1.1 The following Online Shop Terms and Conditions of Sale (“T&C”) apply to the use of the Online Shop at tenutedibadia.it (“Online-Store/Shop”), as well as to the purchase contracts concluded at the Online Store, and to all related services provided by Tenute di Badia, corporate name: Fattoria Badia Pozzeveri società Agricola, s.r.l. located in via Fattoria 10, località Badia Pozzeveri, 55011 Altopascio (LU) -Italy, (“us”, “we”, “our”, “the Seller”). To place an order on the Store, it is mandatory to accept these Terms and Conditions of Sale in their entirety.
1.2 As used in these T&C, the term “Customer” (also ”User”, “Client”, “You”) shall refer to users of the Online Storeand to buyers of products at the Online Shop.
1.3 Any terms of business laid down by the Customer which diverge from these T&C shall not apply. Any confirmation from the Customer that is based on the latter’s own terms of business is hereby expressly refuted. The Customer’s terms of business shall not become an integral part of any agreements unless the Seller has expressly confirmed same in writing.
For any further information, the Customer shall contact Tenute di Badia prior to placing an order, by email or throught the contact form.
2. Tenute di Badia Online Store Performance
2.a. Tenute di Badia Online Shop offers bottles of Wine, Spirits, Extra Virgin Olive oil and other Tuscan beverages and foods. The specific items prices and details can be gathered from the details provided in each case at the Online Shop.
Tenute di Badia, as owner of the Store and producer of said products, is entitled to add, replace or remove any product at any given moment, as well as to change prices, indication and location-based availability of any product.
2.b. Tenute di Badia Store is designed and operated in accordance with the European Law regarding Alcoholic Bevearegs. The Customer must be 18 years of age or older to place an order on the Store, and must not be prohibited from accessing or using the website, or the website’s goods, services or contents by applicable Law. As per ”Terms and Conditions of Use” of tenutedibadia.it, by accessing and navigating the site, the User declares to be 18 years of age or older.
2.c. Products for sale on the Store are available for shipping to Countries outside the E.U. Tenute di Badia distributes its products to said Countries in complete accordance with the respective laws and regulation (see below). However, before placing an order, it is the Customer’s responsibility to verify its Country’s alcohol laws regarding (including but not limited to): legal drinking age, restrictions on possession, regulation.By placing an Order, the Customer confirms that he\she is legally entitled to take possession of alcohol beverages and is legally entitled to take quantities ordered.
2.1 Purchase procedure
The ”Confirmation of Order” message does not consitute an acceptance of the order. The sale contract is closed upon written via email by Tenute di Badia to the Customer, with an the “Order Accepted” message. In any case, Tenute di Badia reserves the right to not confirm an order, by communicating said decision to the Customer by email within 5 working days, including motivation (such as: product\s sold out, product\s no longer allowed to sale in the Customer’s Country, or other reasons). In such case, Tenute di Badia will reimburse the Customer of the complete amount of the Order, to the same Method of Payment chosen by the Customer at the time of Checkout.
2.2 Products availability
Tenute di Badia reserves the right to modify prices, descriptions and availability without prior notice. Pictures of the products included are indicative and may not constitute an exact representation of the products.
Tenute di Badia will actively work to provide clear end unambiguous information about the Products, and carefully update pictures and descriptions on the Products’ profile pages as often as necessary. However, pictures and colours of the products on the Site may slightly vary from the real ones, for a number of reasons including (but not limited to), User’s monitor settings, photografic filters etc. Similarily, minor incongruences may appear between the product’s descriptions on the Site and the indications on the label or packaging of the real product. The Customer acknowledges and accepts that such discrepancies do not constitute any defect of conformity of the product.
3. Methods of Payment
The Site utilizes a HTTPS (Hypertext Transfer Protocol Secure): an internet communication protocol that protects the integrity and confidentiality of data between the User’s computer and the Site. Also, Tenute di Badia utilizes third-party instruments for processing Customers’ Orders and under no circumstances and by no means has access to the Customer’s payment information (such as, but not limited to: Credit or Debid Card info, PayPal account data, Bank account data). Costs relative to the operationg costs of those payment systems will not charged on the Customer. At the countrary, if a different payment method is requested by the Customer before Checkout, any additional cost of running will be charged to the Customer.
3.2 Autorization for future Payments via PayPal
In case of payment via PayPal, Tenute di Badia will save and store a referring code, which will authorize Tenute di Badia to exclusively access the payment data in case of future purchases by the same PayPal account. It is possible to revoke such authorization at any moment, by contacting Tenute di Badia via email, phone, or contact form.
3.3 Storing of Personal Payment data via Stripe
The Stripe Checkout service (“Stripe Checkout”) is technology that makes it easier for merchants on the Internet to collect payment from individual Customers. It also allows the Customer to safely store their preferred payment method’s data on its database. As specified before, under no circumstances Tenute di Badia will come in contact with the Customer’s payment data (including, but not limited to Credit\Debit Card data). More information about Stripe checkout on the Official Website here
3.3 Reservation of ownership
All products remain proprerty of the Seller until the complete amount of the Order is payed by the Customer.
3.4 Execution of the Order
The order is executed within terms indicated in the Order Summary Page and in the Confirmation email, subject to there being products. Tenute di Badia shall not be held responsible for damages to the Customers in case of any delay of delivery.
Two delivery methods are available on the Site:
- 4.1 In-store pickup. Exclusely available for orders placed from mainland Italy. If selected, it allows the Customer to pickup the Order at Tenute di Badia’s Cellar door (see “Where are we“) . Products will be ready for pickup from hours 12.00 of the working day following the Order’s date. Tenute di Badia advises to refer to standard opening hours listed on the Website.
- 4.1.a Costs: No additional costs.
- 4.2. Home delivery (Shipping): Within 7 workdays from the Order’s date, the products are packed in a sturdy, heat-resistant stryfoam boax and carried by a Courier from Tenute di Badia Storage Facility. Transportation, handling and delivery are operated by different Courier services, depending on the address of the Receipient. Orders from Tenute di Badia Store are delivered Monday to Friday, 8.00 to 20.00 local time. In some cases, delivery may happen on Saturdays as well. In case of orders to be delivered outside the European Union, restrictions in quantity of products available to ship may be applied, in accordance with local Law. All necessary information about delivery, taxes and fees already included in the final price, will be available on the Site’s Checkout page. Tenute di Badia is committed to providing the best shipping time possible at a reasonable price. For information purposes only, average delivery times based on zone are listed below ( from the Courier’s pickup day to delivery):
- ITALY (mainland): 3/5 workdays.
- ITALY (islands and remote locations): 5/7 workdays.
- EU (BENELUX, Germany, France): 5/7 workdays.
- EU (Others): 5/10 workdays.
- United Kingdom.: 7/10 workdays.
- United States of America: 15/20 workdays.
- 4.2.b Costs: Shipping costs are automatically calculated based on size, weight and destination of the Order. They will be displayed on the Checkout Page upon inserting the Customers address.Custom fees, Import duties, extras for remote locations or any other extra in general, if present, are included in the final price, unless stated otherwise in the ”Order Received” email.
4.3 Additional Notes regarding home delivery
4.3.a In rare cases, delivery times may vary due to a number of circumstances above Tenute di Badia’s control. The Seller abstains from estimating the time of delivery upon receiving an order request, and asks to refere exclusively to the tracking code provided by the Courier. Tenute di Badia will take care to provide a tracking code as soon as possible (further information below). Moreover, Tenute di Badia will not be deemed responsible for any delay caused by external or unpredictable circumstances including (but not limited to): custom clearence delay, exeptional weather conditions, changes of regulations enforced after the Order’s date etc.
4.4.b The Customer is expected to receive the Order in person by the Courier. A few delivery attempts will be made by the Courier, after which the Order will only be retriavable by the Customer at the local Post Station or Courier’s storage facility, at an additional cost. Such cost shall be considered totally entiteled to the Customer.
4.4 Taxes and Custom duties
As previously stated, all Taxes, Import and Custom duties, if present, are included in the final price. No further tax, fee or cost has to be paid by the Customer at the time of Delivery. Tenute di Badia will provide any necessary information and certification, in accordance with the Laws and Regulations of the recipient’s Country.
4.5 Tracking an order
Tracking code and an estimated time of arrival are generated by the Courier as the order is picked-up from Tenute di Badia Storage Room. The Customer will receive the tracking code via email, with a link to the Courier website.
5. Insurances and right of withdrawal
5.1 Orders are not covered by any insurance. In case the Customer is interested in purchasing an insurance over delivery, he shall contact Tenute di Badia via email prior to Checkout. According to the current legislation and its own company policy, and regardless of insurances, Tenute di Badia will provide an after-sale assistance service in case of broken or damaged goods, non-conformity of one or more products, unusable products in general.
Non-conformity of one or more products shall be notified to Tenute di Badia within 7 workdays from the date of delivery. It is mandatory to include pictures of the damaged or incorrect goods in the email, and to provide the delivery documents provided by the Courier. In case of a missing product\s claim, Tenute di Badia reserves the right to get in contact with the Courier that operated the delivery before answering, to inquiry about the Order’s weight at the time of delivery, and further information about the content of the box\boxes, if present/available. Tenute di Badia reserves the right to demand flawed bottles to be sent back.
The User has the right to withdraw from the present contract within 14 days without giving any explaination. The withdrawal period will expire after 14 days from the day on which the Customer acquires, or a third party other than the carrier and indicated by the Customer, acquires physical possession of the goods (as per Art. 52 comma 1 del Codice del Consumo). Withdrawal request can be send by
- Registered mail with return receipt to: Fattoria Badia Pozzeveri società Agricola s.r.l. – via Fattoria, 10 località Badia Pozzeveri, 55011 Altopascio (LU) Italia-
- Email to the address [email protected]
The letter or email shall contain the content and the number of the Order.
5.3 Returning the goods
Upon confirmation of the withdrawal procedure from Tenute di Badia, the User shall send back the goods, or hand them over to Tenute di Badia without undue delay and in any event not later than 14 days from the day of communication of withdrawal. The box shall contain precise indications of the content, address of Tenute di Badia, as stated at point 5.2. The Customer will have to bear the direct cost of returning the goods, unless different indications provided directly from Tenute di Badia, exclusively in written form, at the time of withdrawal communication from the Customer.
5.4. Conditions of returned goods
The products shall be handled with care and sent back intact, complete in every part, accompained by any label or brochure if present, unopened, bearing no signs of use or dirt. As per art. 57 comma 2 del Codice del Consumo, the Customer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. In case of products returned in improper state, Tenute di Badia shall notify the Customer within 5 workdays and subtract a part from the total amount of the refound. In case of refound already being made, Tenute di Badia will provide its back account data to the User. Tenute di Badia reserves the right to refuse withdrawal in case the products are returned is poor state or if the bottles are opened.
If all the necessary conditions previously mentioned are met, Tenute di Badia will provide the reimbursement of the entire amount of the Order to the Customer, as per Art.56 comma 1 Codice del Consumo. The amount will be refound as soon as possible an in any case, within 14 days from the event that caused the request of refound, or (in case of withdrawl), from the day of notification of withdrawal by the Customer. Tenute di Badia will provide such reimbursement using the same means of payment as the one used by the Customer for the first transaction, unless expressly agreed otherwise. Under no circumstances, the Customer shall incur any fees as a result of such reimbursement. Tenute di Badia reserves the right to withhold reimbursement until the goods are returned, or the Customer has provided evidence of having sent back the goods.