- General conditions of sale
- Order and confirmation
- Prices and payment
- Delivery and shipping
- Responsability of Third Party Auxiliaries
- Properties of the products
- Right of withdrawairitto di recesso
- Applicable Law and Competent Court
The Gambi Agricultural Company of Enrico Gambi S.S., owner of the “gcubewine” brand, from now on also seller or producer, provides a product to the terms and conditions of this Contract and with each additional operating rule published by the seller. Customer is defined who acts as buyer, from now on also buyer, in every transaction.
1.1. These General Conditions of Sale (hereinafter General Conditions) regulate and regulate the contract concerning the sale of the products marketed (hereafter Products) on the “gcubewine.it” or “gcubewine.com” website (hereinafter the Società Agricola Gambi di Gambi Enrico SS, with registered office in Ravenna Via Montanari n. 25, (hereafter Società Agricola Gambi, seller or producer); the contract is concluded by Società Agricola Gambi with a buyer (hereinafter the Customer) through a remote sales system that uses the communication technology called “internet” (hereinafter the Contract).
1.2. The Gambi Agricultural Company reserves the right to modify these General Conditions. The validity of the new General Conditions will be effective from the moment of their publication on the website and will be active from that moment.
1.3. The present General Conditions therefore form an integral and substantial part of the Contract.
1.4. The reference legislation is the Legislative Decree 6 September 2005, n. 206 (Consumer Code) which regulates all the contractual and / or contractual processes in which consumers are involved and Directive 2000/31 / EC of the European Parliament and of the Council of 8 June 2000 (Directive on Electronic Commerce), acknowledged by Italian law with Legislative Decree 9 April 2003, n. 70.
1.5 The sale of our products to minors under the age of 18 is forbidden as required by law n.189/2012, n. 189 – Art. 7, comma 3-bis
2.1. The Contract between the Agricultural Company Stems and the Customer must be considered concluded with the acceptance, even if only partial, by the Società Agricola Gambi, of the purchase order coming from the Customer (hereinafter the Order).
2.2. The Order must be complete in its entirety and must contain all the elements necessary for the exact identification of the Products ordered and the place of delivery. With the Order the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept these General Conditions.
The Customer can only purchase the Products present in the catalog of the Site at the time of submitting the Order, as described in the relevant information sheets. The image accompanying the description of a product may not be fully representative of its characteristics but differ for example for the year of production indicated.
In any case, the Products present on the Site are offered until the end of their availability. Should an Order exceed the existing quantity in the warehouse, the purchase will be accepted only for the Products available.
In this case the Customer will be informed and can order the revocation of the order or the integration with a replacement product.
2.3. The confirmation of the Order by the Agricultural Company Gambi, transmitted by e-mail to the e-mail address indicated by the Customer at the time of the Order, is valid as acceptance. Any communication from the seller to the customer is considered valid and effective for all purposes, even if done by e-mail to the address indicated by the customer.
The Order confirmation will include the identification number, the date of execution of the Order, the indication of the Products purchased, the relative price, the delivery costs, the data provided by the Customer for billing and / or delivery, the payment methods chosen by the Customer from those indicated in the following art. 3.1 and following.
The Customer must immediately verify the contents of the Order confirmation and immediately report any errors or omissions to Società Agricola Gambi.
Società Agricola Gambi may also send the Customer, via e-mail to the e-mail address indicated by the Customer at the time of the Order, a refusal of the Order.
Any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and / or property, caused by the non-acceptance, even partial, of an order.
3.1. All sales prices of the Products displayed and indicated on the Website are expressed in Euro and include VAT, unless otherwise indicated.
3.2. The Customer undertakes to pay the price of the Products indicated in the Order, following the instructions provided on the Website, by one of the following payment methods:
- payment by credit card;
- payment by bank transfer.
3.3. Simultaneously with the conclusion of the online transaction, the reference banking institution will authorize the sole commitment of the amount relative to the purchase made. The amount related to the goods received, even partially, including any transport costs, will be charged to the Customer’s credit card only after the shipment of the Products by Società Agricola Gambi.
In case of cancellation of the Order by the Customer or in case of non-acceptance or refusal of the Order of the same by the Agricultural Company Gambi, the latter will simultaneously request the cancellation of the transaction and the release of the amount committed. The timing of release, for some types of credit cards, depend exclusively on the banking system and can reach up to their natural expiry (typically 25/30 days from the authorization date). Once the transaction has been canceled, in no case may the Società Agricola Gambi be held responsible for any direct or indirect damage caused by delay in the failure to release the amount committed by the banking system.
At the Customer’s best guarantee and security, at no time during the purchase process, the Agricultural Company Gambi is able to know the information related to the Customer’s Credit Card, transmitted via a secure connection directly to the site of the bank that handles the transaction. No computerized archive of the Società Agricola Gambi will keep such data.
Under no circumstances can the Società Agricola Gambi be held responsible for any fraudulent and undue use of credit cards by third parties, upon payment of products purchased on the Website.
4.1. The Products are shipped to the Customer with free packaging at the destination address specified in the Order. In case of absence of the recipient at the time of delivery, a notice will be left, and the Customer must personally contact the courier or forwarder as soon as possible to arrange the delivery methods. Goods travel at customer’s risk and danger.
4.2. The Products are accompanied by the delivery voucher or, at the request of the Customer, by the accompanying Invoice showing the list of all the Products shipped.
The Invoice must be requested at the time of Order, communicating the tax code. In no case will invoices be issued after the shipment of the Products.
4.3. Shipping costs are charged to the Customer, to the extent indicated on the Site during the purchase procedure, and the relevant payment by the Customer will be made using the method chosen by the Customer at the time of Order for the payment of the Products. It is possible to collect the goods from the seller, in this case without shipping costs.
4.4. If it is not able to deliver the Products indicated in the Order, because they have become, even temporarily, unavailable after confirmation of the Order, the Agricultural Company Gambi will promptly notify the Customer by e-mail. Any amount already paid by the Customer will be reimbursed as soon as possible and, in any case, no later than thirty days from receipt of the Order.
4.5. No responsibility can be attributed to the Agricultural Company Stems in case of delay in the evasion of the Order or in delivery of what ordered due to force majeure, fortuitous or fault of the carrier.
5.1. The Agricultural Company Gambi assumes no responsibility for the disservices due to force majeure (such as, by way of example, accidents, strikes, floods, fires, third parties, etc.) that prevented, in whole or in part, to give regular execution of the Contract.
The Agricultural Company Gambi will not be liable to any party for any damages, losses and costs incurred because of failure to execute the Contract for the above-mentioned causes, since the Customer has the right to the return of the Price paid.
The Gambi Agricultural Company is not responsible for any fraudulent and illegal use that third parties may make credit cards and / or other means of payment, upon payment of the Products purchased on the Website.
5.2. In any case, it is already agreed that, in the case of ascertained responsibility of the Agricultural Company Stems in any capacity towards the Customer, the responsibility of the Agricultural Company Stems cannot be higher than the price of the Products purchased by the Customer and already paid and for which any dispute has arisen.
5.3. No responsibility can be attributed to the Società Agricola Gambi for reasons that are imputable or connected with transport. It is reiterated that the goods travel at risk and danger for the customer, any liability of the carrier will be charged to the customer, who has the legitimacy to claim damages exclusively to the carrier.
Responsibility of Third Party Auxiliaries
6.1.The Seller must send the goods directly to the address indicated by the Purchaser. The Manufacturer is responsible for the condition of the goods up to the time of delivery to the carrier (carrier). The buyer is advised to insure the goods for the sale price. The Seller will not be liable for any loss, delay in delivery or damage of the goods sent.
The Seller must use a transport and shipping service that provides a tracking number or a reference number that allows the Purchaser to confirm the departure directly with the courier’s website, remember that for the national and international shipments the search on the site web must allow verification of both departure and delivery. Customers authorize the Seller to use the tracking number information to confirm receipt of the goods.
If the Seller does not send the goods within 20 days from the status of the negotiation which indicates that the Purchaser has paid, the Seller undertakes to reimburse the sum and cancel the transaction. Any compensation for damages is excluded.
7.1. The right of ownership of the Products offered on the Site is acquired by the Customer after the complete payment of the Products and their delivery to the carrier. The risks of breakage pass to the Customer at the time of delivery of the products.
Right of withdrawal
8.1. The customer who has the legal status of consumer can exercise the right of withdrawal if:
– communicate the cancellation of the Order by e-mail to the Agricultural Company Gambi before having received the Order confirmation or before the goods have been sent;
– not being satisfied with the purchase made, commits to the complete and complete return of the Products received in its original packaging.
The right of withdrawal must be exercised, under penalty of forfeiture, by registered letter A.R. to the following address:
Agricultural Company of Enrico Gambi S.S., Via Montanari n. 25 Ravenna, within the deadline of ten working days of the day of receipt of the Products. This communication may also be anticipated by telegram or by e-mail to the address firstname.lastname@example.org within the same time frame, if it is confirmed by registered letter A.R. within 48 hours of sending the telegram or e-mail. This communication must contain the data necessary to identify the order, the will to renounce the purchase and the indications of the Product or Products for which it intends to exercise the right of withdrawal, attaching a copy of the tax document (Invoice or Delivery).
The products to be returned must be sent to the Seller’s address no later than eleven days after the withdrawal. All transport costs, including those for return shipments, will be charged to the customer.
8.2. The right of withdrawal is excluded in the following cases:
– purchase of tailor-made or customized products directly from manufacturers, according to specifications or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly;
– purchase of Products that have not been delivered due to the absence of the Customer from the place of delivery and upon their withdrawal are altered or damaged due to the delay caused by the Customer;
– purchase of sealed packaged products, opened by the customer.
8.3. If the withdrawal is made in accordance with the provisions of paragraph 8.1 of these conditions, the amount already paid for the products and delivery costs will be credited to the customer by bank transfer to the account in his name, regularly communicated in the registered letter a.r. of withdrawal.
The reimbursement is made as quickly as possible and, in any case, within 30 days from the date on which the Società Agricola Gambi receives notice of withdrawal by the consumer customer in the prescribed manner, receives the customer’s bank details and the delivery of the goods ordered intact and in original packaging to the address of origin.
10.1. The Gambi Agricultural Company strictly observes the provisions of Law 675 of 1996 and subsequent amendments for the protection and confidentiality of personal data. At any time, the interested party may ask the Agricultural Company Gambi to read the personal data in his possession and request its correction or cancellation.
The data will be used for the sole purpose of being able to provide, in the best way, the services requested by the interested party. They will not be disclosed to third parties.
The Gambi Agricultural Company will only ask the interested party for the data strictly necessary to complete the purchase operations and, if necessary, keep it updated on prices and Products (if the interested party deems it appropriate).
10.2. Pursuant to articles 13 and 23 of Legislative Decree 30 June 2003, no. 196 (Code regarding the protection of personal data and the Code below), the Società Agricola Gambi wishes to inform its kind visitors and customers:
1) that the personal and personal data provided to the Società Agricola Gambi are processed in compliance with the law and the confidentiality obligations set forth therein;
2) that for the processing of personal data pursuant to art. 4 of the Code, we mean any operation or complex of operations, carried out without the aid of electronic tools, concerning the collection, registration, organization, conservation, consultation, processing, modification, selection, the extraction, comparison, use, interconnection, blocking, communication, dissemination, deletion and destruction of data, even if not recorded in a database;
3) that the data are processed for institutional purposes, connected or instrumental to the activity of the Agricultural Company Gambi, such as filing, processing, invoicing, customer management and, in particular:
a) to fulfill legal obligations related to civil, tax, accounting, etc., for the purposes of administrative management of the relationship established by the Customer with the Società Agricola Gambi;
b) to fulfill contractual obligations, technical support and technical information and after-sales assistance;
c) to satisfy market surveys and statistics, marketing and references with respect to the Products subject of the activity of the Agricultural Company Gambi;
d) only upon the expressing of a specific consent by the customer, for the communication of commercial information on future commercial initiatives, announcements of new products, services and offers, both from the Agricola Gambi Company and from affiliated and / or subsidiaries, commercial partners, by sending advertising e-mails. The sending of advertising e-mails will in no case determine the transfer of personal data to third parties. This service does not determine a monitoring of the sites that the customer visits or the control of the messages read;
e) for the execution of promotional initiatives in general, in the interest of the Società Agricola Gambi;
4) that the conferment of your data is necessary to be able to regularly fulfill the contractual and legal obligations deriving from the legal relationship with the Società Agricola Gambi. If you are not interested in our commercial information, you can freely indicate not to give your specific consent for this distinct purpose;
5) that the data:
– are collected in our database and registered in such a way as to allow access only to subjects from the authorized Agricultural Company Stems;
– may be treated, in compliance with the purposes, within the Gambi Agricultural Company, or may be disclosed outside in the context of: a) associated companies, subsidiaries, affiliated to Società Agricola Gambi; b) of the commercial partners of the Società Agricola Gambi (manufacturing companies, suppliers, accountants, carriers and shippers, etc.); c) companies that carry out investigations concerning the sphere of customer satisfaction.
10.3. We also inform you that every interested party can exercise the rights referred to in art. 7 of the Code that we summarize below.
The interested party has the right to obtain confirmation of the existence or not of personal data concerning him, even if not yet registered, and their communication in intelligible form. The interested party has the right to obtain confirmation: a) of the origin of personal data; b) of the purposes and methods of the processing; c) of the logic applied in case of treatment carried out with the aid of electronic instruments; d) of the identification details of the owner, of the managers and of the designated representative; e) of the subjects or categories of subjects to whom the personal data may be communicated or who can learn about them as appointed representative in the territory of the State, managers or agents. The interested party also has the right to obtain: a) updating, rectification or, when interested, integration of data; b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed; c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case where such fulfillment is it proves impossible or involves a use of means manifestly disproportionate to the protected right.The data subject has the right to object, in whole or in part: a) for legitimate reasons, to the processing of personal data concerning him / her, even though they are relevant to the purpose of the collection; b) to the processing of personal data concerning him for sending advertising or direct sales material or for carrying out market research or commercial communication.
10.4. The data controller is the Società Agricola Gambi of Enrico Gambi S.S., Via Montanari n. 25 Ravenna. The person in charge of the treatment is the dott. Enrico Gambi domiciled at the indicated Agricultural Company.
Applicable Law and Competent Court
11.1. The Contract is governed exclusively by Italian law. Although not expressly provided for here, the provisions of law applicable to the relationships and circumstances envisaged in the Contract are applicable.
11.2. For civil disputes concerning sales contracts between the Customer and the Agricultural Company Gambi concluded through the Website, if the Customer is a consumer, the territorial jurisdiction is the responsibility of the court of the place of residence or domicile of the Customer, if located in Italy. In all other cases, the territorial jurisdiction belongs exclusively to the Court of Ravenna.