General Terms and Conditions of Use and Sale
VILLA SANTO STEFANO Società Agricola S.R.L. invites you to carefully read these General Terms and Conditions of Use and Sale before using the services offered on this website. Please also review our Privacy Policy and Cookie Policy to understand how we collect and process personal data. The following General Terms and Conditions of Use and Sale govern the offer and sale of products on this website. The olive oil and wine purchased on this site are produced and sold by VILLA SANTO STEFANO Società Agricola S.R.L., Via della Chiesa di Pieve di Santo Stefano 504/B, 55100 Lucca, Italy, VAT/Tax Code 02446590461.
§1
SCOPE OF APPLICATION
(1)
The sale of products through this website (Products) constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree No. 206 of 6 September 2005 (Italian Consumer Code) and by Legislative Decree No. 70 of 9 April 2003, which regulates electronic commerce.
(2)
The General Terms and Conditions of Sale may be modified at any time. Any changes and/or new conditions will take effect from the moment they are published on the website. For this reason, users are encouraged to regularly visit the website and review the most up-to-date version of the General Terms and Conditions of Sale before making any purchase. The applicable General Terms and Conditions of Sale are those in effect on the date the purchase order is submitted.
§2
PURCHASES ON THE SITE
(1)
With regard to Italian citizens, sales on this website are reserved for those who are at least 18 years old. Buyers who are not Italian citizens may purchase Products on the website only if they are of legal age according to their national law. If no such legislation exists, the minimum age required is 18 years.
(2)
In any case, users making purchases on this website agree to hold VILLA SANTO STEFANO Società Agricola S.R.L. harmless from any liability in the event that they have made purchases on the website without complying with their national law regarding age restrictions for purchasing.
(3)
VILLA SANTO STEFANO Società Agricola S.R.L. reserves the right to refuse or cancel orders that come from (i) a user with whom it has an ongoing legal dispute; (ii) a user who has previously violated these General Terms and Conditions of Sale and/or the conditions or terms of a purchase agreement; (iii) a user involved in any type of fraud, in particular credit card payment fraud; or (iv) users who have provided false, incomplete, or otherwise inaccurate identification data. In any case, VILLA SANTO STEFANO Società Agricola S.R.L. reserves the right to cancel orders related to transactions that do not appear to be entirely genuine.
§3
REGISTRATION ON THE SITE
(1)
Purchasing Products on this website is allowed only for registered users. To unsubscribe from the newsletter, please send your request to hospitality@villa-santostefano.it.
§4
INFORMATION PRIOR TO CONCLUDING THE CONTRACT
(1)
In accordance with Legislative Decree No. 70 of 9 April 2003 on electronic commerce, VILLA SANTO STEFANO Società Agricola S.R.L. informs the user that: • To conclude the purchase contract for one or more Products on this website, the user must complete an electronic order form and submit it to VILLA SANTO STEFANO Società Agricola S.R.L. electronically, following the instructions displayed on the website at each step of the purchase process. • The contract is concluded when the order form is received by the server of VILLA SANTO STEFANO Società Agricola S.R.L. • Once the order form is registered, VILLA SANTO STEFANO Società Agricola S.R.L. will send the user a confirmation email to the provided email address, containing information about the purchased Product, the detailed price, the payment method used, delivery costs, any additional charges, as well as the contact details of Customer Service, to which the user may reach out for assistance or to submit complaints. Users are advised to keep this email as proof of purchase. The General Terms and Conditions of Sale, information on the right of withdrawal, and the Privacy Policy of VILLA SANTO STEFANO Società Agricola S.R.L. can be accessed via the links provided at the bottom of the website. • The order form will be stored in the database of VILLA SANTO STEFANO Società Agricola S.R.L. for the time necessary to process the order and, in any case, in compliance with the law.
§5
VALIDITY OF OFFERS AND PRICES
(1)
All Product prices are expressed in Euro (€) and include Value Added Tax (“VAT”), unless otherwise stated. Any additional costs will be clearly and separately indicated in the order form before the user submits it.
(2)
The price of Products may be changed by VILLA SANTO STEFANO Società Agricola S.R.L. at any time without notice; however, the price charged to the user will be the one published on the Product information sheet (Product Sheet) at the time the order is submitted. Any subsequent price changes (increases or decreases) after the submission of the order will not be taken into account.
§6
PURCHASE ORDERS - PRODUCT INFORMATION
(1)
VILLA SANTO STEFANO Società Agricola S.R.L. will process the purchase order and ship the purchased Product only after receiving confirmation of authorization for the total amount due, which consists of the purchase price, delivery charges, if applicable, and any other additional costs as indicated in the order form (Total Amount Due). If the Total Amount Due is not paid or the successful completion of the payment is not confirmed, the purchase contract shall be automatically considered terminated by law pursuant to and for the purposes of Article 1456 of the Italian Civil Code.
(2)
The Products will remain the property of VILLA SANTO STEFANO Società Agricola S.R.L. until the user has paid the Total Amount Due. The risk of loss or damage to the Products, for reasons not attributable to VILLA SANTO STEFANO Società Agricola S.R.L., will pass to the user when the user, or a third party designated by the user and other than the carrier, takes physical possession of the Products.
(3)
Each Product is accompanied by a Product Sheet. The images and descriptions on the website aim to represent the characteristics of the Products as accurately as possible. However, the Product images in the Product Sheet may vary depending on the vintage and/or size, or in relation to any accessory products. Therefore, these images are intended for reference only and subject to normal tolerances. For the purposes of the purchase contract, the description of the Product provided in the order form submitted by the user shall prevail.
(4)
It is possible that sulfites may be added during the wine production process.
§7
AVAILABILITY OF PRODUCTS
(1)
The Products offered on this website are available in limited quantities. Therefore, it may happen that, due to multiple users purchasing the same Product at the same time, the Product ordered is no longer available after the order has been submitted.
(2)
In any case of unavailability of the ordered Product, without prejudice to the rights granted to the user by law, in particular under Chapter XIV, Title II, Book IV of the Italian Civil Code, the user will be promptly informed by email or by phone. The user will then be entitled to terminate the contract pursuant to and for the purposes of Article 61, paragraphs IV and V, of the Consumer Code. If the user exercises the right of termination under Article 61, paragraphs IV and V, of the Consumer Code, or in any case where the Total Amount Due has already been paid, VILLA SANTO STEFANO Società Agricola S.R.L. will refund the amount without undue delay and, in any case, within a maximum of 15 business days from the date of receipt. The refund will normally be credited to the same payment method used by the user for the purchase, or to a different method agreed upon between the user and VILLA SANTO STEFANO Società Agricola S.R.L. Any delays in the crediting may depend on the bank, the type of credit card, or the payment solution used.
(3)
In the case of orders containing multiple Products (Multiple Order), if the subsequent unavailability concerns only some of the Products included in the Multiple Order, without prejudice to the rights granted to the user by law, in particular under Chapter XIV, Title II, Book IV of the Italian Civil Code, and without prejudice to the application of Article 7.2, VILLA SANTO STEFANO Società Agricola S.R.L. will immediately inform the user by email or phone. The user will then be entitled to terminate the contract, limited to the Product(s) that have become unavailable, pursuant to and for the purposes of Article 61, paragraphs IV and V, of the Consumer Code. If the user exercises the right of termination under Article 61, paragraphs IV and V, of the Consumer Code in relation to the Product(s) that have become unavailable, or in any case where the Total Amount Due has already been paid, VILLA SANTO STEFANO Società Agricola S.R.L. will refund the amount due for such Product(s), including delivery costs and any other additional costs specifically related to those Products (Partial Amount Due) without undue delay and, in any case, within a maximum of 15 business days from the order submission. The refund amount will be communicated to the user by email or phone. This amount will be credited to the same payment method used by the user for the purchase or through a method mutually agreed upon. Any delays in crediting may depend on the bank, the type of credit card, or the payment solution used.
§8
DELIVERY OF PURCHASED PRODUCTS
(1)
The delivery costs payable by the user in relation to a specific order are expressly and separately indicated (in Euro and including VAT) during the purchase process, in the order summary, and, in any case, before the user proceeds to submit the order.
(2)
In the event that a specific delivery timeframe is not indicated, delivery will, in any case, take place within thirty days from the date of conclusion of the contract.
(3)
The delivery obligation is fulfilled by transferring the physical availability or, in any case, the control of the Products to the user.
(4)
It is the user’s responsibility to check the condition of the Product that has been delivered or collected. While the risk of loss or damage to the Products, for reasons not attributable to VILLA SANTO STEFANO Società Agricola S.R.L., passes to the user when the user, or a third party designated by the user and different from the carrier, takes physical possession of the Product, the user is advised to verify the number of Products received and that the packaging is intact, undamaged, not wet, or otherwise altered, including closure materials. The user is encouraged, in their own interest, to note any anomalies on the carrier’s delivery document by accepting the package with RESERVE (e.g., damaged parcel, wet package, etc.). Acceptance of the Products without reserves does not allow the user to take legal action against the carrier and/or VILLA SANTO STEFANO Società Agricola S.R.L. in the event of loss or damage, except where the loss or damage is due to the gross negligence or intentional misconduct of the carrier, and except for partial loss or damage not detectable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is discovered and no later than eight days after receipt. If the package shows obvious signs of tampering or alteration, the user is also advised to promptly notify VILLA SANTO STEFANO Società Agricola S.R.L. Customer Service. If the order has not been properly delivered, please contact us within 30 days from the order date so that we can carry out the necessary checks with the carrier. The provisions regarding the right of withdrawal and the legal warranty of conformity remain fully applicable.
§9
PAYMENT METHODS
(1)
Payment for the Products can be made by credit card, debit card, PayPal, or bank transfer. If any of these payment methods cannot be used for a specific Product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase process.
(2)
The confidential credit card data (card number, cardholder name, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers used by VILLA SANTO STEFANO Società Agricola S.R.L., and therefore the company never has access to or stores the credit card data used by the user for the payment of Products, except for the cardholder’s name.
(3)
Payment for Products purchased on the Site can be made using the PayPal payment solution. If the user chooses PayPal as the payment method, they will be redirected to www.paypal.it, where they will complete the payment for the Products following PayPal’s procedures and subject to the terms and conditions agreed between the user and PayPal. Any data entered on the PayPal website will be processed directly by PayPal and will not be transmitted to or shared with VILLA SANTO STEFANO Società Agricola S.R.L. Therefore, the company cannot access or store in any way the credit card data linked to the user’s PayPal account or the data of any other payment method connected to that account.
(4)
In the case of payment via PayPal, the Total Amount Due will be charged to the user by PayPal at the time the contract is concluded through the Site. In the event of contract cancellation or any other case requiring a refund, the refund due to the user will be credited to the user’s PayPal account, unless a different method is agreed upon between the user and VILLA SANTO STEFANO Società Agricola S.R.L. The timing of the credit to the payment method linked to that account depends solely on PayPal and the banking system. Once the credit order has been issued to that account, VILLA SANTO STEFANO Società Agricola S.R.L. cannot be held responsible for any delays or failures in crediting the refund to the user, and any disputes regarding this must be addressed directly to PayPal.
§10
Right of Withdrawal
(1)
A user who qualifies as a consumer has the right to withdraw from the contract concluded with VILLA SANTO STEFANO Società Agricola S.R.L. without incurring any costs other than those indicated in this article and without having to provide a reason, within fourteen (14) calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days: in the case of an order for a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, takes physical possession of the Product; in the case of a Multiple Product Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, takes physical possession of the last Product; in the case of an order for a Product delivered in multiple batches or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, takes physical possession of the last batch or piece.
(2)
To exercise the right of withdrawal, the user must inform VILLA SANTO STEFANO Società Agricola S.R.L. of their decision to withdraw before the end of the Withdrawal Period.
(3)
To exercise the right of withdrawal, the user must send a request via email containing an explicit statement of their decision to withdraw from the contract (Withdrawal Declaration). Since the burden of proof regarding the exercise of the right of withdrawal before the end of the Withdrawal Period lies with the user, it is in the user’s interest to keep a copy of the email sent to VILLA SANTO STEFANO Società Agricola S.R.L. containing the Withdrawal Declaration.
(4)
For the return of the Product, the user may use a carrier of their choice, with return costs borne by the user. In this case, after exercising the right of withdrawal as indicated in this article, the user must return the Product to VILLA SANTO STEFANO Società Agricola S.R.L., using a carrier of their choice and at their own expense, without undue delay and in any case within 20 calendar days from the date they communicated their decision to withdraw to VILLA SANTO STEFANO Società Agricola S.R.L. The deadline is considered met if the user dispatches the Product before the end of the fourteen-day period. The Product, properly protected and packaged, must be sent to the address of VILLA SANTO STEFANO Società Agricola S.R.L.
(5)
The direct costs of returning the Product to VILLA SANTO STEFANO Società Agricola S.R.L. are borne by the user. The return of the Product to VILLA SANTO STEFANO Società Agricola S.R.L. is carried out under the responsibility of the user.
(6)
If the user withdraws from the contract, VILLA SANTO STEFANO Società Agricola S.R.L. will refund the Total Amount Paid by the user for the Product without undue delay and in any case no later than 14 calendar days from the day VILLA SANTO STEFANO Società Agricola S.R.L. has received the returned Products in the same condition in which they were sold. The refund will be made using the same payment method used by the user for the initial transaction or another method agreed upon between the parties; in any case, the user will not incur any additional costs as a result of this refund.
(7)
The user is only responsible for any reduction in the value of the goods resulting from handling the Product in a way other than what is necessary to establish its nature, characteristics, and functioning with certainty. The Product must, in any case, be stored, handled, and inspected with normal care and returned intact, complete in all its parts, including all accessories, still attached to the Product, intact and unaltered, and free from signs of wear or dirt. Furthermore, the right of withdrawal applies to the Product as a whole. It cannot, therefore, be exercised with respect to parts and/or accessories (which do not constitute standalone Products) of the Product.
(8)
If the right of withdrawal has not been exercised in accordance with the applicable regulations, it will not result in the termination of the contract and, consequently, will not entitle the user to any refund. VILLA SANTO STEFANO Società Agricola S.R.L. will notify the user, rejecting the withdrawal request. The Product, if already received by VILLA SANTO STEFANO Società Agricola S.R.L., will remain at VILLA SANTO STEFANO Società Agricola S.R.L. at the user’s disposal for collection, which must be done at the user’s expense and under their responsibility.
(9)
If the Product for which the right of withdrawal has been exercised has decreased in value due to handling or improper storage beyond what is necessary to preserve the product’s quality, the refund amount will be reduced by an amount equal to this decrease in value. VILLA SANTO STEFANO Società Agricola S.R.L. will inform the user of this circumstance and the corresponding reduced refund amount, providing the user, if the refund has already been made, with the bank details for payment of the amount owed due to the decrease in the Product’s value.
(10)
If, under applicable law, the right of withdrawal does not apply, this exclusion will be specifically and clearly indicated in the Product Description and, in any case, during the purchase process, before the user submits the order. Users are reminded that, pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded, among other cases, for: (i) products made to measure or clearly personalized; (ii) sealed products that cannot be returned for hygiene or health protection reasons once opened after delivery.
§11
Various
(1)
By placing an order on the Site, the user consents to receive the invoice, if requested, only in electronic format. The invoice can be printed and stored as an original in accordance with Ministerial Circular 45/E, dated 19/10/2005. The information provided by the user for the issuance of the invoice is considered accurate, and the user declares and guarantees its truthfulness, undertaking to hold VILLA SANTO STEFANO Società Agricola S.R.L. harmless from any damage, including penalties imposed by the competent authorities, that may result from any false or inaccurate information provided.
(2)
All photos, texts, descriptions, and all content on the Site are the property of VILLA SANTO STEFANO Società Agricola S.R.L. Full or partial reproduction of any part of the Site is prohibited; the reproduction of texts or photos for any use and in any form is also prohibited without the prior written authorization of VILLA SANTO STEFANO Società Agricola S.R.L.
(3)
VILLA SANTO STEFANO Società Agricola S.R.L. is not responsible for any damage suffered by the user or third parties, or to property belonging to the user or third parties, due to delays in delivery or related to the use of the Product.
§12
APPLICABLE LAW AND JURISDICTION
(1)
Contracts concluded between users of the Site and VILLA SANTO STEFANO Società Agricola S.R.L. are governed by Italian law, and the competent court is that of Lucca.
(2)
Pursuant to Article 141-sexies, paragraph 3, of Legislative Decree No. 206 of September 6, 2005 (Consumer Code), VILLA SANTO STEFANO Società Agricola S.R.L. informs users who qualify as consumers under Article 3, paragraph 1, letter a) of the Consumer Code that, if they have submitted a complaint to VILLA SANTO STEFANO Società Agricola S.R.L. and no amicable solution has been reached, the company will provide information regarding bodies for out-of-court dispute resolution relating to obligations arising from a contract concluded under these General Terms and Conditions of Sale (so-called ADR bodies, as referred to in Articles 141-bis et seq. of the Consumer Code). VILLA SANTO STEFANO Società Agricola S.R.L. also informs consumers that a European Online Dispute Resolution (ODR) platform has been established. The ODR platform can be accessed at http://ec.europa.eu/consumers/odr/; through this platform, the consumer can consult the list of ADR bodies, find links to each body’s website, and initiate an online procedure for resolving disputes in which they are involved. This is without prejudice to the consumer’s right to bring the matter before the competent ordinary court for any dispute arising from these General Terms and Conditions of Sale.
(3)
Users residing in a European Union member state other than Italy may also access, for any dispute concerning the application, performance, or interpretation of these General Terms and Conditions of Sale, the European procedure established for small claims under Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed €2,000.00, excluding interest, fees, and costs. The text of the regulation can be found at www.eur-lex.europa.eu.
§13
CUSTOMER SERVICE AND COMPLAINTS
(1)
It is possible to request information, send communications, ask for assistance, or submit complaints by contacting Customer Service via the following method: Email hospitality@villa-santostefano.it
