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Selling conditions

BACKGROUND

  • The sale of wine, wine selections and all products related to the world of wine offered in the online shop, hereinafter named Leonardo da Vinci (with reference to the domain shop.leonardodavinci.it hereafter "Site"), are regulated by these General Conditions of Sale.
  • All the products offered on the Site are sold directly by Leonardo da Vinci, with legal and operational headquarters in Vinci (FI), Via del Torrino, 19, VAT 04413480403
  • This e-commerce activity is aimed exclusively at end users who are "consumers" exclusively over 18 (eighteen) years of age and in any case according to current law and e-commerce regulations.
  • By "consumer" Leonardo da Vinci means any natural person who operates on his shop.leonardodavinci.it website with purposes not related to his professional, commercial or entrepreneurial activity, possibly carried out.
  • In compliance with the laws in force regarding the purchase of wines and spirits Leonardo da Vinci reserves the right not to proceed with orders from subjects other than the "consumer" and in compliance with the age limits set by law for both the purchase and for the delivery of wine and spirits. In particular, Leonardo da Vinci does not sell wine and spirits to persons under the age of 18 and, through the use of the shop.leonardodavinci.it website, you guarantee, on the one hand, that you are over the age of 18 and, on the other On the other hand, the person who will receive the shipment from Leonardo da Vinci will also be over 18 years of age.
  • The General Conditions of Sale exclusively regulate the offer, transmission, acceptance, shipment, methods of purchase and the right of withdrawal of purchase orders for products on the website www. shop.leonardodavinci.it, between users of the Site and Leonardo da Vinci SRL, while they do not regulate the supply of services or the sale of products by different subjects that are present on the Site through hypertext links, links or banners.
  • The General Conditions of Sale are periodically modified by Leonardo da Vinci based on the development of its business and the market, as well as in compliance with any updates and legislative changes. Any update and modification will be regularly published on the Site and immediately effective from the date of publication.
  • For additional legal information, see the sections: Privacy Policy and General Conditions of Use.
  • Any other information can be requested directly from Leonardo da Vinci, by writing an e-mail to the e-mail address: shop@leonardodavinci.it

THE SALES AGREEMENT

  • To purchase one or more products offered on the Site, it is necessary to fill out the order form in electronic format and send it to Leonardo da Vinci by e-mail or fax, following the relative instructions.
  • The order form contains a summary of the main commercial conditions, including the price, the means of payment and the methods of delivery, as well as information on the main characteristics of the product ordered and a reference to the General Conditions of Sale..
  • The sales contract is to be considered concluded when Leonardo da Vinci receives your order form by e-mail or fax, verifies the correctness of the data and sends you a receipt of the purchase order, containing a summary of the information already contained in the order form.
  • Once the contract is concluded, Leonardo da Vinci will process your purchase order.
  • Before sending the purchase order, Leonardo da Vinci will ask you to correct any data entry errors, to carefully read the General Conditions of Sale, including the right of withdrawal, to print a copy and to memorize or reproduce a copy for Your personal uses.
  • The contract is in Italian but an English translation is available (coming soon).
  • Leonardo da Vinci may refuse or in any case not proceed with purchase orders that are incomplete or incorrect, or in the event of unavailability of the products or for orders that do not give sufficient guarantees of solvency, providing in such cases to inform you by e-mail that the contract is not concluded and that your purchase order will not be followed up, specifying the reasons and possibly suggesting a possible solution
  • If any of the products presented on the Site are no longer available or on sale at the time of sending the order form, Leonardo da Vinci will notify you promptly and in any case within thirty (30) days, starting from the day following that of the transmission of the order, the possible unavailability of the products ordered. In the event that you have already submitted the order form and paid the price, Leonardo da Vinci will initially suggest one or more possible alternatives, of commercial value equal to or greater than the order, that can satisfy you, otherwise it will provide to the reimbursement of what you have already anticipated.
  • By sending the order form via e-mail, you declare that you know and accept unconditionally the General Conditions of Sale Leonardo da Vinci and undertakes to observe them in all relations with Leonardo da Vinci. In the event that you do not agree and / or do not intend to accept, even partially, the terms set out in the General Conditions of Sale, we invite you not to submit the order form for the purchase..
  • By submitting the order form, you also confirm that you know the additional information contained on the Site, including any references via links, as well as the First and Second Sections (Privacy and General Conditions of Use).

LEGAL GUARANTEE OF CONFORMITY:

The products purchased on www.shop.leonardodavinci.it enjoy the legal guarantee of conformity of the goods, art.128 and ss. Consumer Code. The legal warranty is valid for two years and must be enforced by the consumer within two months of the discovery of the defect.

ONLINE DISPUTE RESOLUTION:

Pursuant to European Union Regulation no. 524/2013, the Consumer residing in Europe is 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 non-judicially any dispute relating to contracts for the sale of goods and services stipulated on the network and / or deriving from the same. Consequently, if you are a Consumer established in Europe, you can use this platform to resolve any dispute arising from the online contract entered into on this site. The European ODR platform is available at the following link https://webgate.ec.europa.eu/odr

IN THE EVENT OF DISPUTES:

These General Conditions are governed by Italian law as well as each Sales Contract and subject to Italian jurisdiction. Any controversy relating to the General Conditions or to the Sales Contracts will be the responsibility of the consumer's place of residence or domicile. 

PRICES

  • All public prices are VAT included and the cost of transport is shown separately in the order form and on the invoice;
  • published prices and offers may vary from vintages to formats, for this reason Leonardo da Vinci reserves the right to make changes without prior notice;
  • in the event that a price has been incorrectly published by mistake, Leonardo da Vinci reserves the right to renounce the sale;
  • prices are subject to updates, therefore we always invite you to check the final sale price before submitting the relevant order form.

PAYMENTS

  • The payment methods are indicated in the order form;
  • the price for the purchase of the products includes shipping costs (visible separately) and will be charged to your bank account at the time of shipment of the products purchased, as indicated in the order form;
  • the preferred method of payment is by credit card, pre-paid card, Pay Pal and bank transfer;
  • all the financial information necessary for the transaction will be transmitted, via an encrypted protocol, to, which provide the relative remote electronic payment services, without third parties having access to them.
  • this information will never be used by Leonardo da Vinci except to complete the procedures relating to your purchase and to issue the relevant refunds in your case in the event of any product returns, following exercise of your right of withdrawal, or if you makes it necessary to prevent or report to the police the commission of fraud on the Site.
  • To make a transfer, the coordinates are:

    Adros Spa
    Via Sant'Anna 18
    47121 Forli' (FC) Italy
    IBAN (Bper): IT54D0538713200000002590396 BIC CODE: BPMOIT22XXX

SHIPPING AND DELIVERY OF PRODUCTS

  • The shipment will always be accounted for with a regular accompanying invoice, and unless otherwise indicated by the customer, it will be made available online on your personal "My Orders" order page
  • Leonardo da Vinci uses, for deliveries, packaging patented and certified by the best national and international couriers (BARTOLINI, GLS, TNT and others), with which it delivers the products ordered to the address indicated by you in the purchase procedure and who take full responsibility for delivery from taking charge at our company, until delivery to the address indicated by you;
  • Leonardo da Vinci assumes responsibility for any damage or behavior of the couriers.

The following data are essential for the execution of the delivery:

  • billing data, i.e. name and billing address, tax data, e-mail address;
  • delivery data, i.e. name and delivery address, telephone number, e-mail address.

CHANGE OF THE CARRIER

In the event that the carrier is chosen by you outside of those proposed during the purchase phase, the risk of damage and loss of the Products is transferred to you already at the time of delivery to the carrier itself, precluding any dispute regarding the characteristics out of what delivered. In this case, the disputes must be made by you directly to the intervening carrier.

RETURNS

Information on the right of withdrawal

Purchases on the shop.leonardodavinci.it site are subject to the regulation of D.Lgs. 206/2005 e D.Lgs. 21/2014, which guarantees you the right to withdraw, for any reason, from the purchase contract.

  • In the case of goods deemed defective, we ask you first of all to inform us by e-mail at the e-mail address: shop@leonardodavinci.it, so that we can immediately identify any problem and find a solution together with you;
  • the defective goods can be returned to Leonardo da Vinci in its original packaging within 14 days of delivery, the shipping and packaging costs for the return of the shipment are at your expense while the defective goods will be replaced and sent back to you Leonardo da Vinci or refunded, if sold out;
  • in case you decide to exercise your right of withdrawal, Leonardo da Vinci has the right not to accept the return of products that have been altered in their essential and qualitative characteristics or that have been damaged or partially consumed;
  • if you receive parcels that are visibly damaged by the courier, broken or stained by leaking wine from any broken bottles, please reject the shipment to the sender and we will take care of returning and restoring the shipment;
  • if the shipment consisted of several packages and not all were damaged, please reject the damaged package to the sender by signing the courier's note "Con Riserva" and Leonardo da Vinci will return the damaged package and replace it;
  • if the product to be replaced is out of stock, we will contact you directly for any replacement or credit of the residual value. Any shipping costs for returning the damaged package to the sender and returning the new one are borne by Leonardo da Vinci;
  • delivery typically takes place on weekdays, in two to four working days from the date of placing the order on the Site with relative payment by credit card, PayPal and prepaid card;
  • in the case of payment by bank transfer, delivery will take place with the same timing, but starting from the date of confirmation of the transfer of the funds;
  • for any information or report relating to the shipment of your orders, you can contact our Customer Service directly by e-mail at the e-mail address: shop@leonardodavinci.it.

INFORMATION ON THE RIGHT OF WITHDRAWAL

  • According to the discipline of Legislative Decree 206/2005 and Legislative Decree 21/2014, you have the right to withdraw from the contract for the purchase of products, for any reason, without penalty, within 14 working days from receipt of the goods and subject to written communication to be sent to Leonardo da Vinci, by e-mail to the e-mail address: shop@leonardodavinci.it or by sending the same communication to the following address Via del Torrino, 19,Vinci (FI).

Conditions of the right of withdrawal (pursuant to Legislative Decree 206/2005 mod. Legislative Decree 21/2014)

  • You have the right to withdraw from the contract, without stating the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which you received the goods in which you or a third party, other than the carrier and designated by you, acquires physical possession of the goods.

MODE

  • To exercise the right of withdrawal, you are required to inform us of your decision to withdraw from this contract by means of an explicit declaration, for example a letter sent by e-mail to the address: shop@leonardodavinci.it or by ordinary post to the following address Via del Torrino, 19,Vinci (FI).
  • To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

WITHDRAWAL TYPE FORM - PURSUANT TO ART. 49, PARAGRAPH 1, LETT H

(complete and return this form only if you wish to withdraw from the contract)

Recipient
Leonardo da Vinci
Via del Torrino, 19,
Vinci (FI)

Herewith I / we(*)_______________ we notify the withdrawal from my / ours (*) ___________ contract of sale of the following goods / services (*)________________

  • Ordered on (*)______________/received on (*)______________
  • Name of the consumer (s) __________________
  • Address of the consumer (s) ________________

Date __________________

Signature of the consumer (s) ______________________________

(only if this form is notified in hard copy)

(*) Delete unnecessary wording.

EFFECTS OF WITHDRAWAL

If you withdraw from this contract, you will be reimbursed for all the payments you have made in our favor, including delivery costs (except for the additional costs resulting from your possible choice of a type of delivery other than the less expensive type of standard delivery from offered), without undue delay and in any case no later than 14 days from the day we are informed of your decision to withdraw from this contract. The refund could be held beyond 14 days only until you have demonstrated that you have sent the goods back or until they have been received by us, whichever occurs first. These refunds will be made using the same payment method you used for the initial transaction, unless you have expressly agreed otherwise; in any case, it will not incur any costs as a consequence of this refund. The refund can be suspended until the goods have been received or until the consumer has demonstrated that he has sent the goods back, if previous. You are only responsible for the decrease in the value of the goods resulting from a manipulation of the property other than that necessary to establish the nature, characteristics and functioning of the goods. It is requested to send back the goods or to deliver them to us without undue delay and in any case within 14 days from the day on which you communicated your withdrawal from this contract. The deadline is met if you send back the goods before the expiry of the 14-day period.

SHIPPING ADDRESS

Leonardo da Vinci
Via del Torrino, 19,
Vinci (FI)

  • The direct costs of returning the goods will be borne by you.
  • The purchased good must be substantially intact; we recommend to pay the utmost attention in preparing the package, for example using the original packaging.
  • The right of withdrawal, in addition to compliance with the terms and methods described above, is understood to be exercised correctly if the following conditions are fully respected:
    • the products purchased must be substantially intact;
    • the products must be returned in their original packaging (in the case of the Wine Selections, it is necessary to return all the bottles that make it up);
    • returned products must be sent in one shipment and Leonardo da Vinci. reserves the right not to accept bottles or products of the same order, returned and shipped at different times;
    • the products arrived in the warehouse will be examined to assess any damage or tampering (the substantial integrity of the returned goods is an essential condition for exercising the right of withdrawal) We recommend that you pay maximum attention in preparing the package;
    • the products must not have been used or damaged.
    • The right of withdrawal is reserved only to natural persons, previously defined "consumers", therefore any purchases made by resellers or by subjects who in any capacity purchase for resale are excluded.
    • The return form must be correctly completed and sent to Leonardo da Vinci within fourteen (14) working days of receipt of the products.
    • If the Right of Withdrawal is exercised according to the methods and terms indicated Leonardo da Vinci will refund any sums already collected for products purchased directly from the Site which will be reimbursed to you in the shortest possible time and, in any case, within fourteen (14) calendar days from the date on which Leonardo da Vinci became aware of the exercise of your right of withdrawal.
    • The refund procedure will be activated once the correct execution of the terms and conditions indicated above has been verified.
    • If the terms and conditions for exercising the right of withdrawal have not been respected, you will not be entitled to a refund of the sums already paid to Leonardo da Vinci or to the issue of the credit requested.
    • However, it will always be possible to get back, at your expense, the products in the state in which they were returned to Leonardo da Vinci.
    • Otherwise, Leonardo da Vinci may retain the products, in addition to the sums already paid for their purchase.

EXCLUSIONS OF WITHDRAWAL

The right of withdrawal is excluded in the following cases provided for by art. 59 of the Consumer Code:

  • the supply of goods made to measure or clearly personalized;
  • the supply of sealed goods which are not suitable for return for hygienic reasons or connected to health protection and have been opened after delivery;
  • the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
  • the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the sales contract, the delivery of which can only take place after thirty days and the actual value of which depends on fluctuations on the market which cannot be controlled by the professional

PERSONAL DATA PROCESSING

Newsletter subscription: In case of subscription to our newsletter through the legacy of your email, we inform you that these data will be kept and stored in full compliance with the information on personal data provided to art. 13 of Legislative Decree 196/2003

TIMES AND METHODS OF REFUND

  • Once the products have been returned, Leonardo da Vinci will carry out the necessary checks relating to their conformity, under the conditions and terms indicated.
  • In the event that the checks are successfully concluded, Leonardo da Vinci will send you, by e-mail, the relative confirmation of acceptance of the products thus returned.
  • Whatever the payment method used by you, the refund is activated by Leonardo da Vinci as quickly as possible and in any case within fourteen (14) days from the date on which Leonardo da Vinci became aware of the exercise of your right of withdrawal, after verifying the correct execution of the right of withdrawal and acceptance of the returned products.
  • The refund methods used are as follows: bank transfer, credit card transfer or paypal cancellation.
  • In the event that there is no correspondence between the recipient of the products indicated in the order form and who made the payment of the sums due for their purchase, the refund of the sums, in case of exercise of the right of withdrawal, will be executed by Leonardo da Vinci, in any case, against the person who made the payment.

PRIVACY

All information relating to the processing of your personal data can be obtained by consulting the section: Privacy Policy and we also invite you to read the section: General Conditions of Use.

APPLICABLE LAW AND DISPUTE RESOLUTION

  • The General Conditions of Sale are governed by Italian law and in particular by Legislative Decree 6 September 2005 n. 206, on the consumer code, with specific reference to the legislation on distance contracts and the legislative decree 9 April 2003 n. 70 on some aspects concerning electronic commerce.
  • The sale of products and / or services takes place in the territory of the Italian State and is subject to the laws in force in the Italian Republic. Jurisdiction for the resolution of any dispute will be that provided by the Italian legislation in force at the time of the conclusion of the contract.