Ters and Conditions

1. Ownership of the site

The ownership of the website www.sanfrancescowineshop.it (hereinafter the Site) belongs to San Francesco S.r.l. with registered office in Via Napoli, 18, 70022 Altamura (BA) VAT number 06564060728, and is aimed at the sale of products online.

2. Introduction and acceptance of the General Conditions of Sale

These general contract conditions (hereinafter also “General Conditions”) regulate the offer by SAN FRANCESCO S.r.l. of products on www.sanfrancescowineshop.it (hereinafter also “Site”). The General Conditions must be accepted by the User when registering on the Site, in order to be able to use the service offered.

San Francesco S.r.l. reserves the right to modify all or part of these conditions at any time by notifying the User by publishing them on the Site.

The User who continues to use the Site after the publication of the changes accepts the new conditions without reservation.

3. Registration on the site

The Site is aimed exclusively at Users who are at least 18 years of age. Browsing and using the services offered within the Site are made accessible following the registration procedure.

Registration is free. The User must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy and these general conditions. The User undertakes not to give up his credentials, even temporarily, to third parties and to keep them with due care, diligence and secrecy under his own responsibility, constituting the only means to identify the User and to validate his access to the offers. The User is therefore informed that all actions carried out through the use of said credentials will be attributed to him and will have binding effect on him. It is understood that under no circumstances will San Francesco S.r.l. be held responsible in the event of loss, disclosure, theft or unauthorized use by third parties, for any reason, of Users’ access credentials.

Registration is necessary to proceed with the purchase of products and to access summary information relating to the activities carried out by the User on the site (also “Account”).

Partial registration on the Site is also permitted (hereinafter also “Partial Registration”), by entering only the user’s email address to receive the newsletter.

In the event that the User who has made a Partial Registration then wishes to proceed with the purchase of the Products on the Site, it will be necessary, before the checkout phase, to complete the insertion of the mandatory fields, necessary for completing the purchase.

At any time, the User may update and/or modify or request deletion of the information provided during Registration. However, in the event of a cancellation request, San Francesco S.r.l. may temporarily retain, in whole or in part, such information, for the sole purpose of executing any purchases made and/or completing accounting and tax procedures.

San Francesco S.r.l. reserves the right to suspend or cancel the User’s account at any time and without notice if it believes that:

– the User has violated the Contract

– access or use of the Service could cause damage to San Francesco S.r.l, other Users or third parties

– the use of the site by the User may result in a violation of the applicable law or regulations

– in the case of investigations conducted as a result of legal actions or due to the involvement of public authorities

– the account is deemed by San Francesco S.r.l., at its sole discretion and for any reason, to be inappropriate or offensive or in violation of the Contract or not in line with its standards.

4. Identification of products

The product offering relates to the categories of alcoholic food (wine products), extra virgin olive oil and other products ancillary to the consumption of the aforementioned. The Products offered for sale on the Site are only those advertised therein in the dedicated section (Product Catalogue).

The product images are purely illustrative and do not constitute a contractual element.

The catalog may provide for product availability subject to quantitative and/or time limits.

5. Conditions of the offer

Before completing the purchase, the User must examine the characteristics of the goods illustrated in the data sheet of the product he intends to purchase, respecting the purchase limits indicated therein.

Prices (expressed in Euros and inclusive of VAT), descriptions or availability of products may be subject to change without notice, effective from the date of publication of such changes on the Site. San Francesco S.r.l. will do its best to present the characteristics of the products with the greatest possible degree of detail within each sheet corresponding to the product viewed by the User. However, the images and colors of the products offered for sale may differ from the real ones due to multiple factors including, by way of example and not limited to, the monitor of the User’s terminal, photographic filters, etc. Therefore, the User acknowledges and accepts that any minor differences do not constitute a lack of conformity of the products.

Shipping costs vary in amount and may be free if the total amount of the order is greater than a certain value or following a specific promotion. However, the user is always informed of the amount of shipping costs before concluding the purchase procedure and making the payment.

The validity of the offers may be subject to quantitative or temporal limitations, after which they may no longer be available. The validity date and/or available quantity of the offers are reported on the Site in such a way as to allow the User to become aware of them. San Francesco S.r.l. may modify the duration of an offer at any time and at its own discretion, it being understood that it will follow up on orders placed during the validity of a specific offer.

The products on the Site are intended to be sold for personal use. Consequently, the User ensures that he acts as a final consumer and that he has no intention of reselling, directly or indirectly, the products purchased on the Site and/or by telephone for commercial purposes.

San Francesco S.r.l. reserves the right to cancel the order received if the user, in order to circumvent the purchase limits indicated in the conditions of sale:

1. a) use a fictional email address but with the same shipping address as another already registered user.
2. b) enter a billing address identical to another address already used by another registered user.

In any case San Francesco S.r.l. reserves the right to temporarily suspend the sale of certain wines if it detects order anomalies such as the high number of purchases of certain wines in certain areas.

6. Coupons

San Francesco S.r.l. can issue discount codes (hereinafter also “Coupons”) that the User can use when purchasing the products. Coupons are issued in the form of an alphanumeric code and their function is established unquestionably and at its total discretion by San Francesco S.r.l. The Coupon can be entered by the User in the appropriate “Coupon” field when placing the order. Coupons are generally usable by the user for a limited period of time, after which they will no longer be usable. The Coupon may be subject to a minimum spending amount below which its use will not be possible. Unless otherwise specified, the Coupon is personal and linked to the User’s Account and can be used for a single purchase, after which it will be automatically invalidated. Coupons cannot be combined.

7. Purchase procedure and payment methods

Each order sent constitutes an offer to purchase the products covered by the order. Order processing is subject to the availability of the products ordered and the discretionary acceptance of the same by San Francesco S.r.l. In any case, the company reserves the right to cancel orders by crediting the sums paid.

The User must select the products and complete the check-out, after carefully checking the information contained in the order summary. The order is placed through confirmation of the same and is subject to payment of the price, taxes and shipping and payment costs indicated.

Following successful payment, the User will receive an order confirmation email containing the information relating to the offer purchased. The order confirmation will contain a summary of the delivery and billing address. In the absence of the confirmation email, the purchase cannot be considered validly concluded.

When the purchase is made, the User has the possibility to choose the payment method he prefers via PAYPAL.

The amounts due will be charged, unless otherwise specified in the terms of the offer, at the time of confirmation of payment. In any case San Francesco S.r.l. uses third-party tools for payment processing and does not in any way come into contact with the payment data, such as credit card data, provided.

8. Shipping, delivery and after-sales assistance

San Francesco S.r.l. only accepts orders with delivery on Italian, including islands and European territory.

San Francesco S.r.l. undertakes to deliver the goods within 10 working days from the order date. It is not possible to guarantee a precise delivery date or time as this depends on the courier, the destination address and the person in charge of delivery. San Francesco S.r.l. cannot therefore be held responsible for any direct or indirect consequence deriving from these timing.

San Francesco S.r.l. cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the User, for damage that may occur to the Products after delivery to the carrier, for delays in delivery attributable to the latter.

9. Product warranty and conformity

The User is also aware that the images used on the proposals may sometimes only be indicative of the product and may not always faithfully represent the product delivered. San Francesco S.r.l. will be directly responsible for the conformity of the products. In the event of products that are found to be non-compliant, the User will contact San Francesco S.r.l. by sending an email to info@sanfrancescowineshop.it

San Francesco S.r.l. will collect the bottle(s) in order to start the verification procedure. For the check it will be necessary that at least 70% of the wine is present in the bottle(s) and that the original cork is firmly inserted into the neck. Subsequently, if the anomaly is ascertained, we will proceed with the replacement.

10. Withdrawal

In case of purchase of products on the site, the buyer has the right to withdraw from the contract within 14 (fourteen) days from the date of receipt of the products, returning to San Francesco S.r.l. the goods delivered intact and without any alteration. The right of withdrawal does not apply to products delivered sealed that have been opened by the Customer. The notice of withdrawal must be sent by email to info@sanfrancescowineshop.it within 14 days from the delivery date and must contain:

1. a) the manifestation by the user of exercising the right of withdrawal pursuant to and for the purposes of the art. 54 of Legislative Decree no. 21/2014;
2. b) the indication of the products for which the customer intends to exercise the right of withdrawal, including the specification of the item code of the product;
3. c) the progressive order number issued at the time of purchase;
4. d) the identifying details of the invoice issued by the seller relating to the products purchased.

The buyer who has exercised the right of withdrawal must return the goods intact and without any alteration within 14 days starting from the date of communication of the withdrawal. The costs of returning the goods are the responsibility of the user. The goods must be sent c/o San Francesco S.r.l. – Via Mario Dirienzo, 34 – 70022 Altamura (BA). The user is responsible for the packaging of the goods he intends to return and therefore undertakes to take the necessary precautions in order to safeguard the integrity of the product or products to preserve them from any damage and/or any alteration.

The goods must be returned intact, in their original packaging, complete in all their parts, accompanied by the attached tax documentation. Without prejudice to the right to verify the above, San Francesco S.r.l. will proceed by crediting the withdrawing contractor with the amount paid for the purchase of the product(s) within a maximum period of thirty days starting from the date on which the seller became aware of the exercise of the right of withdrawal.

In any case, the amount paid will not be credited before:

1. a) San Francesco S.r.l. has received the shipment of the product(s);
2. b) San Francesco S.r.l. has verified the integrity of the product(s).

The clauses concerning the exercise of the right of withdrawal, as well as the related consequences and exceptions, apply exclusively to the User who qualifies as a consumer, i.e. to the User who acts for purposes unrelated to his/her business and professional activity.

11. Responsibilities of San Francesco S.r.l

San Francesco S.r.l and San Francesco Wine Shop will not be responsible for damages that may arise from the use of the Site such as computer viruses, omissions, service interruptions and software failures, even to the detriment of the User’s IT equipment, which prevent or delay the provision of services if these are due to external causes, force majeure and/or third parties not dependent on the owner’s will.

In any case San Francesco S.r.l. and San Francesco Wine Shop cannot under any circumstances be held responsible for delays or defects or discrepancies resulting from events beyond their reasonable control such as, by way of example:

(i) force majeure events;

(ii) events dependent on third party actions such as the interruption or malfunction of the services of telecommunications operators and/or electricity lines, or acts or omissions by carriers or shippers.

12. Industrial and intellectual properties

San Francesco S.r.l. is the owner of all rights relating to the graphic and conceptual content of the Site, of the distinctive signs made visible therein, as well as of every name, symbol and image used to indicate the Products on the site. Reproduction, even partial, of the content and graphics of the Site, as well as the distinctive signs made visible therein, is therefore prohibited.

13. Privacy

Personal data is collected and processed in order to follow up on User requests. San Francesco S.r.l. guarantees its users to operate in compliance with the legislation on the processing of personal data, governed by the Privacy Code referred to in Legislative Decree no. 196/2003. The privacy policy is to be considered an integral and substantial part of these General Conditions and is accessible in the Privacy section of the Site or from the link to the Privacy Policy. The data controller is San Francesco S.r.l. Any complaints must therefore be addressed to:

San Francesco S.r.l.

Via Napoli, 18

70022 Altamura (BA)

Email: info@sanfrancescowineshop.it

Upon registration, the User may be asked to give his/her consent to the receipt of commercial information, including by sending newsletters. In this case the User will be free to give his consent or not.

14. Cookies

For the correct functioning of the Site, the use of Cookies is necessary. Cookies are used to obtain information on the terminals, the operating system, the IP address and the type of browser in use, in order to offer the User a better browsing experience. This is generally statistical data, which does not contain sensitive information. it is possible to deny the use of Cookies by activating the option to deactivate them on the browser or device in use.

For further information, please refer to the Cookie Policy.

15. Applicable law and jurisdiction

These General Conditions will be governed in every aspect by Italian law. For any dispute concerning the interpretation, execution and/or termination of the contract between the User and San Francesco S.r.l., the Parties recognize that the Judge of the User’s place of residence or domicile will be competent, if the same is to be considered a ” consumer” based on current laws on the matter.