General conditions of Sale
Every order placed on the tenutemokarta.com site presupposes the consultation and full acceptance of these general conditions of sale. Object These general conditions of sale have the task of defining the rights and obligations of the parties in the field of online sales of goods offered by TENUTE MOKARTA Srl (hereinafter the seller) to the consumer. Order confirmation The contractual information will be confirmed by e-mail to the address indicated by the consumer in the order. Proof of the transaction The computerized registers, saved in the seller's databases in reasonable security conditions, are considered as proof of communication of orders and payments between the parties. The archiving of orders and invoices is carried out on a reliable and durable medium that can be provided as proof. Information, presentation and price of products All information on the essential characteristics of the products is provided next to the image of each product. The images of the products offered for sale on the site may not be displayed correctly by the buyer and may therefore not exactly match those uploaded to the site, due to malfunctions of the Internet browser or monitor used by the buyer. Product prices are in Euros and include value added tax (VAT). The prices do not include shipping costs, which will be charged to the buyer if the value of the cart of each purchase order is less than 68 Euros or 6 bottles of the Talìa line. Shipments relating to purchase orders for amounts equal to or greater than 68 Euros (including VAT) will be free. Duration of validity of the offer and price Our prices are valid for the day and can be changed at will by the staff of TENUTE MOKARTA. Delivery of products and transfer of risk, art. 63 Dlgs 206/2005 The products are normally delivered in Italy within 2-3 working days from shipment to remote areas (as indicated by the couriers); in Europe the average delivery times are 4/5 working days from the time of shipment. Orders received over the weekend will be processed starting the following Monday in the order in which they were received. (the seller reserves the right to postpone the shipment in the vicinity of holidays that could lengthen the courier's deposit times, to ensure the speed of shipment). The products are delivered to the address indicated by the consumer at the time of the order and only in the geographical areas handled by the seller. All products leave the seller's warehouse in perfect condition. The customer must report to the carrier (or postman) any small traces of impact (holes, crushing, etc.) found on the package, which must be accepted with reserve. If the package is refused because it is unconditional, a new shipment with the same products will be sent without any charges. In the event that the customer refuses the package because he no longer needs the products (for any reason), a refund of the value of the goods will be issued net of the shipping costs of sending and returning to the office, which will therefore be retained by the seller. . Even if the buyer has purchased products and obtained free shipping, he will have to pay the shipping costs. The value of these two shipments (dispatch and return) will be proportionate to the weight of the shipment and cannot be less than € 18. The exchange of any product declared, a posteriori, wasted during transport, without any reservation being expressed upon receipt of the package, cannot be treated. As with any shipment, there may be a delay or the package may be lost. In the event of a delay of more than 7 working days or if the package is lost, the seller will send a new identical package to the customer. The seller declines all responsibility for the extension of delivery terms due to problems of the carrier, especially in cases of loss of products, bad weather or strike. Delivery problem due to the carrier Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged package, broken products ...) must unequivocally be indicated on the delivery order in the form of a "handwritten reserve", accompanied by customer signature. The buyer must simultaneously confirm this anomaly by sending a registered letter with acknowledgment of receipt or a certified e-mail to the carrier within (2) two working days after the delivery date, exposing any complaint. The consumer must send a copy of this email to the email address firstname.lastname@example.org Without this observation we cannot proceed with any changes. Delivery errors The buyer must notify the seller by e-mail, on the day of delivery or at the latest on the first working day following delivery, of any claim of delivery error and / or non-conformity of the products. in kind or in quality in comparison with the indications appearing on the order. Beyond this deadline, any claim will be refused. The formulation of this complaint to TENUTE MOKARTA can be made to the email email@example.com Any complaint not made in the rules defined above and within the terms defined will not be taken into consideration and will release TENUTE MOKARTA from any liability towards the buyer. In the event of a delivery or item error, each product to be exchanged or refunded must be returned in its entirety and in its original packaging to the seller's headquarters at TENUTE MOKARTA - C.da Gorgazzo 2 Salemi 91018 TP. To be accepted, each return request must be reported and first of all approved by the seller, who in the event of agreement will send the package back to the correct address. Should this not happen, the seller relieves himself of any responsibility. Shipping costs are borne by the seller, unless it is ascertained that the product does not correspond to the declaration of origin made by the buyer in the good sense of the return. Right of withdrawal Pursuant to Legislative Decree. 206/2005, if the Customer qualifies as a "consumer", he has the right to withdraw from the contract and to return the ordered products, without any penalty and without specifying the reason, within 14 (fourteen) days of receipt of the products. The right of withdrawal referred to in the previous article must be exercised by the Customer, under penalty of forfeiture, by sending a registered letter with return receipt to: TENUTE MOKARTA, contrada Gorgazzo 2 Salemi 91018 TP; or even by e-mail to the e-mail address firstname.lastname@example.org All returns (which must be perfectly intact and accompanied ONLY by the original packaging) must be authorized in advance by TENUTE MOKARTA Customer Service. After the 14-day deadline, the seller will not guarantee the return. RETURN METHOD (legislation referred to in art.57-Legislative Decree 206/2005): The customer who wants to return the goods purchased will prepare the package leaving the products in the original packaging and in perfect conditions of integrity, and will ship to his expenses all by express courier of his choice. Once the products have been received and their integrity has been verified, the seller will issue the refund, which will take place no later than 7 days, in the manner indicated by the buyer. The return of any item is accepted without hesitation, as long as it is in PERFECT CONDITION and SEALED, FREE OF ANY KIND OF WEAR, NEITHER DAMAGED, NOR SCRATCHED, exclusively with the original packaging (including internal protections). The right of withdrawal referred to in the previous article CANNOT be exercised by the Customer if the products have been used or tampered with by the customer. The return shipment is charged to the customer, including liability in case of loss or damage to the products. The customer may also request the seller to collect it from his home. In the latter case, Tenute Mokarta will charge the consumer an amount of € 15 and offset him with the value of the goods to be refunded. Example: Order value = € 67; cost of collecting the goods = € 15; € 67 - € 15 = € 52 (amount that the consumer will receive). Conformity and warranty on goods It is the customer's responsibility, upon delivery of the goods, to check that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials. Any damage must be immediately reported to the courier making the delivery (accepting the goods with a SPECIFIC RESERVE to be written in the courier's “portalino”, indicating the problem encountered). In the event that the product has been damaged during transport, the customer must notify TENUTE MOKARTA by e-mail (email@example.com) within 1 days of delivery, detailing the damage that the product has suffered (together with photos- proof of damage suffered). In any case, at the time of delivery the products must be checked by the customer in order to ascertain that they correspond to the items ordered and that they do not present manufacturing defects or further conformity defects. Partial invalid If one or more stipulations of these general conditions are considered not validated or declared as such in application of a law, regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all.
their strength and scope. Applicable law These general conditions are subject to Italian law. It is thus established for the basic rules as well as for the rules of form. In the event of a dispute or complaint, the consumer will first of all contact the seller (TENUTE MOKARTA) to obtain a consensual resolution. Protection of personal data All the data you provide us are useful to be able to process your orders. In accordance with the Legislative Decree of 30 June 2003, n. 196, relating to the protection of personal data, has at TENUTE MOKARTA a right of rectification, consultation, modification and elimination of the data that you have communicated to us. This right can also be used online. Disputes If you are a consumer and have a dispute with TENUTE MOKARTA following the purchase of a product and it has not been possible to resolve it by contacting our Customer Service, the territorial jurisdiction is that of the judge of your place of residence or of domicile. In all other cases, the territorial jurisdiction remains exclusively that of the Forum of Trapani. Consumers residing in Europe are also informed that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial way any dispute relating to contracts for the sale of goods and services stipulated online and / or deriving from them. Consequently, if you are a consumer established in Europe, you can use this platform for the resolution of any dispute arising from the online contract stipulated on this site. Limitation of liability Apart from cases of willful misconduct or gross negligence, the seller is in no way liable to the customer for any direct or indirect damage that may arise from the purchase of products offered for sale on the site. The seller also declines any contractual or extra-contractual liability for direct or indirect damages, caused by the non-acceptance or fulfillment, even partial, of an order.