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Access to and use of this website, as well as the purchase of products through e-commerce, contact form or e-mail, presuppose the reading, knowledge and acceptance of these General Terms.<\/p>\n
The website is curated and managed by Folicello Societ\u00e0 Agricola s.s., VAT no. 03200230369, with registered office at Via Sparate 16, 41013 Castelfranco Emilia (MO), Italy.<\/p>\n
You can contact us at any time by e-mail folicello@folicello.it<\/a> or by phone at +39 059939045.<\/p>\n For any other legal information, please refer to the following sections containing the General Terms of Sale, the information on the Right of Withdrawal and the Privacy Policy page of Folicello.it.<\/p>\n These general terms of sale govern the distance sale of movable goods (wine and food products) through the Website (www.folicello.it) between Folicello Societ\u00e0 Agricola s.s. and the end consumer (hereinafter also referred to as Customer or User).<\/p>\n The contract concluded through this Website is a distance contract governed by Italian Legislative Decree no. 206\/2005 (“Consumer Code”) and also constitutes an electronic contract pursuant to Italian Legislative Decree no. 70\/2003 on electronic commerce. The General Terms are made available to the Customer in such a way as to allow their storage and reproduction pursuant to Legislative Decree no. 70\/2003.<\/p>\n Folicello Societ\u00e0 Agricola s.s. may modify or simply update, in whole or in part, these General Terms. Any modification and update will become binding as soon as published on this website.<\/p>\n Therefore, for each contract concluded, the General Terms in force on the date the order is sent by the Customer shall apply.<\/p>\n If you do not agree, in whole or in part, with these Terms, we invite you not to use our website.<\/p>\n The user is solely responsible for the use of the Website (www.folicello.it) and its contents. Folicello Societ\u00e0 Agricola s.s. cannot be held responsible in case of use of the website and its contents made in a manner not compliant with current laws, by its users, except for liability for wilful misconduct and gross negligence.<\/p>\n In particular, the user is solely responsible for the transmission of untruthful, incorrect or third-party information and data without their consent.<\/p>\n In compliance with current laws, the purchase of alcoholic products (wines) on the Website (www.folicello.it) is reserved exclusively for persons who have reached the age of eighteen (18). By placing an order, the user declares under their sole responsibility to be of legal age.<\/p>\n Upon delivery, the courier may request the presentation of an identity document.<\/p>\n On the Website (www.folicello.it) the main characteristics of the products are indicated, with descriptions and information that the Customer must read before placing the order.<\/p>\n Folicello products (wines, grape juices and fermented non-alcoholic beverages) are organic and artisanal; they can be defined as “living products”, therefore the same type of product may present slight variations from year to year.<\/p>\n This may depend on the soil, climatic conditions, acidity and sugar content of the grapes used, the absence of preservatives and colourings. This does not constitute a lack of conformity of the product, but only a distinctive peculiarity typical of organic products.<\/p>\n Availability:<\/strong> Orders are offered subject to availability of stock. In case of supervening unavailability, Folicello will inform the Customer by proposing an alternative product, a purchase voucher on the Website or a full refund.<\/p>\n The Customer may select the products on this Website, add them to the cart and proceed with sending the order following the on-screen instructions. To complete the purchase procedure, the Customer must declare to have read and fully accept these General Terms of Sale (which include information on the Right of Withdrawal) and the Privacy Policy, by mandatory selection of the relevant checkboxes.<\/p>\n When submitting the order, this Website will require explicit confirmation that submission implies the order of payment, in accordance with the rules on distance contracts concluded by electronic means.<\/p>\n The Customer’s order constitutes a contractual proposal.<\/p>\n The contract is considered concluded when the Customer receives via e-mail confirmation of receipt of the order and acceptance thereof by Folicello, containing the summary of the conditions applied (products, price, expenses, delivery address). The terms of sale, the information on the right of withdrawal and the Privacy Policy are deemed to have been read and accepted at the time of ordering as reported above.<\/p>\n Folicello reserves the right not to accept orders that are anomalous in relation to the quantity of products purchased or the frequency of purchases, as well as in case of unavailability of the product (also supervening) or in case of reports or suspicions of fraudulent or unlawful activities. In such cases, Folicello will promptly communicate the impossibility of accepting the order and will provide a full refund of any amount already paid by the Customer.<\/p>\n All prices indicated on this Website are expressed in Euro and are inclusive of VAT.<\/p>\n Shipping costs are indicated to the Customer before the conclusion of the contract and are part of the total price.<\/p>\n If certain additional expenses (for example, for particular destinations) cannot reasonably be calculated in advance, it will be indicated that such expenses may be charged to the Customer.<\/p>\n Payment is made at the time of order confirmation using one of the following methods:<\/p>\n The order will be processed only after verification of successful payment.<\/p>\n All shipments are made with safe ecological packaging and are covered by an insurance policy that protects the Customer in case of breakage or loss during transport.<\/p>\n Deliveries generally take place within 1-4 working days.<\/p>\n In any case, Folicello undertakes to deliver the products to the Customer within 30 days from the conclusion of the contract.<\/p>\n The transfer of risk of loss or damage to the products passes to the Customer at the moment in which the latter, or a third party designated by them, takes physical possession of the goods, without prejudice to the Customer’s rights against the carrier in case of liability of the latter.<\/p>\n Upon delivery, the Customer is required to check the integrity of the packages and the correspondence of the number of packages with respect to the transport documents and the order placed.<\/p>\n In the presence of visibly damaged packages or missing goods, it is necessary to:<\/p>\n Therefore, in case of damage to the goods during transport, the products will be replaced at no charge to the Customer, provided that the packages are contested at the time of unloading and reported on the courier’s transport document or on the waybill (as indicated above).<\/p>\n The Customer has the right to examine the products within 2 days of delivery and report any damage to Folicello, attaching detailed photographic documentation.<\/p>\n In case of ascertained damage:<\/p>\n After delivery, the Customer is invited to store wines and juices in the dark, at a temperature between 4\u00b0C and 20\u00b0C.<\/p>\n Folicello is not responsible for defects resulting from improper storage by the Customer.<\/p>\n For complaints relating to alleged product defects (e.g. “cork taint”), the Customer must keep the bottle with at least 3\/4 of the contents and the original cork to allow the appropriate checks by Folicello.<\/p>\n The Customer who qualifies as a Consumer has the right to withdraw from the contract, even without giving reasons, within 14 days from delivery of the products.<\/p>\n The period of 14 days runs from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the goods.<\/p>\n To exercise the right of withdrawal, the Customer must:<\/p>\n The Customer must then return the products subject to withdrawal to:<\/p>\n Folicello Societ\u00e0 Agricola s.s., Via Sparate 16, 41013 Castelfranco Emilia (MO), without undue delay and in any case within 14 (fourteen) days from the date on which the withdrawal was communicated.<\/p>\n Regarding the conditions of integrity of the goods: the products must be returned intact, not opened or used and possibly returned in their original packaging.<\/p>\n The Customer is responsible for the diminished value of the goods resulting from handling other than that necessary to establish their nature, characteristics and functioning.<\/p>\n The direct costs of returning the products are borne by the Customer, unless Folicello has agreed to bear them.<\/p>\n Folicello will refund the Customer all payments received for the products within 14 (fourteen) days from the day on which it is informed of the decision to withdraw.<\/p>\n Folicello may withhold the refund until it has received the goods or until the Customer has demonstrated that they have returned the goods.<\/p>\n The refund will be made using the same means of payment used by the Customer, unless otherwise agreed; in case of bank transfer, the IBAN indicated by the Customer will be used.<\/p>\n The refunded amount does not include the return costs incurred by the Customer, in accordance with the Consumer Code.<\/p>\n Folicello reserves the right, once the returned goods have arrived in the warehouse, to examine them to assess any damage or tampering, therefore recommends the utmost care in preparing the package and advises the use of the original packaging.<\/p>\n The right of withdrawal is excluded, among other things, in the cases provided for by art. 59 of the Consumer Code, including:<\/p>\n The right of withdrawal is reserved for Consumers who are natural persons and does not apply to purchases made by resellers or persons who purchase for purposes connected with resale to third parties.<\/p>\n The Consumer Customer has the right to the legal guarantee of conformity provided for by articles 128 et seq. of the Consumer Code for all products purchased through the Website. This guarantee covers the defects of conformity existing at the time of delivery that become apparent within the term of two (2) years from delivery of the goods.<\/p>\n In the presence of a lack of conformity, the Customer has the right, free of charge, to the restoration of conformity of the goods through repair or replacement, or, in the cases provided for by the Consumer Code, to a price reduction or termination of the contract, according to the hierarchy of remedies established by law. The Customer is required to report the lack of conformity within the term provided for by current legislation.<\/p>\n For wines and other food products sold through this site, the Consumer Customer benefits from the legal guarantee of conformity referred to in articles 128 et seq. of the Consumer Code.<\/p>\n The Customer acknowledges that these are naturally perishable goods, with a normal shelf life:<\/p>\n a)<\/strong> the legal guarantee operates within the limits of the normal shelf life and consumption of the product, as indicated on the label (for example, by expiry date or best-before date \u2013 BBD) and in any case in compliance with the maximum legal term of two years from delivery;<\/p>\n b)<\/strong> any alteration of the product resulting from natural deterioration after the expiry date or the best-before date indicated on the label does not constitute a lack of conformity for the purposes of the legal guarantee;<\/p>\n c)<\/strong> defects of the product attributable to storage not in compliance with the producer’s or seller’s instructions (for example, exposure to heat sources, direct light, excessive humidity or unsuitable temperatures), or to incorrect use or handling after delivery (see also point 10), are excluded from the legal guarantee;<\/p>\n d)<\/strong> in case of complaint relating to an alleged lack of conformity of wine or food product, the Customer is invited not to dispose of the product and to contact the Seller promptly, indicating:<\/p>\n The seller reserves the right to request further information on the storage methods of the product to verify whether the defect is attributable to an original defect or to subsequent poor storage (see also point 10);<\/p>\n e)<\/strong> it remains firm that the foregoing provisions do not limit or exclude the mandatory rights recognised to the Consumer by the Consumer Code regarding the legal guarantee of conformity, which prevail in case of conflict.<\/p>\n Therefore:<\/p>\n The following are excluded from the legal guarantee:<\/p>\n The General Terms are drafted clearly and comprehensibly; any clauses that determine a significant imbalance to the detriment of the Consumer, if not specifically negotiated, may be considered unfair and therefore null and void, without prejudice to the rest of the contract.<\/p>\n Folicello does not exclude or limit its liability for wilful misconduct or gross negligence nor the mandatory rights recognised to Consumers by the Consumer Code.<\/p>\n The Customer may send complaints to Folicello at the contact details indicated in point 17.<\/p>\n The Consumer Customer is informed of the possibility of resorting to alternative dispute resolution procedures (ADR) and to the European ODR platform, pursuant to Regulation (EU) no. 524\/2013, for disputes arising from online sales contracts.<\/p>\n European ODR platform for online resolution: http:\/\/ec.europa.eu\/consumers\/odr\/<\/a>.<\/p>\n These General Terms are governed by Italian law.<\/p>\n For civil disputes concerning the application of the rules on distance contracts with Consumers (Chapter I, Title III, Part III of the Consumer Code), the mandatory territorial jurisdiction belongs to the judge of the place of residence or domicile of the Consumer, if located within the territory of the State.<\/p>\n For professional purchases (VAT no.), the exclusive competent Court is that of the Court of Modena, as already indicated in the previous terms, without prejudice to the provisions of art. 33 et seq. of the Consumer Code regarding unfair terms.<\/p>\n For any information on the terms of sale, the right of withdrawal or the guarantee, the Customer may contact Folicello at the following contact details:<\/p>\n e-mail: folicello@folicello.it<\/a>1. Scope of application and information for the Consumer<\/h2>\n
2. Modifications and Responsibility in the use of the Website<\/h2>\n
3. Age requirements (purchase of alcoholic products)<\/h2>\n
4. Product information and availability<\/h2>\n
5. Conclusion of the online contract<\/h2>\n
6. Prices, taxes and shipping costs<\/h2>\n
7. Payment methods<\/h2>\n
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8. Shipping, delivery and transfer of risk<\/h2>\n
9. Inspection of goods<\/h2>\n
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10. Use and storage of products<\/h2>\n
11. Right of withdrawal<\/h2>\n
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12. Exceptions to the right of withdrawal<\/h2>\n
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13. Legal guarantee of conformity<\/h2>\n
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14. Liability and unfair terms<\/h2>\n
15. Complaints, ADR and ODR platform<\/h2>\n
16. Applicable law and competent court<\/h2>\n
17. Contacts<\/h2>\n
\ntel: +39 059939045.<\/p>\n