TERMS AND CONDITIONS
Users of the Services offered by CASTIGLION DEL BOSCO acknowledge and accept these terms and conditions.
“Terms and Conditions (or Terms, or Contract)”: these general conditions of service, as amended from time to time, which constitute a legally binding agreement between the User and the Service Owner.
“User”, “you”, “your”, and similar terms, both singular and plural, refer to you, the User.
“We”, “ours”: and similar terms refer to the corporation that owns and manages.
“Order Confirmation”: indicates the e-mail that CASTIGLION DEL BOSCO sends when the products are shipped confirming the shipment of all or part of the products purchased.
“Consumer”: any natural person who acts for purposes that are outside the scope of his/her commercial, industrial, craft or professional activity.
“Order processing receipt”: indicates the e-mail that CASTIGLION DEL BOSCO sends upon receiving the order.
“Service”: the service offered by CASTIGLION DEL BOSCO as described in these Terms.
DIGITAL PLATFORM INFORMATION
The digital platform is made available, organized and managed by:
CASTIGLION DEL BOSCO Società Agricola a r.l.
Registered office: 53024 Montalcino (SI), Castiglion del Bosco, c / o Cantina
The purchase of products through the wine.castigliondelbosco.com platform is reserved for Users who qualify as Consumers only. Purchases of products aimed at reselling them are not allowed.
CASTIGLION DEL BOSCO is responsible for the management, updating, maintenance of the platform, receipt of purchase orders, transmission of the order confirmation, shipment of the product ordered, performance of the after-sales service.
The products shown and illustrated are offered for sale by the Owner in his name and on his own account.
These general conditions of sale are valid between the owner of the service and the natural person who makes online purchases through the website wine.castigliondelbosco.com.
The purchase of products is allowed only to natural persons over the age according to the law applicable to them who, having read and accepted the information relating to the processing of personal data, have accepted these general conditions of sale.
By sending the orders, the Consumer guarantees that the ordering subject and, if different, the recipient of the products, are both of legal age according to the law applicable to them.
The User is responsible for compliance with applicable local laws, bearing in mind that access to the Castiglion del Bosco e-commerce may not be legal for some people or in some countries.
The User declares informed that the consumption of alcoholic substances must be inspired by the measurement principle.
Users declare to be of legal age according to their applicable law.
By using the platform, the User declares that the person who places an order or receives a shipment or delivery of alcoholic beverages from us is an adult according to the applicable law.
For American Users
By using this site, the User declares to be over 21 years old. Furthermore, Castiglion del Bosco works diligently to ensure that alcoholic beverages are not delivered to anyone under the age of 21.
By using the platform, the User declares that the person who places an order or receives a shipment or delivery of alcoholic beverages from us (where permitted) is more than 21 years old.
You also agree that alcohol purchased from us is intended for personal consumption and not for resale.
USERS WITH DISABILITIES
With the provision of United States of America A.D.A. Act Castiglion del Bosco puts into practice all possible efforts to remove any impediment to browsing the site.
If you have problems navigating the site, please contact us at firstname.lastname@example.org.
OBJECT OF THE CONTRACT
With these general conditions of sale, the Owner sells distance to the User of legal age, who purchases wine products displayed in the online catalog available by accessing the website https://wine.castigliondelbosco.com/shop/?lang=en.
The prices, descriptions and / or availability of the products displayed are subject to change without notice with effect from the date of publication on the website. The images of the products are purely illustrative and do not constitute a contractual element.
Before proceeding with the confirmation of your order, the User undertakes to read these general conditions of sale with specific reference to the pre-contractual information reserved for the consumer.
The communication of confirmation of the purchase will be given by CASTIGLION DEL BOSCO via e-mail which will be delivered to the e-mail address indicated by the User.
PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER
Before concluding the purchase contract, the User must read the characteristics of the products illustrated in the product page that he intends to purchase.
Before proceeding with the validation of the order with payment obligation, the User can view the summary of the order containing the following information: a) total price of the goods, including taxes, with specific indication of shipping costs as well as any other cost placed by the User; b) payment methods; c) deadline by which Castiglion del Bosco undertakes to deliver the goods; d) after-sales assistance.
CONTENTS ON THE PLATFORM
The Owner does not make any prior moderation on the contents or links provided by third parties shown on wine.castigliondelbosco.com.
The Owner is not responsible for these contents and their accessibility.
Users are responsible for their own and third-party content that they share on the platform, by uploading it, inserting content or in any other way.
The Users indemnify Castiglion del Bosco from any liability in relation to the illegal distribution of third-party content or the use of the platform, in a manner contrary to the law.
Castiglion del Bosco does not carry out any kind of moderation of the contents published by the User or by third-parties, but undertakes to intervene in the face of reports from Users or orders given by public authorities in relation to content deemed offensive or illegal.
The contents available on wine.castogliondelbosco.com are protected by copyright law and other international laws and treaties set up to protect intellectual property rights and, unless otherwise specified, their use is allowed to Users only within the limits specified in this clause.
INTELLECTUAL PROPERTY RIGHTS
All trademarks, figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, videos, logos that appear concerning Castiglion del Bosco are and remain the exclusive property of Castiglion del Bosco or its licensors and are protected by applicable trademark laws and related international treaties.
All brands and all other signs, trade names, service marks, word marks, trade names, illustrations, images, videos, logos concerning third-parties and the contents published by these third-parties on Castiglion del Bosco are and remain the exclusive property or in the availability of said third-parties and their licensees and are protected by the laws in force on trademarks and the related international treaties. Castiglion del Bosco does not own these intellectual property rights and can only use them within the limits and in accordance with the contracts concluded with these third-parties and for the purposes outlined therein.
To register, Users must be over the legal age, according to the laws of their countries of origin.
American Users, must be older than 21 and in accordance with all the provision of the country of origin.
Users are responsible for safekeeping their access credentials.
Registration credentials must be used only by the User and cannot be transferred to third-parties. The User undertakes to keep them secret and to ensure that no one has access to them, as well as to inform the Owner without delay in case of suspected improper use and / or disclosure of the same.
It is understood that in no case will the Owner be held responsible in the event of loss, disclosure, theft or unauthorized use by third-parties, for any reason, of the Users’ access credentials.
The sales prices of the products indicated on the site are expressed in Euros.
Shipping costs are not included in the purchase price; these costs are shown to the User when the order is concluded, before the User concludes the payment.
Before finalizing the purchase, a specific summary will be displayed in which the unit cost of the selected product and the total will be indicated, in the event of the purchase of multiple quantities of the same item or different items. The cost of any shipping, delivery or postal charges can be fixed or can be variable, calculated based on the weight of the products, the number of items selected and / or the destination address indicated by the User during the purchase process. Shipping costs can also be included in the sale price of some items or be free of charge if the total amount of the order is greater than a certain value or following a specific promotion. The User is however always informed of the amount of shipping costs before completing the purchase procedure and finalizing the payment.
Custom charges, duties, ancillary taxes are charged to the User and cannot be estimated before.
Following the successful completion of the payment, the User will receive a confirmation e-mail containing the information relating to what has been purchased. The e-mail will also contain the specific reference, with a link, to these general conditions of contract.
The shipment of the products takes place within the time indicated in the order confirmation. Delivery times are also indicated before completing the purchase procedure, during the order summary phase. Delivery times do not take into account any customs periods.
The User declares informed that the specification given on the delivery timing must be understood as indicative, given that it is not always possible to foresee any delays due to the courier in charge of delivery to the customer or other reasons for any delay due to third-parties or for case of force majeure, therefore not attributable to CASTIGLION DEL BOSCO.
The accepted method of payment, unless otherwise specified or agreed with the User, is the PayPal or Credit Card account system through the previous one.
The debit of the sums due occurs, unless otherwise specified in the terms of the offer, at the time of confirmation of payment.
If the User realizes that he has provided incorrect and / or incomplete information about his generality and / or the shipping address of the products, the User must communicate it within 24 hours from the completion of the order to CASTIGLION DEL BOSCO, sending written communication to the e-mail address: email@example.com. In any case, the User is solely responsible for any indication of incorrect and / or incomplete generality and / or delivery address.
CASTIGLION DEL BOSCO does not process and does not keep payment data; these data are processed and / or stored by the relevant payment service providers. The actual payment takes place in fact through fields of insertion of protected and encrypted payment data, as well as directly served by the payment service.
SHIPPING AND CUSTOMS
Deliveries are dispatched from Italy to the address indicated by the User, according to the methods and in compliance with the times specified in the order summary.
At the time of delivery, the buyer must check the contents of the packaging, specifying any anomalies found through annotation in the delivery form.
CASTIGLION DEL BOSCO is not responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the User.
CASTIGLION DEL BOSCO is not responsible for any damage that may have occurred to the products after delivery of the products to the carrier nor for delays in delivery that are attributable to the courier.
Customs duties are calculated according to the regulations of the country of transit of the products. Normally, customs duties are always charged to the recipient of the shipment before delivery. In the process of customs clearance of the shipment, the Owner and the courier do not intervene directly. This type of management is always carried out by the customs of the country in which the products transit.
The costs of customs clearance and any other additional charges shall be borne by the User.
RIGHT OF WITHDRAWAL AND GUARANTEE
Right of withdrawal
In case of purchase of products or services via CASTIGLION DEL BOSCO the User has the right to terminate the contract without specifying the reason, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the products. To exercise the right of withdrawal, the User is obliged to inform the Owner of their decision to cancel by sending an unequivocal statement to the designated contacts via email to firstname.lastname@example.org.
Effects of withdrawal
Users who correctly withdraw from a contract will be reimbursed by the Owner for the payments made to the Owner only for costs incurred for the purchase of the goods. The costs of returning the goods shall be borne by the purchaser. The goods must be shipped to CASTIGLION DEL BOSCO SOCIETA’ AGRICOLA a r.l. in Castiglion del Bosco c/o Cantina, Montalcino(SI), 53024, Italy. The purchaser is responsible for the packaging of the goods intends to return, therefore undertakes to take the necessary precautions in order to safeguard the integrity of the product or products to protect them from any damage and/or alteration.
Reimbursements will be made using the same means of payment as used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event the User shall not incur any additional costs as a result of such reimbursement.
The reimbursement may be withheld until reception of the goods, or until the User has supplied evidence of having sent back the goods, whichever is the earliest.
The User shall send back the goods and return them to the Owner without undue delay and in any event not later than 14 days from the day on which the User communicated his/her intention to withdraw from the contract. The deadline is met if the User sends back the goods before the 14 days period has expired. The User is solely liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
Limitations on the right of withdrawal
Products returned damaged, or used beyond what is necessary to establish their nature, characteristics and inherent functions will be refunded after a deduction of the decrease in value resulting from such damage or use. No refunds will be given when the decrease in value equals the total value.
The User is asked to return the goods attaching a copy of the delivery slip received.
The right of withdrawal is excluded in all cases relating to:
• Goods made to specifications or clearly personalized;
• Goods which are liable to deteriorate or expire rapidly;
• Sealed goods which are not suitable to be returned for reasons of hygiene or the protection of health, if such goods were unsealed after delivery.
If one of the above exceptions is applicable to the goods purchased, the User may not exercise the right of withdrawal.
Applicability of the right of withdrawal
The clauses referring to the exercise of the right of withdrawal and its consequences and exceptions, shall apply exclusively to those Users who qualify as consumers, i.e. Users who are acting for purposes which can be regarded as outside their trade (or entrepreneurial activity) or profession.
The User can take advantage of the after-sales service by contacting customer service by phone at + (39) 0577 19 13 750 from Monday to Friday from 9.00 to 17.30 C.E.T. or by e-mail to the address: email@example.com.
In case of defects of conformity of the purchased product found, the buyer User must promptly send to the e-mail address firstname.lastname@example.org the complaint of the defect of the product found, expressly indicating: the description of the defect found; the product code; the progressive order number issued at the time of purchase; the identification details of the invoice issued by the seller in relation to the products purchased.
RESPONSIBILITY OF THE PURCHASING PARTY
The purchaser is obliged to ensure that the data indicated during the completion of the purchase order are true, complete and up-to-date and to notify promptly any changes to his/her data.
FUNCTIONALITY AND INTERRUPTION OF THE SERVICE
CASTIGLION DEL BOSCO reserves the right to add and / or remove functionality and / or features of the digital platform, as well as the right to suspend and / or interrupt the usability of the service, both temporarily and permanently.
CASTIGLION DEL BOSCO does not assume responsibility for disservices attributable due to force majeure or unforeseeable circumstances even where dependent on disservices of the internet.
The User has the right to access the site for consultation of the same and for the execution of orders. No other use of the site or parts of the site is permitted. The integrity of the elements of the website and the related technology used remain the exclusive property of the Owner, owner of all rights relating to the graphic and conceptual content of the website, as well as relating to the distinctive signs of its made visible. It is therefore forbidden to reproduce, even partial, the content and graphics of the website, as well as the distinctive signs made visible in the same.
The digital platform must be used in compliance with these general conditions of sale. The User is prohibited:
a) reverse engineer, decompile, disassemble, modify or create derivative works based on this digital platform or on any portion of it;
b) circumvent the IT systems used by this digital platform to protect the content accessible through it;
c) to copy, keep, modify, change, prepare derivative works or alter in any way any of the content provided by this digital platform;
d) to use any robot, spider, search and / or site retrieval application, or any other device, process or automatic means of accessing, recovering, scraping or indexing any portion of this digital platform or its contents;
e) to rent, license or sublicense this digital platform;
f) defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights of other Users;
g) to disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
h) to use the digital platform in any other improper way that violates these terms.
The User undertakes to keep CASTIGLION DEL BOSCO harmless from any obligation or liability, including any costs incurred for legal assistance, which may arise in the face of damages, also to third-parties, caused by the failure of the User to comply with the prohibitions indicated above.
We will be exempted from enforcement under these Terms and Conditions if we fail or are prevented, prohibited or delayed from executing because of there: (a) any provision of any present or future law or regulation or order of any court, or any state or local government agency, (b) any third-party act or omission, or (c) any act, emergency condition, war, computer or telecommunication failure or other circumstances beyond our control.
CHANGES TO THESE TERMS
CASTIGLION DEL BOSCO reserves its right to make changes and / or additions to the general conditions of sale.
The changes and / or additions apply to purchases made from the date of their publication. After the publication of the changes on the website, the User who uses the website accepts the new contractual terms without reservation.
Users are therefore required to periodically consult this page, in order to be always informed about the conditions applied. It is understood that the use of the site following these changes implies the tacit acceptance of the same.
ASSIGNMENT OF CONTRACT
CASTIGLION DEL BOSCO reserves its right to transfer, assign, dispose by novation or subcontract entirely or partially the exercise of the rights and / or the fulfillment of the obligations deriving from these general conditions, provided that in compliance with the rights recognized to the User by these general conditions of Sale. The User cannot assign and / or transfer their rights and / or obligations.
The communications relating to these general conditions of sale must be sent by registered letter with acknowledgment of receipt to CASTIGLION DEL BOSCO at the geographical address of its registered office or via e-mail to the address: email@example.com.
DISCLAIMER OF WARRANTIES (only for American Users)
We do not make any representations about the suitability, reliability, availability, timeliness and accuracy of the Sites.
OUR WEBSITE, ITS CONTENT AND ALL PRODUCTS SOLD ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR LEGAL WARRANTIES OF ANY KIND, INCLUDING THE MERCHANTABLE WARRANTIES, OF TITLE, OF NON-INFRINGEMENT THIRD-PARTY RIGHTS, OR ELIGIBILITY FOR ANY PARTICULAR PURPOSE.
WE CANNOT AND DO NOT WARRANT, WE DO NOT PROMISE, WE DO NOT WARRANT AND WE DO NOT ISSUE ANY DECLARATION ON THE ACCURACY, SECURITY, RELIABILITY, AVAILABILITY OR ANY USE OF THE FUNCTIONS, CHARACTERISTICS, THE OPERATIONS OR THE ASSOCIATED INFORMATION SITE, OR THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
LIMITATION OF LIABILITY (only for American Users)
IN NO CASE WILL CASTIGLION DEL BOSCO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGE OR FOR ANY OTHER DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGE FOR LOSS OF USE, DATA OR PROFITS, DERIVING FROM OR IN ANY WAY RELATED TO THE SITE CASTIGLION DEL BOSCO, THE USE OR EXECUTION OF THE SITE CASTIGLION DEL BOSCO, THE DELAY OR THE IMPOSSIBILITY TO USE THE SITE CASTIGLION DEL BOSCO, THE SUPPLY OR THE LACK OF SERVICES, OR FOR ANY EVENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS OBTAINED THROUGH THE SITE CASTIGLION DEL BOSCO, OR OTHERWISE RESULTING FROM THE USE OF THE SITE CASTIGLION DEL BOSCO, WHETHER BY CONTRACT, UNLAWFUL, NEGLIGENCE, OBJECTIVE LIABILITY OR OTHER, ALTHOUGH CASTIGLION DEL BOSCO OR ONE OF ITS SUPPLIERS WAS WARNED OF THE POSSIBILITY OF DAMAGE.
IF YOU ARE NOT SATISFIED WITH ANY PORTION OF THE CASTIGLION DEL BOSCO SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CASTIGLION DEL BOSCO SITE. THIS UNIQUE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS THE LIABILITY OF CASTIGLION DEL BOSCO OR YOUR REMEDIES.
GOVERNING LAW AND JURISDICTION
These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to the law, the jurisdiction of the Italian State and the exclusive jurisdiction of the Court of Siena.
For European Customers only, the mandatory forum shall be the forum of the place where the Consumer has his/her residence.