Terms and Conditions

Terms and Conditions of Sale of the “Giusti Wine” Website

These General Terms and Conditions of Sale govern the offer and sale of products through the website shop.giustiwine.com (“Website”).

The products marketed on the Website (“Products”) are offered and sold by:

Società Agricola Giusti Dal Col S.r.l.

(hereinafter also referred to as the “Owner” or “Seller”)

Società Agricola Giusti Dal Col S.r.l. is the owner of the Website as well as the “Giusti Wine” trademark.

On the Website, Società Agricola Giusti Dal Col S.r.l. offers wine and other alcoholic beverages bearing the “Giusti Wine” trademark for sale (the “Products”).

 

1. Scope and Website Navigation

1.1 The offer and sale of Products on the Website constitute a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree No. 206 of 6 September 2005 (“Consumer Code”) and Legislative Decree No. 70 of 9 April 2003, containing the regulations on electronic commerce.

1.2 These General Terms and Conditions of Sale apply to all sales carried out by Società Agricola Giusti Dal Col S.r.l. on the Website.

1.3 The General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions will come into effect from the time of their publication on the Website in the “Terms and Conditions” section. Users are therefore invited to access the Website regularly and to consult, before making any purchase, the most up-to-date version of the General Terms and Conditions of Sale.

1.4 The General Terms and Conditions of Sale applicable are those in force on the date the purchase order is submitted.

1.5 These General Terms and Conditions of Sale do not govern the sale of products and/or the provision of services by parties other than Società Agricola Giusti Dal Col S.r.l. that are present on the Website via links, banners, or other hyperlinks. Before entering into commercial transactions with such parties, it is necessary to check their terms of sale. Società Agricola Giusti Dal Col S.r.l. is not responsible for the provision of services and/or the sale of products by such parties. Società Agricola Giusti Dal Col S.r.l. does not perform any inspection and/or monitoring of the websites accessible through such links. Società Agricola Giusti Dal Col S.r.l. is therefore not responsible for the content of such websites nor for any errors and/or omissions and/or violations of the law by them.

1.6 The user is required to carefully read these General Terms and Conditions of Sale, which Società Agricola Giusti Dal Col S.r.l. makes available to them in the “Terms and Conditions” section of the Website and which they are permitted to save and reproduce, as well as all other information that Società Agricola Giusti Dal Col S.r.l. provides them on the Website, both before and during the purchase procedure.

1.7 At the time when the user first requests to visit the Website, and in any case from the date of entry into force of EU Regulation 2018/302 of the European Parliament and of the Council of 28 February 2018 (the so-called “Geo-Blocking Regulation”), the user may select the version of the Website, from those available, that they intend to visit.

It is also specified that, after the start of the purchase procedure (which coincides with the time when the user, to add a product to the cart, clicks “Buy”), the user may still choose to change the version of the Website they previously selected, but this will result in the interruption of the purchase procedure, the emptying of the cart, and the redirection of the user to the Home Page of the version of the Website they have chosen according to the procedure described in the preceding paragraph.

In any case, the following remain excepted:

- the case in which the blocking, limitation of access, or redirection to an alternative version of the Website for reasons related to the nationality, place of residence, or place of establishment of the user is necessary to ensure compliance with a legal requirement provided for by European Union law or applicable domestic law; in such a case, a clear and specific explanation will be provided of the reason why the blocking, limitation of access, or redirection to an alternative version of the Website is necessary;

- the right of Società Agricola Giusti Dal Col S.r.l. to make targeted offers and/or establish different general terms of access (e.g. by providing versions of the Website specific to a country), including net sales prices, while maintaining, in any case, non-discriminatory treatment independent of the nationality, place of residence, or place of establishment of the users.

2. Purchases on the Website

2.1 The purchase of Products on the Website is permitted only to parties that:

1. have reached the age of 18 or are otherwise of legal age according to the law applicable in the user's country of residence;
2. are consumers, meaning natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional, or artisanal activity they may carry out;

iii. do not fall under the case provided for in the following Art. 8.10.

2.2 Società Agricola Giusti Dal Col S.r.l. reserves the right to refuse or cancel orders that come from:

1. a user with whom it has ongoing legal litigation;
2. a user who has previously violated the conditions and/or terms of the purchase contract with Società Agricola Giusti Dal Col S.r.l.;

iii. a user who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments;

9. users who have provided false, incomplete, or otherwise inaccurate identification data or who have not promptly sent Società Agricola Giusti Dal Col S.r.l. the information and/or documents requested by it within the scope of the procedure referred to in the following Art. 9.7 or who have sent it invalid documents.

3. Registration on the Website

3.1 The purchase of Products on the Website may occur after registration on the Website.

3.2 Registration on the Website is free. To register on the Website, the user must complete the appropriate form, entering their name, surname, title, an email address, and a password, and click “Register”. Upon successful registration on the Website, the user will be confirmed via a specific email.

3.3 Registration on the Website, through the opening of a personal account called “My Account”, allows the user to:

1. save their addresses;
2. save their payment details, so that they can be reused for the payment of subsequent purchases;

iii. access all information relating to orders and returns;

1. track the status of the order;
2. manage their personal data and update it at any time;
3. revoke, at any time, the consent they may have expressed pursuant to and for the purposes of Art. 1.7 above.

3.4 The registration credentials (email address and password) allow the user to make purchases on the Website.  

3.5 In any case, the registration credentials must be kept with extreme care and attention, may be used only by the user, and cannot be transferred to third parties. The user undertakes to keep them confidential and to ensure that no third party has access to them. They also undertake to immediately inform

3.6 The user guarantees that the personal information provided during the registration procedure on the Website and/or at any other time during their relationship with Società Agricola Giusti Dal Col S.r.l. is complete and truthful and undertakes to hold Società Agricola Giusti Dal Col S.r.l. harmless from any damage, liability for damages, and/or penalty arising from and/or in any way connected to the user's violation of the rules on registration on the Website or on the safekeeping of the registration credentials.

3.7 Registration on the Website and/or purchase through the Website constitute acceptance of these General Terms and Conditions of Sale.

4. Information directed at concluding the contract

4.1 In accordance with Legislative Decree No. 70 of 9 April 2003 containing provisions on electronic commerce, Società Agricola Giusti Dal Col S.r.l. informs the user that:

1. to conclude the purchase contract for one or more Products on the Website, the user must complete an order form in electronic format and transmit it to Società Agricola Giusti Dal Col S.r.l. electronically, following the instructions that will appear on the Website from time to time;
2. the electronic submission of the order creates an obligation for the user to pay the indicated price;

iii. before proceeding with the transmission of the order form, the user may identify and correct any data entry errors following the instructions on the Website;

1. once the order form is registered and confirmation of the validity of the payment method used is received, Società Agricola Giusti Dal Col S.r.l. will send the user, at the indicated email address, the confirmation of receipt of the order and the summary thereof. This communication will not, however, constitute automatic acceptance of the order;
2. the conclusion of the contract occurs at the time Società Agricola Giusti Dal Col S.r.l. sends the order confirmation to the email address provided by the user, containing: a summary of the General Terms and Conditions of Sale, as well as the special conditions applicable to the contract, information relating to the essential characteristics of the Product, a detailed indication of the price, delivery costs, and any additional costs, the payment method used, as well as information on the right of withdrawal or its exclusion;
3. Società Agricola Giusti Dal Col S.r.l. reserves the right not to confirm an order, notifying the user within 5 (five) business days from the submission of the order at the email address provided by the user of the unavailability of one or more of the purchased products. In cases of temporary unavailability of one or more products ascertained after the conclusion of the contract, Società Agricola Giusti Dal Col S.r.l. will inform the user via email of the unavailable products, summarizing the details of the order (available products and quantities) and the consequent update of the amount due. In the event of payment, Società Agricola Giusti Dal Col S.r.l. will refund the price relating to the unavailable products, without being liable for further compensation.

vii. the order form will be stored in the database of Società Agricola Giusti Dal Col S.r.l. for the time necessary for its execution and, in any case, within the terms of the law. To access their order form, the registered user may consult their personal area on the Website.

5. Product Information

Each Product is accompanied by a descriptive sheet illustrating its main characteristics. The images and descriptions on the Website reproduce the characteristics of the Products as faithfully as possible, but must be understood as indicative and subject to standard tolerances. For the purposes of the purchase contract, the description of the Product contained in the order form transmitted by the user shall prevail.

6. Prices

6.1 All Product prices published on the Website are expressed in Euros (or in local currency, outside the European area) and are understood to include Value Added Tax - VAT.

6.2 Società Agricola Giusti Dal Col S.r.l. reserves the right to change the price of the Products at any time without notice, provided that the price charged to the user will be the one indicated on the Website at the time the order is placed and that any subsequent variations (increase or decrease) after the transmission thereof will not be taken into account.

6.3 In the event that a Product is offered on the Website at a discounted price, the full reference price against which the discount is calculated will be indicated on the Product Sheet.

7. Payment methods in the case of purchase on the Website

7.1 Payment of the price of the Products and the related shipping and delivery costs, if any, may be made by the User according to one of the methods indicated in the order form.
In the case of payment by credit card, the payment procedure will take place through a secure connection directly linked to the banking institution holding the online payment service to which third parties cannot have access. In particular, financial information (e.g. credit card / debit card number, expiration date) will be transmitted through an encrypted protocol, which provides the related remote electronic payment services, without third parties being able to access it. Such information will never be used and/or stored in any format (including electronic) by Società Agricola Giusti Dal Col S.r.l..

7.2 The order amount will be charged on the day of shipment, without prejudice to the User's right to have the amount credited back in case of non-performance by Società Agricola Giusti Dal Col S.r.l. or failure to execute the contract for any reason.

7.3 The User is solely responsible for the data entered, therefore guaranteeing that they will only use credit/debit cards of which they have legitimate availability.

7.4 Until full payment of the price of the ordered products, the products remain the property of the Owner.

8. Delivery of Products

8.1 Delivery of the Products purchased on the Website is carried out through contracted couriers during normal business hours to the shipping address indicated by the user in the order form regardless of the nationality, place of residence, or place of establishment of the user, and according to the methods specified in the order summary.

8.2 The user - regardless of their nationality, place of residence, or place of establishment - is therefore required to enter in the order form a shipping address that is within the borders of the State associated with the Country of Purchase. Orders containing the indication of a shipping address outside these borders will be canceled pursuant to and for the purposes of Art. 1456 c.c. and the Total Amount Due refunded, if already paid, according to the methods and within the terms of the preceding Art. 5.4, insofar as compatible.

8.3 In Italy, delivery, regardless of the nationality, place of residence, or place of establishment of the user, is not carried out: in the localities of Livigno, Campione d'Italia, the Republic of San Marino, and Vatican City; at post office boxes or post office pickup points. In the event that the shipping address is at a post office box or pickup point, or in one of the indicated localities, Società Agricola Giusti Dal Col S.r.l. will proceed with the termination of the contract pursuant to and for the purposes of Art. 1456 c.c. and the refund of the total amount due, if already paid, without undue delay and, in any case, within 15 calendar days from the exercise of the right of termination. The refund amount will be communicated to the user via email and credited to the same payment method used by the user for the purchase.

8.4 The shipping costs of the Products, which may vary in relation to the destination country and the shipping method chosen by the user, and any other eventual additional cost are borne by the user. Their amount will be expressly and separately indicated (in Euros and including VAT) in the order summary and, in any case, before the user proceeds with the transmission thereof, as well as in the order confirmation email.

8.5 The delivery terms are those indicated on the Product Sheet, before the user transmits the order, and in the order confirmation email. They run from the submission of the order, or, in the case of payment by bank transfer, from the date of receipt of the credit by Nel In the event of omission of an indication of a delivery term, it will occur, in any case, within thirty days from the date of conclusion of the contract or the credit of the bank transfer for payment of the price due. The delivery terms are calculated considering only business days and therefore excluding Saturdays, Sundays, and holidays.

8.6 At the time of shipment, i.e. the delivery of the Products to the carrier, a confirmation email of the shipment will be sent to the user, containing a link that will allow them to track the progress of the shipment.

8.7 The delivery obligation is fulfilled by the transfer of material availability or in any case control of the Products to the user.

8.8 It is up to the user to check the condition of the Product that has been delivered to them. Without prejudice to the fact that the risk of loss or damage to the Products, for a reason not attributable to Società Agricola Giusti Dal Col S.r.l., is transferred to the user when the user, or a third party designated by the same and different from the carrier, materially comes into possession of the Products, any anomalies (e.g. tampering, damage, /or alteration of the packaging, incorrect quantity of Products) must be specified in writing directly on the courier's transport document and the User must refuse the delivery.

At the same time, the User is required to report the fact to the Owner's Customer Service according to what is provided in the following Art. 13.

If the User accepts the delivery of tampered, damaged products, they will forfeit the legal warranty of conformity of the products.

8.9 The user acknowledges that collecting the Product is their express obligation under the purchase contract. In the event of a failed delivery due to the recipient's absence at the address specified in the order form, the courier will leave a delivery notice in the mailbox containing a contact number. The courier will then make a second delivery attempt. After two unsuccessful delivery attempts, the package will be held "in storage". Customer Service will then send an email to the user to release the held package and ensure that it is delivered to them as soon as possible. If necessary, Customer Service may agree with the user to change the shipping address. If this attempt also fails or the user does not respond to Customer Service's contact attempt, the Product will be returned to Società Agricola Giusti Dal Col S.r.l. and, in any case, after 15 calendar days from the first delivery attempt or receipt of the Product Ready for Collection Notice email, the contract will be deemed terminated and the purchase order consequently canceled pursuant to Art. 1456 of the Italian Civil Code. Società Agricola Giusti Dal Col S.r.l. will then, within 15 business days following the termination of the contract, refund the Total Amount Due paid by the user, deducting the costs of the unsuccessful Product delivery, the return costs to Società Agricola Giusti Dal Col S.r.l. and any other costs incurred by it due to the failed delivery caused by the recipient's absence. The termination of the contract and the refund amount will be communicated to the user by email.

In the event that, before the thirty-day period expires, the user requests to receive the Product again, Società Agricola Giusti Dal Col S.r.l. will proceed with the new delivery, subject to charging the user, in addition to the delivery costs, the return costs of the Product to Società Agricola Giusti Dal Col S.r.l. and storage costs.

8.10 Those who have failed to collect the package more than twice may not make purchases on the Site. In the event that such individuals place orders in violation of this provision, the purchase contract may be considered terminated by operation of law pursuant to Art. 1456 of the Italian Civil Code and for the purposes set forth therein. The termination of the contract will be communicated to the user by email, and the Total Amount Due will be refunded to the user within the timeframes set forth in Art. 8.9 above and in accordance with the procedures set forth in Art. 8.14 below.

8.11 In the event that the purchased Product is not delivered or is delivered late relative to the delivery timeframes indicated in the Product Sheet and the order confirmation, the user, pursuant to Art. 61 of the Italian Consumer Code, may invite Società Agricola Giusti Dal Col S.r.l. to make the delivery within an additional period appropriate to the circumstances ("Additional Period pursuant to Art. 61, paragraph III, of the Italian Consumer Code"). If such additional period expires without the Products being delivered to the user, the user is entitled to terminate the contract (" Termination of the Contract pursuant to Art. 61, paragraph III, of the Italian Consumer Code"), without prejudice to the right to damages.

The user is not required to grant Società Agricola Giusti Dal Col S.r.l. the Additional Period pursuant to Art. 61, paragraph III, of the Italian Consumer Code ("Excluded Cases") if:

1. a) Società Agricola Giusti Dal Col S.r.l. has expressly refused to deliver the Products;
2. b) compliance with the delivery timeframe indicated during the purchase process and in the order confirmation is considered essential, taking into account all the circumstances surrounding the conclusion of the contract;
3. c) the user informed Società Agricola Giusti Dal Col S.r.l., before the conclusion of the contract, that delivery by or before a specified date is essential.

In the Excluded Cases, if the user does not receive the Products within the delivery timeframe indicated during the purchase process and in the order confirmation, the user is entitled to terminate the contract immediately, without prejudice to the right to damages (" Termination of the Contract in Excluded Cases").

The indication of the Additional Period pursuant to Art. 61, paragraph III, of the Italian Consumer Code and the communication of the Termination of the Contract pursuant to Art. 61, paragraph III, of the Italian Consumer Code or the Termination of the Contract in Excluded Cases must be communicated by the user to Società Agricola Giusti Dal Col S.r.l. at the addresses set forth in Art. 13 below.

In the event of Termination of the Contract pursuant to Art. 61, paragraph III, of the Italian Consumer Code or Termination in Excluded Cases, Società Agricola Giusti Dal Col S.r.l. will refund the Total Amount Due to the user without undue delay. The refund will be made in accordance with the procedures set forth in Art. 8.14 below.

In the event that the user does not set the Additional Period pursuant to Art. 61, paragraph III, of the Italian Consumer Code or, where applicable, does not proceed with the Termination of the Contract pursuant to Art. 61, paragraph III, of the Italian Consumer Code or Termination of the Contract in Excluded Cases, without prejudice to the user's right to avail themselves at any time of such remedies and/or the ordinary means of protection made available by law and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, Società Agricola Giusti Dal Col S.r.l. undertakes to:

1. promptly notify the user by email of the delivery delay ("Delay Notice Email"), indicating the new delivery timeframe, if available ("New Delivery Timeframe");
2. in the event of delivery with a delay of between 1 and 3 business days relative to the New Delivery Timeframe, refund the delivery costs to the user, if already paid, within 10 business days from the expiration of the New Delivery Timeframe or not require payment, if not yet paid;

iii. in the event of delivery with a delay of between 4 and 10 business days relative to the New Delivery Timeframe, allow the user, upon request, to refuse delivery and terminate the contract, with the Total Amount Due, if already paid, being refunded immediately and, in any case, within 10 business days of the request to terminate the contract or, alternatively, if the user does not wish to terminate the contract, refund the delivery costs to the user, if already paid, within 10 business days of the request or not require payment, if not yet paid;

8. in the event of a delivery delay exceeding 10 business days relative to the New Delivery Timeframe or, in any case, 20 days relative to the original delivery timeframe, offer the user, in addition to the provisions of Art. 8.11 (iii) above, the supply of a different Product of equivalent or higher value, subject to payment, in the latter case, of the difference and subject to the user's express consent.

8.12 In the event that the Delay Notice email is not sent or the New Delivery Timeframe is not specified therein, all the timeframes set forth in Art. 8.11 (ii), (iii) and (iv) above will run from the original delivery timeframe.

8.13 The user must promptly communicate to Società Agricola Giusti Dal Col S.r.l., by sending an email to the address set forth in Art. 13 below, their acceptance of the New Delivery Timeframe or their choice in the cases set forth in Art. 8.11 (iii) and (iv).

8.14 In all cases set forth in Art. 8.9, 8.10 and 8.11 above in which a refund is due to the user, the refund amount will be communicated to the user by email. It will be credited to the same payment method used by the user for the purchase. In the event of payment by bank transfer, the refund will be made by bank transfer; Società Agricola Giusti Dal Col S.r.l. will request the bank details from the user necessary to make the refund. Any delays may be due to the banking institution, the type of credit card used, or the payment solution used. In any case, the value date of the recredited amount will be the same as the original debit date.

9. Right of Withdrawal

1. A) Purchases on the Site

9.1 The user who has the status of a consumer has the right to withdraw from the purchase contract for the Product, without having to provide any reason and without incurring any costs other than those set forth in Art. 9.7 below, within fourteen calendar days. The withdrawal period ("Withdrawal Period") expires 14 days after the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Products.

9.2 To exercise the right of withdrawal, the user must inform Società Agricola Giusti Dal Col S.r.l., before the expiration of the Withdrawal Period, of their decision to withdraw.

9.3 To this end, the user may:

1. a) use the standard withdrawal form made available to them on the Site , before the conclusion of the contract (" Standard Withdrawal Form") and attached to the order confirmation email; or
2. b) submit any other explicit written declaration of their decision to withdraw from the contract, indicating the order number, the Product/Products for which they intend to exercise the right of withdrawal and their address ("Declaration of Withdrawal ").

9.4. If the user opts for the Declaration of Withdrawal, it is in the user's interest to use a durable support for it, since the burden of proof regarding the exercise of the right of withdrawal before the expiration of the Withdrawal Period rests with the user themselves.

9.5 Following the exercise of the right of withdrawal, the user must return the Products to Società Agricola Giusti Dal Col S.r.l., without undue delay and in any case no later than 14 calendar days from the date on which they communicated their decision to withdraw to Società Agricola Giusti Dal Col S.r.l.; the Product is considered returned when it is delivered, within the aforementioned timeframe, to the courier designated by (“Return Timeframe”). For the return, the user must follow the procedure set forth in Art. 9.6 below, as well as the instructions made available to the user both on the Site, before the conclusion of the contract, and attached to the order confirmation email (“Standard Withdrawal Instructions”).

9.6 Within the Return Timeframe:

(i)        the user who returns the Product from the same country in which the Product was delivered to them, as indicated in the order confirmation email (e.g., if the user—regardless of their nationality, place of residence, or place of establishment—requested that the product be delivered in Italy, the prepaid return procedure set forth in this paragraph may only be used if the place where the Product subject to withdrawal is collected is in Italy), must return it, properly protected and packaged, via the courier made available by Società Agricola Giusti Dal Col S.r.l., attaching the prepaid label provided to the user following the return arrangements made with Società Agricola Giusti Dal Col S.r.l. to the packaging of the Product to be returned (“Courier Label”). The user may contact the courier, whose contact details are indicated in the Standard Withdrawal Instructions, to agree on the date and place of collection of the package. In this case, the user will not pay the return costs of the Product, which will be borne by Società Agricola Giusti Dal Col S.r.l., and will not bear the risks of loss or damage to the Product during shipping (“Prepaid Return”).

(ii)       the user who returns the Product from a country other than the one (indicated in the order confirmation email) in which delivery took place or, even in the same country, with a courier of their choice, must return it, properly protected and packaged and under their own responsibility, using a carrier of their choice and at their own expense, including any customs costs (“Return via Own Carrier”) and shipping it to the following address:
Società Agricola Giusti Dal Col S.r.l.

____________________________
Italy.

OR

 

 

 

 

9.7 If the user withdraws from the contract, Società Agricola Giusti Dal Col S.r.l. will proceed with the refund of the Total Amount Due paid by the user for the Product, including delivery costs, without undue delay and in any case no later than 14 calendar days from the day on which Società Agricola Giusti Dal Col S.r.l. was informed of the user's decision to withdraw from the contract. The refund amount will be communicated by email. The refund will be made using the same payment method used by the user for the initial transaction, unless the user has expressly agreed otherwise; in any case, the user will not have to bear any cost as a consequence of such refund. The value date of the credit will be the same as the credit date itself.

If the user returns the Products subject to withdrawal from a country other than the one (indicated in the order confirmation email) in which delivery took place, and therefore avails themselves of a carrier of their choice and at their own expense,

9.8 The Product must nevertheless be stored, handled, and inspected with normal diligence and returned intact, complete in all its parts, contained in its original packaging in no way opened, accompanied by all accessories, with the labels and barcodes and any other eventual seal still attached to the Product and intact and untampered with.

9.9 In the event that the withdrawal is not exercised in accordance with the provisions of the applicable regulations, or the Products are returned incomplete, ruined, damaged, deteriorated, or otherwise even partially used, it will not entail the termination of the contract and, consequently, will not entitle the user to any refund. Società Agricola Giusti Dal Col S.r.l. will communicate this to the user within 5 business days of receipt of the Product, rejecting the withdrawal request. The Product, if already received by Società Agricola Giusti Dal Col S.r.l., will remain with the latter at the user's disposal for collection, which must be carried out at the user's expense and under the user's responsibility.

9.10 In the event that one of the legal hypotheses applies, the right of withdrawal does not apply, specific and express communication of such exclusion will be given in the Product Sheet and, in any case, during the purchase process, before the user proceeds to submit the order.

9.11 The right of withdrawal does not apply in any case to the user who purchased with a VAT number.

 

10. Legal Guarantee of Conformity

10.1 All products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Art. 128-135 of Legislative Decree n. 206/2005 ("Italian Consumer Code") ("Legal Guarantee").

10.2 TO WHOM IT APPLIES

The Legal Guarantee is reserved for consumers. It, therefore, applies only to users who made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity they may carry out.

10.3 WHEN IT APPLIES

The seller (and therefore, regarding purchases made on the Site, Società Agricola Giusti Dal Col S.r.l.) is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which manifests itself within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered, in writing via email to support@giustiwine.com.

The seller will communicate to the user the instructions for the return of the defective product, which will be at the seller's expense.

If the lack of conformity of the Product is ascertained, the user has the right to obtain the replacement of the product.

The user also has the right to request from the seller a reasonable price reduction or the termination of the contract in the following cases:

• If replacement proves impossible or excessively burdensome;
• If the seller has not proceeded with the replacement of the good within a reasonable timeframe, in any case not less than 15 days.

The user is in any case required to return the defective products.

Any defects and flaws determined by accidental events or by the user's responsibility, or by use of the product not in accordance with its intended use, are excluded from the scope of the Legal Guarantee.

 

11. INDEMNIFICATION - COMPENSATION AND LIMITATION OF LIABILITY

11.1 Indemnification. The User undertakes to hold the Owner harmless (as well as any companies controlled or affiliated with it, its representatives, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal costs incurred to defend themselves in court, arising from damages caused to other users or third parties, in relation to the contents uploaded online, the violation of the law or the terms of these terms of service.

The User also indemnifies the Owner from any liability arising from the issuance of incorrect tax documents due to errors relating to the data provided by the User, as they themselves are solely responsible for the correct entry.

11.2 Limitations of liability. The Giusti Wine Site and all the functionalities accessible through it are made available to Users, under the terms and conditions set forth in the Contract, without any warranty, express or implied, that is not mandatory by law.

In particular, no warranty is provided regarding the suitability of the services offered for the particular purposes that the User sets out.

Users use the Site and the features accessible through the Site at their own risk and under their own responsibility.

In particular, the Controller, within the limits of applicable law, shall be liable for contractual and non-contractual damages to users and third parties exclusively in cases of intent or gross negligence when these are the immediate and direct consequence of the Controller's activity.

Therefore, the Controller shall not be liable for:

• any losses that are not a direct consequence of the Controller's breach of the Contract;
• damages or losses arising from interruptions or malfunctions of the Site due to force majeure events or, in any case, unforeseen and unforeseeable events that are, in any case, beyond the Controller's control and external to its sphere of control, such as, but not limited to, failures or interruptions in telephone or electrical lines, the internet network and/or other transmission tools, unavailability of web sites, strikes, natural events, viruses and cyberattacks, interruptions in the provision of third-party products, services or applications; and incorrect or improper use of the Site by Users or third parties;
• any fraudulent and unlawful use that may be made by third parties of credit cards, checks and other means of payment at the time of payment for products; the Controller, in fact, at no point during the purchase procedure is able to know the User's credit card number, which, by opening a secure connection, is transmitted directly to the banking service provider.

12. Applicable law; Out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution

12.1 The purchase contract concluded on the Site is governed by Italian law.

12.2 Without prejudice to the application to users who are not habitually resident in Italy of any more favourable and mandatory provisions provided by the law of the country in which they are habitually resident, in particular in relation to the time limit for exercising the right of withdrawal, the time limit for returning the Products, in the event of exercising such right, the methods and formalities of communication thereof and the legal guarantee of conformity.

12.3 For any dispute relating to the application, performance and interpretation of these General Terms and Conditions of Sale, the court of the place where the Controller has its registered office shall have jurisdiction.

The exclusive consumer court shall be an exception, where provided by law.

12.4 Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree no. 206 of September 6, 2005 (Consumer Code), Società Agricola Giusti Dal Col S.r.l. informs the user who qualifies as a consumer under art. 3, paragraph 1, letter a) of the Consumer Code, that, in the event that they have submitted a complaint directly to Società Agricola Giusti Dal Col S.r.l., following which it was not possible to resolve the dispute that arose, Società Agricola Giusti Dal Col S.r.l. will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions of Sale (i.e. ADR bodies, as indicated in arts. 141-bis et seq. of the Consumer Code), specifying whether it intends to make use of such bodies or not to resolve the dispute itself.

Società Agricola Giusti Dal Col S.r.l. also informs the user who qualifies as a consumer under art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes has been established (i.e. the ODR platform). The ODR platform can be accessed at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user can consult the list of ADR bodies, find the link to the website of each of them and initiate an online dispute resolution procedure for the dispute in which they are involved.

The consumer user's right to bring the case before the ordinary court competent for the dispute arising from these General Terms and Conditions of Sale is in any case reserved. 

12.5 Furthermore, for any cross-border dispute relating to the application, performance and interpretation of these General Terms and Conditions of Sale, the user, who is habitually resident or domiciled in a member state of the European Union other than Italy, may initiate the European procedure established for small claims disputes by Council Regulation (EC) no. 861/2007 of July 11, 2007, before the competent judicial body, provided that the value of the dispute does not exceed, excluding interest, rights and costs, Euro 5,000.00 on the date on which the competent judicial body receives the application form. The text of the Regulation is available on the website https://eur-lex.europa.eu/eli/reg/2007/861/oj.

13. CUSTOMER SERVICE AND COMPLAINTS

It is possible to request information, ask for assistance or submit complaints by contacting the Customer Service of Società Agricola Giusti Dal Col S.r.l. in the following ways:

• by email, at the address support@giustiwine.com or by filling out and submitting the contact request form available in the “Contact Us” section of the Site;
• by telephone at no. +39 0422 720198;
• by post writing to Giusti Wine - e-commerce support, Via Arditi 14/a 31040 Nervesa della Battaglia (TV).

14. COMMON PROVISIONS

14.1 1Service Interruption

To ensure Users the best possible enjoyment of the Service, the Controller reserves the right to interrupt the Service for system maintenance or update purposes, informing Users through constant updates on Giusti Wine.

14.2 Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any part of the Site and its Services without the prior written permission of the Controller, guaranteed directly or through a specific resale program.

The Controller may tolerate forms of resale carried out on a personal (one-to-one) and limited basis; any form of mass resale is expressly excluded.

14.3 Privacy policy

For information on the use of personal data, Users must refer to the privacy policy of Società Agricola Giusti Dal Col S.r.l..

14.4 Intellectual property rights

All trademarks of the Site, figurative or nominative, and all other signs, trade names, service marks, word marks, trade designations, illustrations, images, logos that appear relating to Società Agricola Giusti Dal Col S.r.l. are and remain the exclusive property of the Controller or its licensors and are protected by the laws in force on trademarks and the relevant international treaties.

All trademarks and all other signs, trade names, service marks, word marks, trade designations, illustrations, images, logos relating to third parties and the content published by such third parties on the Site are and remain the exclusive property or availability of said third parties and their licensors and are protected by the laws in force on trademarks and the relevant international treaties.

 The Controller does not own such intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined therein.

14.5 Conditions for receiving deliveries

The user who makes the purchase through the Site, furthermore, declares and guarantees that the person who will receive the shipment of the purchased products is of legal age according to the legislation applicable to the latter.

14.6 Amendments to these Terms

The Controller reserves the right to make amendments to these General Terms at any time, notifying the User by publishing them on the Site.

The User who continues to use the Site or places an order after the publication of the amendments accepts without reservation the new Terms in force at the time the order is placed, unless any amendments do not have retroactive effect by operation of applicable law.

14.7 Assignment of the contract

The Controller reserves the right to transfer, assign, dispose by novation or subcontract all or some of the rights or obligations arising from the Terms, provided that the User's rights provided for herein are not prejudiced.

The User may not assign or transfer in any way their rights or obligations under the Terms without the written authorization of the Controller.

14.8 Ineffectiveness and partial nullity

In the event that one or more of the agreements contained in these Terms are found to be invalid, in whole or in part, the remaining agreements shall remain valid.