These general conditions of contract (hereinafter also “General Conditions”) govern the offer by Tenuta Cavalier Pepe Società Agricola S.r.l. (hereinafter also referred to as “Company”) of products on www.tenutapepe.it (hereinafter also “site”).
The General Conditions must be accepted by the user at the time of registration on the site, in order to be able to take advantage of the offers made therein and to proceed with the purchase of products. The company reserves the right to modify at any time all or part of the General Conditions, notifying Users through the site with at least 30 days’ notice, if the methods of use of the products and services offered have changed. Users are therefore required to periodically consult this page, in order to be always informed about the conditions applied. It is understood that the use of the Site subsequent to such changes implies tacit acceptance of the same.
The site is owned by Tenuta Cavalier Pepe Società Agricola S.r.l., with registered office in Luogosano (AVELLINO), IT 83040, Via Roma 42, Tax Code and VAT number 02595130648. The products on the Site are sold directly by the company. The products can be sold either through a permanent catalog or through “flash-deal” formulas or promotions that provide for the availability of products subject to quantitative and / or time limits. The product offer relates to the categories of food, spirits and accessories (wines, sparkling wines, rum, grappa, other spirits, coffee, packaged products such as sauces, honey, canned meats and other food products and accessories for the preparation, consumption or preservation of food). Following a purchase transaction, the company will issue the User with an order confirmation.
The subject of the company’s offers is the purchase of goods at the prices indicated on the Site at the address www.tenutapepe.it. The company reserves the right not to process orders from subjects other than the “consumer” in accordance with its commercial policy. In any case, the company does not sell alcohol to persons under 18 years of age. By sending orders, the consumer guarantees that the ordering party and, if different, the recipient of the goods are both over 18 years of age. Prices are expressed in Euro and are inclusive of VAT. The shipping costs of the goods can be of fixed or variable amount, calculated based on the weight, the number of items selected and / or the destination address of the goods. Shipping costs may also be included in the sale price of some items or be free if the total amount of the order is higher than a certain value and / or the number of products purchased is above a certain threshold. The User is always informed of the amount of shipping costs before concluding the purchase procedure and making the payment. The images accompanying the information sheets of a product or an offer may not be perfectly representative of its characteristics but differ in color, size and accessory products shown in the figure. All purchase support information is intended as simple generic information material, therefore not referable to the real characteristics of a single offer. 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 the available quantity of the offers are shown on the Site in such a way as to allow the User to become aware of them. The company may modify at any time and at its discretion the duration or quantity of an offer, it being understood that it will process orders placed during the validity of a particular offer. An offer may be published several times over time. In some cases it is possible that the availability of an asset ends at a time after the purchase: in these cases the company, if the conditions are met, will refund the User. It is also possible that for some offers of goods a specific variant is not guaranteed and the User will be asked to specify one or more preferences at the time of purchase: in such circumstances the User is aware that he may receive a variant of the product different from the one chosen during the purchase.
Each order sent constitutes an offer to purchase the products. Orders are subject to availability and discretionary acceptance of the company. That said, once the conditions of the offer have been acknowledged, the User can complete the order by following the procedure on the Site. Before finalizing the order, a summary will be displayed indicating the unit cost of the selected good and the total, in case of order of multiple quantities of the same item or different items. The cost of any shipping, delivery or postal costs can be fixed or variable, calculated based on the weight of the goods, the number of items selected and / or the destination address indicated by the User during the purchase process. Shipping costs may also be included in the sale price of some items or be free if the total amount of the order is higher than a certain value and / or the number of products purchased is above a certain threshold. The User is always informed of the amount of shipping costs before concluding the order process and making the payment. As the last step of the order process, the User must proceed with the payment after carefully checking and possibly modifying the information contained in the order summary. Payment must always be made to Tenuta Cavalier Pepe Società Agricola S.r.l., as it is never possible for the company to sell its products through third parties. The order is made by confirming the same and is subject to payment of the price, taxes and shipping and payment costs indicated in the order summary form. The payment methods accepted, unless otherwise specified or agreed with the User, are: credit card of the Visa, MasterCard, BancoPosta, Pago Bancomat, American Express, PayPal Account and bank transfer. Once the order has been completed, the User will receive an email summarizing all the information relating to the order placed. The order summary e-mail does not constitute acceptance of the order. The summary e-mail will also contain the references of the delivery and billing address. In some cases it is possible that the availability of an asset ends at a time after the purchase: in these cases the company, if the conditions are met, will refund the User. The debit of the sums due takes place, unless otherwise specified in the terms of the offer, at the time of confirmation of payment. In the case of bank transfer, in the summary e-mail, the bank details (IBAN), the amount of the transfer and the order number will be indicated. Payment by bank transfer must be made within any time indicated and in any case no later than 10 days from the order summary e-mail, a term beyond which it may not be possible to guarantee the fulfillment of the goods. In this case, the company will credit the user, at no additional cost and by bank transfer, any payment received after the deadline. Following the successful completion of the payment, the company will provide, by courier, the shipment of the goods. If the User realizes that he has provided incorrect and / or incomplete information about his personal details or the shipping address of the goods, it is necessary that he communicates it promptly and within the terms of order fulfillment, by sending an email to the address email@example.com. In all cases, the User is solely responsible for any indication of incorrect and / or incomplete general information or delivery address, with consequent possibility of loss of the sum paid if the goods are delivered to strangers.
Tenuta Cavalier Pepe Società Agricola S.r.l. does not process and does not store payment data (e.g.: credit card numbers), which are processed and/or stored by the relevant payment service providers. The actual payment takes place through protected and encrypted payment data entry fields. Only after the transaction has taken place, the service provider communicates to the company the outcome of the payment, without providing any sensitive information.
For this reason, the company has no power over any rejection of the credit card used for payment. The company cannot therefore be held responsible in any way for direct or indirect consequences deriving from the use of the credit card by the user to pay for the products and / or services purchased.
The company can issue discount codes (hereinafter also “coupons”) that the User can use when purchasing products. The coupons are issued in the form of an alphanumeric code and their value can be in euros or as a percentage discount on the total amount (in euros) is established unquestionably and at its sole discretion by the company. The coupon can be entered by the User in the appropriate “COUPON” field when placing the order. The coupon thus inserted will be automatically deducted, and before payment, from the total amount of the order excluding any shipping costs. The coupons, representing promotions or price discounts, unless otherwise expressly indicated, are not cumulative with other promotions or discounts on the same 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 amount of expenditure under which the use of the same will not be possible or to a minimum number of products. The Coupons cannot be sold, transferred and / or transferred to third parties without the express authorization of the company. The company reserves the right to cancel any Coupon previously issued, even before it expires, without the obligation to justify the reason and without the right to indemnity or compensation. The company may also issue Coupons in favor of Users who invite acquaintances, friends and family to view the offers of the Site and to register on the same. For the completion of this procedure, the Site may provide some features such as “Recommend to a friend”, “Send email of an offer”, “Share on” social networks etc. For each new guest who purchases an offer within a certain period of time, the company may recognize the User a Coupon, of the value determined from time to time at the discretion of the company, to be used on his Account for a subsequent purchase. The company reserves the right to eliminate the Coupons issued in favor of users who make improper use, without notice and without the right to compensation or compensation.
The company accepts orders with delivery exclusively on Italian territory, including the islands, with the exception of San Marino, Vatican City, Livigno and Campione d’Italia. For shipments abroad, write directly to firstname.lastname@example.org. Shipment to Italy, unless otherwise specified on the product sheet, takes place within 10 working days from the date on which the regular and full payment of the order is found. In the event that the goods become unavailable for any reason after receipt of the order, a refund of any payment received will be issued, at no cost to the User. The User may be informed by e-mail of the time when the product is shipped by the company. The User may request a mild e-mail, if available, the name of the courier and the tracking code of the shipment (Waybill or “Tracking”), through which it will be possible to follow the status. The company is not able to guarantee a precise date or time of delivery as this depends on the courier, the destination address and the person in charge of delivery. It is important to indicate in the order the phone number of those who will receive the delivery in case they must be contacted by the courier. The company cannot therefore be held responsible for any direct or indirect consequence deriving from these timings. The delivery of the order is intended, unless otherwise specified during the purchase process, at street level. For the shipment of all its bottles, the company uses appropriate packaging approved by the courier, designed to guarantee the integrity of the product. In any case, upon delivery of the goods by the courier, the user will be required to verify that the packaging is intact, not damaged, or otherwise altered, even in the sealing materials (adhesive tape or strapping) or that there is no leakage of liquid. Any damage to the packaging and / or the product must be immediately reported by the User, affixing a written control reserve (and specifying the reason for the reserve, eg “Laundry packaging”, “Crushed packaging”, etc.) on the courier’s delivery document. Once this document has been signed, the User can no longer make any objection about the characteristics of what has been delivered. Any problems related to the physical integrity, correspondence or completeness of the products received must be reported within 3 days of delivery, by writing an email to: email@example.com. In case of non-delivery of the goods within the indicated time, the User will be required to notify the company, which will verify, directly with the courier, the status of the shipment and any anomaly. Following an ascertained shipping anomaly (for example lost or destroyed package during transport), the company will make a new shipment of the product, compatibly with the availability of the same in stock, without further costs or burdens for the user, or to fully refund the order.
The User who requests a service for purposes unrelated to his professional activity has the right to withdraw from the purchase contract concluded with the company without any penalty and without having to provide any reason, within 14 working days pursuant to and for the purposes of art. 52 paragraph 1 of the Consumer Code, which start from the day of receipt of the product purchased on the site.
The withdrawal may be exercised by the Customer, pursuant to art. 54 paragraph 1 of the Consumer Code, using the withdrawal form referred to in Annex I, part B of the Consumer Code or by submitting any other explicit declaration of your decision to withdraw from the contract, to be sent or by registered letter with return receipt, Tenuta Cavalier Pepe Società Agricola S.r.l., Via Roma 42, IT 83040 Luogosano (AV) or by fax to +39 082 7 78163. The registered letter with return receipt or fax must contain the indication of the product and the order number. The burden of proof relating to the correct exercise of the right of withdrawal, in accordance with the procedure indicated above, is on the User. Following the correct exercise of the withdrawal, the User will have the burden of returning the goods without undue delay and in any case within 14 days from the date on which the User has communicated to the company his decision to withdraw from the contract pursuant to art. 54, c. 4. The User must apply, on the packaging, in a visible way the document received from the company following the notice of withdrawal referred to above, in which the shipping address and the details relating to the order necessary to identify the return to destination are already indicated. The User is advised to insert a copy of this document also inside the packaging, in order to avoid loss or the impossibility of identifying the return once received in the warehouse. The relative shipping costs of the goods will be borne by the User, unless the company has not informed the same about it at the time of conclusion of the contract, in accordance with art. 57 paragraph 1 of the Consumer Code. The company reserves the right to verify that the asset, for which the User is solely responsible pursuant to art. 57 paragraph 2 of the Consumer Code, is in the same state in which it was delivered or that the product has not been altered in its essential and qualitative characteristics and retains its original packaging and label. In the event that this is not available, the User will be required to return the product suitably packaged, in order to preserve its integrity. The company may refuse to accept a withdrawal for food products that have been consumed even partially. Pursuant to art. 59 of the aforementioned Consumer Code, goods made to measure or personalized or which, by their nature, cannot be returned or are subject to rapid alteration or deterioration are excluded from the possibility of withdrawal.
Any disbursement of sums as reimbursement by the company, if due, will take place pursuant to Article 56 paragraph 1 of the Consumer Code as soon as possible, and in any case no later than 14 days from the date on which the event that gave rise to the refund occurred and in case of withdrawal, from the day on which it became aware of the relative exercise by the User.
The company will make the refund using the same means of payment used by the User for the initial transaction, unless expressly agreed otherwise with the User and provided that the same does not incur any costs as a result of the use of the different means of payment. The company will not be required to reimburse delivery costs if the User has expressly chosen a different and more expensive type of delivery than that offered by the company. It is understood that the company may withhold the reimbursement until it has received the goods.
The company 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 computer 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 will of the owner.
The company will be responsible only for any defects or discrepancies found and ascertained concerning the products offered for sale.
In any case, the company cannot in any case be held responsible for delays or defects or discrepancies due to events beyond its reasonable control such as, but not limited to:
(i) force majeure events;
(ii) events dependent on the fact of third parties such as the interruption or malfunction of the services of telecommunications operators and / or power lines, or acts or omissions by carriers or shippers.
Upon registration, the User may be asked to give his consent to receive commercial information, including by sending newsletters. In this case, the user will be free to give or not his consent.
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 the company, the user and the Partner have the right to carry out the conciliation procedure. The conciliation procedure will be carried out according to the rules provided for in Article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 n. 206 (Consumer Code). If the conciliation procedure has failed, or the user or the Partner has not completed the conciliation procedure, the Parties may refer the matter to the judicial authority. To this end, the Parties acknowledge that the Judge of the place of residence or domicile of the user will be competent, if the same is to be considered a consumer according to the laws in force. If, on the other hand, the user is a professional, the Court of Avellino will be competent.