Terms and conditions

1. Object

1.1. These General Conditions of Online Sale (hereinafter "GCS") govern the contract (hereinafter "CONTRACT") for the sale of food products exclusively marked by the Mentuccia brand and other typical and oenological products marketed (hereinafter "PRODUCTS") offered by Mentuccia di Zavone Anita - with headquarters in via Umberto I, 138 98057 Milazzo, VAT number 03444770832 (hereinafter "MENTUCCIA") - through its website www.mentucciasalina.com (hereinafter "SITE") to users of the SITE (hereinafter "CUSTOMER" or "CUSTOMERS").

1.2. In these GTC, the term CUSTOMER or CUSTOMERS means the "consumer" or "consumers" as per article 3, paragraph 1, letter a), of Legislative Decree no. 206 of 6 September 2005 (hereinafter "CODE"), i.e. "the natural person who acts for purposes other than any entrepreneurial or professional activity carried out".

2. EFFECTIVENESS AND MODIFICATION OF THE GTC

2.1. The GTC are available on the SITE to be easily read by the CUSTOMER before registration and before purchasing the PRODUCTS; they are considered accepted together with the registration and forwarding of the purchase order form and can be stored on the CUSTOMER's computer and reproduced on paper by printing the file in which they are contained.

2.2. The GTC applicable to the sale of the PRODUCTS are those published on the SITE, on the date of the order relating to the PRODUCTS. The CUSTOMER, therefore, must read the GTC each time he intends to proceed with a purchase on the SITE.

2.3. The mere tolerance or failure to contest by MENTUCCIA of any breaches by the CUSTOMER with respect to the contents of the GTC cannot be interpreted as tacit acceptance of such breaches, nor as a desire to derogate from what was agreed between the parties.

3. REGISTRATION AND PURCHASE PROCEDURE

3.1. The CUSTOMER who intends to proceed with the purchase of the PRODUCTS must express this desire by registering his/her data and making a request directly on the SITE where, following the purchase procedure indicated therein, he/she will electronically forward his/her electronic purchase order (hereinafter "ORDER") and the relative payment.

3.2. The order form contains a reference to the GTC and a summary of the information on the essential characteristics of each product ordered and the relative price, expressed in Euros (including all applicable taxes and duties), the chosen payment method, the delivery methods of the purchased products, the shipping and delivery costs as well as those relating to the chosen payment method: before sending the ORDER, the CUSTOMER must carefully read the entire content, identify and correct any data entry errors.

3.3. The CUSTOMER may access his order form by consulting the "PROFILE" section and in the event that he wishes to proceed with the cancellation of the ORDER or the modification of the ORDER by increasing, decreasing the quantities of the PRODUCTS previously ordered, or simply by modifying, inserting new items in addition to or in substitution of the same PRODUCTS, he must necessarily send an e-mail to the address mentucciasalina@gmail.com provided that the relative shipment has not already been confirmed by MENTUCCIA with a confirmation e-mail of fulfillment (hereinafter "CONFIRMATION OF FULFILMENT") referred to in the following article 3.5

3.4. Once the ORDER has been received, MENTUCCIA will send the CUSTOMER an order confirmation email (hereinafter "ORDER CONFIRMATION") containing a summary of the content of the information relating to the sale and will proceed to process the ORDER, without prejudice to the provisions of the following article 3.6.

3.5. All purchase orders for PRODUCTS are subject to their availability and, therefore, to confirmation by MENTUCCIA, which will communicate such availability by sending an email to the CUSTOMER to CONFIRM PROCESSING.

3.6. In the event of failure to execute the ORDER, due to unavailability of one of the PRODUCTS ordered, MENTUCCIA will inform the CUSTOMER by e-mail and will ask for confirmation of the CUSTOMER'S ORDER, for the purchase of the remaining available PRODUCTS. In any case, the unavailability of one or more of the PRODUCTS ordered will not automatically give the CUSTOMER the right to cancel the entire ORDER.

3.7. The CONTRACT between the CUSTOMER and MENTUCCIA is governed by the ORDER, the DELIVERY CONFIRMATION and the GTC (the latter published on the SITE), as well as by the Privacy Policy and the E-commerce Information (hereinafter cumulatively "PRIVACY") both published on the SITE.

4. RIGHTS AND OBLIGATIONS OF MENTUCCIA

4.1. MENTUCCIA undertakes to deliver the PRODUCTS to the address and within the terms indicated by the CUSTOMER in the ORDER. MENTUCCIA will not be responsible for delivery errors due to inaccuracies or incompleteness in the compilation of the ORDER or for unavailability of the CUSTOMER. Delivery is made via express courier, therefore PO boxes cannot be accepted.

4.2. In the event of total or partial return of the PRODUCTS, pursuant to the right of withdrawal or the guarantee required by law, MENTUCCIA, in accordance with the provisions of the following articles 9 and 10, will only provide for the refund of the sums due, with no exchanges or substitutions being foreseen.

5. CUSTOMER RIGHTS AND OBLIGATIONS

5.1. The CUSTOMER is solely responsible for the truthfulness of the data and the correctness of the information provided to MENTUCCIA during registration via the SITE and undertakes to promptly communicate any changes to the data entered.

5.2. The CUSTOMER, during registration and sending of the ORDER, declares to have read, understood and accepted the GTC and the additional information contained in the SITE including PRIVACY; to be an adult, in possession of the legal capacity to act.

5.3. The CUSTOMER undertakes, once the purchase procedure on the SITE has been completed, to both save an electronic copy and print the ORDER and the GTC for their conservation purposes, as indicated in the previous article 2.1.

6. USE OF THE SITE

6.1. The essential characteristics of the PRODUCTS are presented on the SITE within each product sheet. The images and colours of the products offered for sale on the SITE may not correspond perfectly to the real ones due to the Internet browser and monitor used when connecting to the SITE.

6.2. MENTUCCIA assumes no responsibility for problems caused to the CUSTOMER by the use of the SITE and the technologies used as they do not depend on its own will, such as, by way of example:

a) errors, delays or inability for the CUSTOMER to access the SITE during the execution of the sales procedure;

b) errors, delays or impossibility in the receipt, by the CUSTOMER, of the communications made by MENTUCCIA in relation to the sale of the PRODUCTS.

6.3. In any case, MENTUCCIA undertakes, to the extent possible, to resolve any problems that may arise and to offer the CUSTOMER the necessary assistance to obtain a rapid and satisfactory solution to the aforementioned problems.

7. PRICES AND PAYMENTS

7.1. The prices of the PRODUCTS are those actually displayed on the SITE at the time the ORDER is issued and unless otherwise specified, are inclusive of VAT. The prices shown on the SITE for each of the PRODUCTS must be added to the shipping and delivery costs as well as any costs relating to the chosen payment method, which will be duly highlighted and summarised before the ORDER is issued and subsequently also in the ORDER CONFIRMATION.

7.2. The total price for the purchase of the PRODUCTS and the shipping and delivery costs, as indicated in the ORDER, will be charged to the CUSTOMER only at the time of shipment of the PRODUCTS, following the sending of the DELIVERY CONFIRMATION and without prejudice to the provisions of the following articles 7.3 and 8.3.

Art. 7.3. Payment can be made by credit card, Pay Pal and bank transfer.

7.4. With payment by credit card, the CUSTOMER undertakes, upon request by MENTUCCIA, to send a copy of the identity document proving the actual ownership of the credit card used, it being understood that in the absence of the requested sending, MENTUCCIA may refuse the payment and cancel the order.

8. DELIVERY OF PRODUCTS TO THE CUSTOMER

8.1. Upon delivery of the PRODUCTS to the CUSTOMER by the carrier in charge of their transport, the CUSTOMER must check that the packaging used for transport is intact, not damaged, wet or otherwise altered, even just in the closing materials. Any anomalies must be contested immediately to the carrier upon receipt of the PRODUCTS, by indicating them in the delivery document.

8.2. In order to facilitate and speed up the procedure for checking for any anomalies by MENTUCCIA, for example also relating to the quantity and type of PRODUCTS, the CUSTOMER may write an email to mentucciasalina@gmail.com.

9. RIGHT OF WITHDRAWAL

9.1. Except as regulated in the following article 11, the CUSTOMER has the right to withdraw from the contract concluded with MENTUCCIA, without any penalty and without specifying the reason, within 14 (fourteen) days from the day of receipt or collection from the store, of the PRODUCTS purchased on the SITE, provided that the products to be returned (hereinafter "RETURNED PRODUCTS") are intact, with the guarantee seal intact, complete with their original packaging, tags, stickers and labels as better regulated in the following article 9.4.

9.2. In case of exercising the right of withdrawal, even partial, the costs borne by the CUSTOMER will be those of returning the RETURNED PRODUCTS which must be done in a single solution.

9.3. If the CUSTOMER intends to avail himself of the right of withdrawal referred to in this article, he must:

- send an email to mentucciasalina@gmail.com, inserting the numeric code of the RETURNED product or PRODUCTS, the reason for the return, specifying "for free withdrawal", as well as the indication of the IBAN code and the name of the current account holder if the payment was made in cash;

- contact a forwarder of your choice and send, within the following 14 (fourteen) days from the communication of the withdrawal via email, the products to be returned to MENTUCCIA DI ZAVONE ANITA - Via Umberto I, 138 - 98057 Milazzo (ME).

In this case the CUSTOMER assumes all responsibility in the event of loss or damage to the products during transport up until the moment of delivery to MENTUCCIA DI ZAVONE ANITA.

9.4. All PRODUCTS are provided with a guarantee seal, external labels and their own packaging. MENTUCCIA in case of exercise of the right of withdrawal by the CUSTOMER, has the right to not accept the return of RETURNED PRODUCTS that are missing the relevant seal, external labels and their own packaging and that have been opened, damaged or altered in their essential and qualitative characteristics of hygiene and food safety.

9.5. If the right of withdrawal is exercised following the methods and terms indicated in this article, MENTUCCIA will send the CUSTOMER, via email, the relevant confirmation of acceptance of the RETURNED PRODUCTS and will reimburse, via banking procedure, the CUSTOMER for the costs incurred for the purchase of such products according to the methods and terms provided and in any case, within 14 (fourteen) days from the day on which MENTUCCIA was informed of the CUSTOMER's decision to withdraw.

9.6. MENTUCCIA may, however, withhold the refund until it has received the RETURNED PRODUCTS or until the CUSTOMER has demonstrated that he has sent them back, depending on which situation occurs first.

10. RETURN FOR DEFECTS OR DEFORMITIES OF THE PRODUCTS

10.1. MENTUCCIA will provide, in relation to the PRODUCTS purchased by the CUSTOMER, the legal guarantee of conformity to the conditions and terms established by law provided that the PRODUCTS have been used correctly, with due diligence and in compliance with the intended use and with the provisions of the enclosed instructions.

10.2. In the event of defective products or products that do not conform to those ordered (hereinafter "DEFECTIVE PRODUCTS"), the CUSTOMER, without exception, must send an email to mentucciasalina@gmail.com, including the numeric code of the product and the DEFECTIVE PRODUCTS to be returned and the reason for the return for "non-compliant item (FAILED)"; as well as the indication of the IBAN and the name of the account holder if the payment was made in cash.

10.3. Mentuccia will take care of it:

- contact the carrier to book the collection within 14 (fourteen) days of sending the email containing the reason for the return;

- communicate to the CUSTOMER via email the date set for collection.

10.4. From the moment of return of the DEFECTIVE PRODUCTS to the appointed carrier, MENTUCCIA exempts the CUSTOMER from any liability in the event of loss or damage to the products themselves during transport.

10.5. As soon as MENTUCCIA receives the package containing the DEFECTIVE PRODUCTS, it will check the contested defects and send the CUSTOMER, via email, the relevant confirmation of receipt of the DEFECTIVE PRODUCTS and the relevant credit note attached, then it will refund, via banking procedure, the costs incurred by the CUSTOMER for the purchase of the DEFECTIVE PRODUCTS, while the return costs will be borne by MENTUCCIA.

11. RETURN TO THE STORE

11.1. The CUSTOMER may avail himself of the right of withdrawal pursuant to Article 9 and/or the right of return for defects or non-conformities of the products pursuant to Article 10 also by returning the products via the STORE.

11.2. In the event of the right of withdrawal pursuant to Article 9, the CUSTOMER must, within 28 (twenty-eight) days from the day of receipt of the PRODUCTS purchased on the SITE, at the address indicated in the order or at the STORE, deliver, personally or through a third party, the RETURNED PRODUCTS to the STORE staff, together with a copy of the sales invoice received as an attachment to the DELIVERY CONFIRMATION email (hereinafter SALES INVOICE) and a copy of the CUSTOMER's identity document, provided that the RETURNED PRODUCTS are intact, never opened, complete with their packaging, warranty seals and original labels as better regulated in the previous Article 9.4.

11.3. In the event of the right of return for defects or non-conformities of the products referred to in Article 10, the CUSTOMER, as soon as the defect is discovered, must personally or through a third party, promptly deliver the DEFECTIVE PRODUCT(S) to the STORE staff, together with the SALES INVOICE and a copy of the CUSTOMER's identity document, provided that the products to be returned are complete with the original external labels.

11.4. In the case of cash payment, the CUSTOMER must proceed as specified in the previous article 10.2.

11.5. The STORE staff will simultaneously issue the CUSTOMER or any third party appointed with the relevant return acceptance document and will immediately activate the banking procedure for the reimbursement of the expenses incurred for the purchase of the RETURNED PRODUCTS and the DEFECTIVE PRODUCTS, respectively listed in the previous articles 10.5 and without prejudice to compliance with the provisions of the articles of paragraph 9.

12. PERSONAL DATA PROTECTION

12.1. MENTUCCIA guarantees the CUSTOMER that the personal data acquired in relation to the sale of the PRODUCTS will always be processed lawfully and correctly, in full compliance with the provisions of EU Regulation 2016/679 (hereinafter "REGULATION") and the applicable national legislation, in accordance with what is reported in the PRIVACY, published on the SITE and printable.

12.2. For any information regarding the processing of personal data, please refer to the PRIVACY section. Please remember that the CUSTOMER, in case of need for further clarifications regarding the processing of personal data and for the exercise of the rights provided for by the above-mentioned articles of the Regulation and by the applicable national legislation, including the right to withdraw consent to the processing of data, can be exercised by writing to the email address mentucciasalina@gmail.com or to the address of MENTUCCIA as indicated above.

13. COMMUNICATIONS

13.1. For any assistance or complaint regarding the PRODUCTS purchased, the CUSTOMER may contact MENTUCCIA at the following email address mentucciasalina@gmail.com.