Tommasone Winery: Our Terms and Conditions
The seller of the products and the owner of the Website www.tommasonevini.it is: Tommasone Vini s.a.s. di Monti Lucia & Co. (hereinafter, “Tommasone”), with registered office in Via Prov.le Fango, 98 – 80076 Lacco Ameno (NA).
The company is registered with the Naples Chamber of Commerce under the number NA-853188 of the Business Register, tax code and VAT number 06979991210. Any information, support, request or complaint can be submitted:
- by post to the address of the Company;
- by email to tommasonevini@gmail.com;
- by phone at number +39 081 3330330.
The customer who uses this Website to purchase products (hereinafter, “Customer”) before sending the order shall carefully read these General Terms and Conditions which will be accessible at any time by the same Customer, also through the link included in the confirmation email of each order to enable their reproduction and storing.
If the Customer requires the issuance of an invoice and/or in any case he/she is not a “consumer or user” as defined by the Consumer Code, the cancellation rights pursuant to these General Terms and Conditions shall not apply, as well as the provisions that under the Consumer Code apply only to “consumers”.
The agreement entered into with Tommasone Vini through this Website is governed by these General Terms and Conditions in accordance with the Italian law. English is the language used to enter into the agreement.
GENERAL CONDITIONS OF SALE
The general conditions of sale, detailed below, serve to regulate purchases made on www.tommasonevini.it and can be modified at any time by Tommasone, subject to publication on the website of the updates.
Tommasone follows and complies with the legislation on distance contracts referred to in Legislative Decree No. 206 of 6 September 2005 (Codice del Consumo), with particular reference to the provisions contained in Part III, Title III, Chapter I “Consumer rights in contracts” and that relating to e-commerce referred to in Legislative Decree No 70 of 9 April 2003 referred to in Legislative Decree No 59 of 26 March 2010 and referred to in Legislative Decree No 21 of 21 February 2014. These general terms and conditions must be considered an integral and substantial part of the contract.
All Community and national rules on the protection of public health and consumers and in general those laid down for matters not covered by the regulated framework referred to in Art. 2 of Legislative Decree No 70 of 9 April 2003.
- Acceptance of conditions of sale
The Customer is invited to carefully view Tommasone’s conditions of sale, print them and/or save them on other long-lasting support accessible to him.
The contract concluded between Tommasone and the Customer is considered concluded with the acceptance of the order by Tommasone. The acceptance is considered tacit, unless otherwise communicated in any way to the Customer.
2. Subject of the contract
With the distance selling contract concluded through the website www.tommasonevini.it, Tommasone sells to the Customer the products presented and illustrated on the site itself. The images accompanying the references on sale may not perfectly represent their characteristics but differ in color, size and accessory products.
The Customer is required to follow the methods of storage of the purchased products that preserve their qualities, also following the indications contained in the individual technical data sheets. The wines must be kept away from direct light and in any case at temperatures not below 5 °C and not above 24 °C, in a suitable place (without excessive humidity or with mold or odors), in a position lying down for red wines and in a vertical position for white wines.
The general terms of sale published on the site do not apply to the provision of services or the sale of products made by third parties using direct links to the www.tommasonevini.it through banners or other hyperlinks/links. Tommasone assumes no responsibility for the buying and selling activity carried out by third parties not connected in any way to the company or expressly authorized by the company itself.
3. How to buy
The contract between Tommasone and the Customer ends through the Internet through the use of the website www.tommasonevini.it and the following procedure.
The Customer must access the website www.tommasonevini.it/en/shop register in order to proceed with the purchases. Once you’ve chosen the products you want, you can add them to your shopping cart and complete the next pages, following the instructions on video. Finally, it electronically transmits to Tommasone the page with all personal data and the purchase order until the payment requested.
The order page contains a link to these general conditions of sale and also describes the main characteristics of each product ordered and its price (including VAT), the type of payment chosen for purchase, the conditions for the delivery of the products, the contributions required for delivery and transport in addition to references to the general terms and conditions for the return of products purchased online. Before proceeding with the sending of the order, the Customer can correct any possible errors that occurred during the compilation of the fields and must carefully read the general terms and conditions that govern the sale and purchase. It is a good rule to print a copy of them using the print option and to save or request a copy for personal use.
The order sent by the Customer will be binding on Tommasone only if the entire order procedure has been completed regularly and correctly, without there being any error message from the website, and after tommasone has sent the Customer an e-mail confirming the order.
The Customer undertakes to verify the correctness of the data contained in the Seller’s summary and to promptly communicate any corrections to the addresses initially transmitted.
By placing an order, the Customer declares that he has read all the indications provided to him during the purchase procedure and that he fully accepts these general conditions of sale. By forwarding the order, the Customer expressly acknowledges that this implies the obligation to pay the price and other amounts due under these general conditions of sale.
In accordance with Art. 12 of Legislative Decree 70/2003, Tommasone informs the Customer that each order sent is kept in digital or paper form at its headquarters, according to criteria of confidentiality and security. The Customer can at any time request a copy from Tommasone.
4. How to pay
The payment of the purchased products must be made through one of the methods indicated on the www.tommasonevini.it.
Credit cards of the major international circuits and prepaid and rechargeable cards issued by banks in Italy are accepted: Visa, Mastercard and Poste Pay (we do not accept American express); payment by means of a PayPal.
If the unavailability of a product is detected after the registration of the order and the reservation of the strut on the card, Tommasone will make sure to reverse the amount related to the unavailable goods. If for any reason, the charge of the amount due is not successful the sales process will be automatically canceled and the sale will be resolved by art. 1456 .c. The Customer will be informed by e-mail communication.
The communications relating to the payment and the data communicated by the Customer at the time
5. Product availability
Tommasone is very careful to continuously monitor the availability of products and update the related online showcase. However, it may happen that, due to the simultaneous presence on the site of several Customers, the products are sold to others before the order is confirmed and therefore run out.
In these cases, Tommasone cannot be held responsible and will try to recommend similar references for characteristics and quality. Otherwise, it will reimburse the Customer for the full amount paid for those items or, if the Customer so wishes, offer other assets in place.
In all cases, the Customer will be promptly informed by written communication or by e-mail and can decide whether to accept the delivery of only the available products, obtaining a refund for those unavailable or whether to request the cancellation of the order, with consequent refund of any amounts already paid, communicating it by e-mail to Tommasone.
There is no minimum purchase, neither for wines nor for cosmetics. The shipping costs are described in paragraph 8 below.
6. Delivery mode
Tommasone delivers its products through specialized couriers that guarantee the care and integrity of the same from every point of view. Shipping costs are usually borne by the Customer and are explicitly highlighted at the time of placing the order.
Delivery times, which may vary depending on the destination area of the goods, will be as short as possible and in any case will return within 30 days from the date of purchase. The Customer upon receipt of the goods is required to verify their integrity and, in case of problems, must indicate it on the delivery receipt. The customer will have 14 working days to verify the goods and communicate in writing by e-mail to the address tommasonevini@gmail.com any damage. Within 14 working days, after the reported defects have been found, Tommasone will reimburse the Customer. If the latter, after making an order, refuses to deliver it for no reason, Tommasone will charge him for round-trip transport returning only the cost of the goods, if already paid.
7. Shipping costs
Tommasone wines and cosmetics are shipped throughout Italy, including islands.
The shipping costs vary according to the order placed, and in particular:
- Up to €74.00 transport costs are € 10.00
- From € 75.00 shipping is free.
By subscribing to the Newsletter you will immediately receive a discount voucher of € 10.00 on the first purchase.
8. Responsability
Tommasone is not responsible if he fails to execute the order within the time allowed by the contract for disruptions attributable to force majeure or chance, even if dependent on malfunctions and disruptions of the Internet network.
Tommasone assumes no responsibility for any fraudulent and unlawful use that can be made by third parties of credit cards, checks and other means of payment, at the time of payment of the purchased products, if it proves that it has taken all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
9. Right of withdrawal
The Customer has the right to withdraw from the contract, without indicating the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the Customer or a third party, other than the carrier and the designated Customer, acquires physical possession of the goods. To exercise the right of withdrawal, the Customer is required to inform Tommasone by e-mail (tommasonevini@gmail.com) or registered with a.r. to be sent to Tommasone Vini s.a.s. via Provinciale Fango, 98 – 80076 Lacco Ameno (NA).
In the notice of withdrawal, signed by the customer, all his details, the description of the goods and the date of purchase and /or receipt must be indicated.
If the Customer withdraws from the contract, he will be reimbursed for all payments he has made to Tommasone, including delivery costs (with the exception of the additional costs arising from the possible choice of a type of delivery other than the least expensive type of standard delivery offered). The refund will be suspended until the goods have been received or until the Customer has demonstrated that he has sent the goods back, if previous. The Customer is requested to return the goods and deliver them to Tommasone without undue delay and in any case within 14 days from the day on which he communicated the withdrawal from this contract. Damaged or used products are not replaced or refunded, even in part, or stored incorrectly (in the case of wine). The right of withdrawal does not apply to custom-made or clearly customized goods or which, by their nature, are likely to deteriorate rapidly, are sealed and do not lend themselves to being returned for hygienic reasons or are related to health protection and have been opened after delivery.
10. Warranty
Tommasone products are made with the utmost care and professionalism to guarantee a high quality standard. The Customer is legally recognized as a legal guarantee of conformity for the goods. In the event of receipt of products that do not comply with the sales contract, pursuant to Art. 129 and ss. of the Consumer Code, the Customer waives all rights if he does not report to the seller the lack of conformity within two months from the date on which the defect was discovered. In the event of a defect, the Customer may request, alternatively and without charge, the replacement of the purchased goods, a reduction in the purchase price or the termination of the contract, unless the request is objectively impossible to satisfy or is excessively onerous for Tommasone pursuant to art. 130, paragraph 4, of the Consumer Code. The request must be sent in writing.
In case of complaints related to the taste of wine, with particular reference to the “hint of cork” in case of use corks, the Customer must send the cap to Tommasone in a sealed envelope within 3 days after communicating the defects by e-mail to the address tommasonevini@gmail.com.
11. Privacy
The personal data requested during the forwarding of the order are collected by Tommasone and processed on computer media, in order to meet the obligations arising from the contract concluded with the Customer and will not be transferred under any circumstances and in any way to third parties.
Tommasone guarantees its customers compliance with the legislation on the processing of personal data, governed by the privacy code referred to in DLgs. N. 196 of 30.06.03. Data controller is the legal representative of Tommasone Vini s.a.s.. The customer, at all times, has the right to revoke consent to the processing of personal data with written communication to be sent to Tommasone, at the address above. The customer, pursuant to art. 7 of Legislative Decree No. 196/2003, has the right to access its data in accordance with the procedures provided for therein. Marketing communications will be sent only with the explicit consent of the Customer issued together with the authorization to process and send in the online registration form.
12. Protection of minors
Tommasone does not sell wine or other alcoholic products to children under the age of 18. The courier will not deliver the wine or other alcoholic products to children under 18 years of age and may request an identity document to verify the age.
13. Complaints
Any complaint must be addressed in writing to Tommasone Vini s.a.s., via Provinciale Fango, 98 – 80076 Lacco Ameno (NA) or by email to tommasonevini@gmail.com.
14. Jurisdiction and applicable law
The sales contract between the Customer and Tommasone is understood to have been concluded in Italy and regulated by Italian law. For the resolution of civil and criminal disputes arising from the conclusion of this distance selling contract, if the Customer is a consumer, the territorial jurisdiction is that of the reference court of his municipality of residence; in all other cases, territorial jurisdiction is exclusively that of the Court of Naples.
Tommasone Vini s.a.s. di Monti Lucia & Co.
Via Prov.le Fango, 98 – 80076 Lacco Ameno (NA)
Phone: +39 081.3330330
CF/P .IVA: 06979991210
Naples Chamber of Commerce REA NA-853188
