence of sediment or crystals in wines — a natural phenomenon typical of long-aged wines such as Brunello di Montalcino — and deterioration due to failure to follow the storage instructions given are not a lack of conformity.
14.5 Customers who are not consumers are covered by the warranty against defects in articles 1490 et seq. of the Italian Civil Code.
15. Sale of alcoholic beverages
Wines and other alcoholic beverages are sold only to persons aged eighteen or over and, for deliveries outside Italy, to persons who have reached the minimum age required to purchase alcoholic beverages by the law of the country of destination (for example 21 in the United States). The Customer declares to be of the required age when joining the Wine Club and, by ticking the relevant box, with every order containing such products. The Seller may request an identity document and not process the order if age is not confirmed. Such products are delivered only to persons of the required age.
16. Obvious errors
If the price shown for a product is obviously wrong due to a clerical error recognisable as such by an average customer, the Seller informs the Customer within the period in art. 9.1, does not process the order for that product and refunds any amount already paid.
17. Personal data
The Customer's personal data are processed by the Seller, as data controller, for the purposes and in the ways described in the privacy policy available on the Site, in accordance with Regulation (EU) 2016/679 and Legislative Decree 196/2003.
18. Applicable law, jurisdiction, complaints and disputes
18.1 These Terms are governed by Italian law. For consumer Customers resident in other EU Member States, the more favourable mandatory provisions of the law of their country of residence remain applicable.
18.2 Disputes with consumer Customers fall under the exclusive jurisdiction of the court of the consumer's place of residence or domicile, if in Italy. Disputes with Customers who are not consumers fall under the exclusive jurisdiction of the Court of Siena.
18.3 The consumer Customer may use the alternative dispute resolution procedures under articles 141 et seq. of the Consumer Code, by contacting an ADR body listed by the Italian Ministry of Enterprises and Made in Italy, in accordance with the procedures and conditions laid down by applicable law. The Seller provides the Customer with the information required by art. 141-sexies of the Consumer Code. In particular, if a complaint submitted to the Seller is not resolved, the Seller indicates the competent ADR bodies, where they exist, and states whether it intends to use them. Recourse to ADR procedures is optional and does not affect the Customer's right to bring proceedings before the courts.
18.4 For information, assistance and complaints the Customer may contact the Seller at the details in art. 2. The Seller replies to complaints within ten working days of receipt.
18.5 The Seller may amend these Terms at any time. Amendments are published on the Site with the update date and apply to orders sent after publication. If any clause is void or ineffective, the remaining clauses remain valid.
Annex — Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract; alternatively you can use the online procedure at www.agricola-lafornace.it/en/recesso)
To: Azienda Agricola La Fornace di Fabio Giannetti, Podere Fornace 154/A, 53024 Montalcino (SI), Italy — info@agricola-lafornace.it
I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods: ____________________
Ordered on ____________ / received on ____________
Order number: ____________
Name of consumer(s): ____________________
Address of consumer(s): ____________________
Signature of consumer(s) (only if this form is notified on paper): ____________________
Date: ____________