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DISTANCE SALES CONTRACT
(drafted pursuant to Legislative Decree no. 21 of February 21, 2014)
1 – PREAMBLE
This contract is entered into between UNION srl, Via Mottola n.c. Z.I. D1/3 – 70011 Alberobello (BA) (hereinafter: "UNION srl") – and the end consumer (hereinafter: "Customer") and is configured as a distance contract. It is governed by Legislative Decree no. 21 of February 21, 2014, implementing Directive 2011/83/EU on consumer rights and relates to the sale of movable goods (wine, food products and gift items).
With this contract UNION srl transfers or undertakes to transfer ownership of said goods to the Customer and the latter pays or undertakes to pay the price.
The purchase of goods can be made through the following methods:
The purchasable goods are presented on the website, in paper or electronic catalogs and via e-mail.
It should be noted that UNION srl intends to serve exclusively the end consumer, to whom all products for sale are destined.
Entities with VAT numbers who wish to receive an invoice must request it, providing the references, at the time of ordering.
2 – HOW TO ORDER
Website www.terredeitrulli.it
The Customer must register on the website www.terredeitrulli.it by providing, truthfully and completely, all the data requested in the registration form and accept the privacy policy in full and these Terms of Sale. UNION srl has no visibility on the access credentials of its Customers, who therefore have the obligation to safeguard them.
Subsequently, the customer can add the desired products to their cart. It is possible to correct errors or modify the cart contents by accessing the cart, before the final phase that concludes the order. After selecting the products, the Customer will view the cart contents and the related amount to be paid, with the possibility of updating and/or modifying it.
Then, the Customer will proceed, by clicking on the appropriate button, to complete a form with the information necessary for invoicing (if requested by the customer), payment and delivery. Finally, the cart and the related amount to be paid will be displayed again. The sales contract shall be deemed perfected only when the Customer has accepted the terms of sale provided for in the contract by clicking on the "I order and pay" button. If the Customer does not accept the terms of sale and/or does not proceed to confirm acceptance of the contract by selecting the "I order and pay" button, the sales contract is not deemed perfected and the Customer will not be able to receive the order placed. In this case, UNION srl will not send the products in the cart nor charge the Customer the amount resulting from the summary of their cart. The Customer will, however, receive from UNION srl a confirmation e-mail of order acceptance, sent to the e-mail address provided by the Customer during the order composition phase.
By adhering to the General Conditions, the User declares to be at least 18 years old and to have legal capacity.
3 – PRODUCT DESCRIPTION, CHARACTERISTICS AND PRICES
The characteristics and description of the products for sale are indicated in paper and electronic (online) catalogs next to the individual product or, in the case of the website, also through a specific link.
In the case of products whose purchase is solicited by telephone calls from UNION srl or through teleshopping, their description, characteristics and prices are detailed by the telephone operator. In the case of teleshopping, they are also presented by the television promoter.
The prices of goods are presented on promotional paper material and on the website, inclusive of VAT and any other tax. The duration of promotions and offers is indicated in correspondence with the product or offer to which it refers, as well as the prices applied.
Any accessory expenses, where applicable, are indicated in correspondence with the product to which they apply.
The replacement of a sold-out item within a package will be made with an alternative item of the same value; in the case of a complete package being sold out, UNION srl will contact the Customer.
4 – SHIPPING COSTS
Shipping costs consist of a variable contribution that depends on the number of products purchased for each delivery made on national territory to the same recipient. For orders via the website, the amount is always indicated and visible during the purchase process. For telephone orders, the amount of the contribution for delivery costs is repeated by telephone.
5 – PAYMENT METHODS
Payments can be made with:
It should be noted that UNION srl will not impose on Customers, in relation to the aforementioned payment cards, charges for their use, or in cases expressly established, rates exceeding those incurred by UNION srl itself.
6 – DELIVERY TERMS AND RESPONSIBILITY
UNION srl, in compliance with art. 61, Legislative Decree 21/2014, undertakes to deliver the ordered goods within 15 (fifteen) days for orders up to 200 Euros completed with electronic payment (Credit card, Paypal). Orders of higher amounts require an approval phase by the company and therefore cannot guarantee the 15-day delivery time. Saturdays and Sundays and/or other holidays are not included in the calculation of days (for example, an order placed on Friday or the day before a holiday will be processed on the first available working day). Delivery is deemed completed when the ordered goods come into possession of the Customer or the person they have delegated to collect them. In the event that these terms cannot be met (e.g.: products not present in stock), UNION srl undertakes to notify the Customer through the method that allows the greatest timeliness to warn them and indicate when the goods can be delivered. In this case, the charge of the price to the Customer will occur only upon actual delivery of the ordered products.
Although art. 63, Legislative Decree 21/2014 establishes that if products suffer loss or damage, for reasons not attributable to UNION srl, the resulting risk is transferred to the Customer only when the latter, or a third party designated by them and different from the carrier, physically takes possession of the goods, UNION srl guarantees the replacement of damaged products without any charge to the Customer, by notifying UNION srl Customer Service, Via Mottola n.c. Z.I. D1/3 – 70011 Alberobello (BA), within 48 hours of receiving it.
7 – UNREQUESTED SUPPLIES
Except with the Customer's consent, to be expressed before or at the time of conclusion of the contract, UNION srl will not execute any supply different from that agreed upon, even if of equivalent or superior value and quality.
If the Customer receives an unrequested supply, they must notify UNION srl Customer Service, Via Mottola n.c. Z.I. D1/3 – 70011 Alberobello (BA), so that UNION srl can arrange for the collection of said supply and reimburse the Customer for any sum already paid.
8 – RIGHT OF WITHDRAWAL
Although art. 52, Legislative Decree 21/2014 allows the Customer to exercise the right of withdrawal (i.e., the right to return the goods, for any reason and without providing justifications and without any charge) after 14 (fourteen) days from delivery of the goods, UNION srl grants the Customer the broader term of 30 (thirty) days from delivery of the goods. Therefore, the Customer may exercise the right of withdrawal within 30 (thirty) days from taking possession of the ordered goods simply by notifying UNION srl. The right of withdrawal can be exercised in the following ways:
The collection of goods from the Customer is at the Customer's expense.
In case of withdrawal, the obligations on the part of UNION srl and the Customer lapse. In particular, UNION srl will reimburse the Customer for the costs of the ordered products, including delivery costs, within 14 (fourteen) days from the moment it was informed by the Customer of their wish to exercise the right of withdrawal. UNION srl will reimburse the Customer using the same instrument used by the Customer to pay for the order, unless otherwise agreed between the parties.
To report any anomalies or inconveniences or inefficiencies or receive assistance on products not conforming to the order, the Customer can contact UNION srl Customer Service at the contacts indicated in point no. 1 of this paragraph.
9 – COMPETENT COURT
For any civil dispute between UNION srl and the Customer arising from regulatory interpretation and the conditions presented here, the mandatory territorial jurisdiction is that of the Judge of the place of residence or domicile of the Customer, if located in the territory of the State.
