GENERAL CONDITIONS OF SALE

These general conditions of sale apply to any consultation or order placed on the website www.podereforte.it – shop-podereforte.it section of the company Agricola Forte Società Semplice with registered office in Castiglione D'Orcia, Località Petrucci 13, VAT and Taxpayer’s number: 00934570524 - Share Capital euro 10.329,14 (in short "Podere Forte") for the purchase of goods to be delivered to the address specified by the Customer at the time of order (the "Products").
For any other legal information, please refer to the sections: General Conditions of Use and Privacy Policy.
The Customer shall be obliged, before submitting his or her purchase order, to carefully read these general conditions of sale.
The actual sending of the purchase order shall imply full knowledge and express acceptance both of the above-mentioned general conditions of sale and of whatever indicated on the Order Form.
Once the online purchase procedure has been completed, the Customer shall be obliged to print and keep these general conditions of sale and the relative order form, already read and accepted, a copy of which will be sent to the email address indicated when filling in the order and/or shown on the registration form.

1. PURPOSE OF CONTRACT.

1.1 These General Conditions of Sale have as their purpose the sale of products online via e-commerce service on the shop.podereforte.it website.
1.2 The products sold on the website can be purchased and delivered solely in the countries indicated on the Order Form.
1.3 The Products are presented in compliance with legal requirements and in the most precise way possible.
1.4 Any orders for shipments to be made outside these countries may be requested from the following address: servizioclienti@podereforte.it.

2. ENTITIES.

2.1 The products are sold directly by the company AGRICOLA FORTE SOCIETA' SEMPLICE (in short the "Seller"). For any request for information, please contact our customer service: by email at the following address: servizioclienti@podereforte.it.
2.2 These General Conditions of Sale regulate the offer, forwarding and acceptance of purchase orders for products on the web; they do not however regulate the supply of services and/or the sale of products by parties other than Podere Forte that may be present on the company website via links, banners and/or other hypertext links. Before placing orders and purchasing products and services from parties other than the Seller, we suggest you check their conditions of sale, as Podere Forte disclaims liability for the supply of services by third parties other than the Seller.
2.3 The products are sold to the Customer identified by the data entered when filling in and sending the order form in electronic format with simultaneous acceptance of these General Conditions of Sale.
2.4 The offers of products on the website are addressed to customers of legal age. By placing an order through this website, you warrant being over 18 years of age and having the legal capacity to enter into contracts.
2.5 The Customer is forbidden from entering false and/or invented and/or fictitious names in the online order procedure and in further communications. Podere Forte reserves the right to legally pursue any violation and abuse, in the interest and for the protection of Customers.
2.6 Furthermore, by accepting these Conditions of Sale, you exempt Podere Forte from any liability deriving from the issuing of incorrect fiscal documents due to errors relating to the data provided by you at the time of placing the order online, since you as the Customer are the only party responsible for their correct provision and consequently liable to prosecution by the tax or other authorities.

3. SALE THROUGH THE E-COMMERCE SERVICE.

3.1 This sales contract has as its purpose the sale of movable property (hereinafter "Products") between you, as the Customer, and the company Podere Forte, on the shop.podereforte.it website, as part of an e-commerce service organised by Podere Forte.
3.2 In order to conclude the purchase contract for one or more Products, you must fill in the electronic order form (hereinafter "Order") and send it to the Seller via the Internet following the relevant instructions.
3.3 The Order contains the following:
  • request for identifying personal data useful and necessary to complete the order;
  • information and/or images of each Product and the relative price;
  • a reference to these General Conditions of Sale;
  • the payment methods you may use;
  • the delivery methods of the purchased Products and the relative shipping and delivery costs;
The chosen products may remain saved in your shopping cart for a maximum of 24 hours from their insertion, after which they will be automatically deleted without the Customer being entitled to make any claims. The sending of an email of cancellation is not envisaged and such cancellation will be automatic.
3.4 Although Podere Forte constantly adopts measures to ensure that the photographs shown on the website are faithful reproductions of the original products, including the adoption of every possible technological solution to reduce inaccuracies to the utmost, some variations are always possible due to the technical and colour resolution characteristics of the computer used by you. Consequently, Podere Forte disclaims any liability for any inadequacy of the graphic representations of products shown on the website if these are due to the above technical reasons, since such representations are merely illustrative.
3.5 Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale (flag the box "acceptance of General Conditions of Sale") including the Privacy Policy relating to the right to withdraw and the processing of personal data.
3.6 The contract between Podere Forte and the Customer shall be deemed concluded with the acceptance of the order by Podere Forte. Acceptance is deemed tacit, unless otherwise communicated in any way to the Customer. Podere Forte reserves the right, in the cases provided for in these General Conditions and without the Customer being entitled to lodge any claim or demand, not to accept or follow up an order, communicating this to the Customer at the email address associated with his or her purchase. In this case, the sum previously committed on the Customer's means of payment will be decommitted.
3.7 The languages available to conclude the contract with Podere Forte are Italian, English and French, while the applicable law is Italian.
3.8 Once the contract has been concluded, Podere Forte will take charge of your Order for its subsequent processing.

4. ORDER PROCESSING.

4.1 By sending the Order through the Internet, you unconditionally accept and undertake to observe these General Conditions of Sale in your relations with Podere Forte.
4.2 Podere Forte shall send you, by email from the following email servizioclienti@podereforte.it., an Order Confirmation, containing a summary of the information already contained in the Order described in paragraphs 3.3, 3.4 and 3.5.
4.3 Podere Forte reserves the right, before sending the Order Confirmation, to ask you via email or telephone for further details about the Order you have sent via the Internet, in order to make the shipment more secure and in compliance with the customer's requests.
4.4 Podere Forte shall be entitled not to accept/proceed with purchase orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect or in the event of unavailability of the products due to "force majeure" (see section "15. FORCE MAJEURE"). In such cases, we will inform you by email that Podere Forte cannot process your Order. In this case, the amount previously committed on the Customer's means of payment will be decommitted.
4.5 Each sale made by Podere Forte through the online sales service may concern one or more products, with no limit of quantity for each item depending on what is available on the website.
4.6 Podere Forte reserves the right to refuse orders from a Customer with whom a legal dispute is in progress relating to a previous order. This applies equally to all cases in which Podere Forte deems the customer unsuitable, including, by way of example, the case of previous breaches of contract conditions for online purchases on the website or for any other legitimate reasons, especially if the customer has been involved in fraudulent activities of any kind.

5. SALES PRICES.

5.1 Unless otherwise specified in writing, all prices of the Products and the shipping and delivery costs indicated on the website and in the Order are to be deemed inclusive of VAT and expressed in Euro. The validity of the indicated prices is always and only that shown on the website when the Order is sent via the Internet. Product prices and shipping and delivery costs may vary without prior notice. Therefore, please check the final sales price before placing the relevant Order.
5.2 All Products are shipped directly from Italy. The prices of the Products and the shipping and delivery costs indicated on the website and in the Order, unless otherwise specified, are to be deemed not inclusive of any costs related to customs duties and related taxes if the shipment is made to countries outside the EU or to countries where applicable regulations provide for import charges and/or additional costs of another type which will be charged to the customer.
5.3 These costs are therefore to the charge of the Customer and must be paid directly at the time of Product delivery, according to the indications specified in the Order Confirmation.

6. PAYMENT METHODS.

6.1 For the payment of the price of the Products and related shipping and delivery costs you can opt for one of the methods indicated in the order form on the website and which are summarized below: Credit cards, prepaid and debit cards, Paypal, Mybank.
6.1.1 For online orders on our website we accept both credit cards, debit cards and prepaid cards (for example, PostePay), without any additional charge on product and carriage costs. It is understood that you must be the holder of a valid credit card when ordering Products purchased online and that the name on the credit card must be the same one indicated in the billing data. If such conditions are lacking, it will not be possible to process the order.
6.1.2 At the time of the online purchase, at the same time as the Order Confirmation, the bank of reference will only commit the amount relating to the Order from the present availability of your credit card. The amount will be actually charged to your credit card only when the purchased products are shipped.
6.1.3 If, once you have received the package with your order, for any reason whatsoever, you intend to exercise your Right to Withdraw, after the Products purchased online have been paid for, Podere Forte will instruct the bank to credit the amount to be refunded directly onto your credit card.
6.2 PayPal
6.2.1 If you have a Paypal account, Podere Forte offers you the chance to make payments directly by using the email and password with which you registered on www.paypal.com.
6.3 At no time during the purchase procedure is Podere Forte able to know your credit card details (e.g. credit card number or expiry date), which are sent via encrypted protocol protected connection directly to the website of the entity that manages the electronic payment (bank or Paypal). No Podere Forte computer archive will store such data.
6.4 Under no circumstances can Podere Forte be deemed liable for any fraudulent or improper use of credit and prepaid cards by third parties.
6.5 My bank
6.5.1 MyBank is an electronic authorisation solution which enables consumers to securely make online payments and digital identity authentication using their bank's online banking service or an app from a smartphone or tablet.

7. BILLING.

The invoice addressed to the buyer shows the information provided by the buyer in his or her customer account. The Customer may change the data with each new order placed on the website. Podere Forte will issue the invoice in accordance with the tax regulations applicable at the time of issue.

8. PRODUCT SHIPMENT AND DELIVERY.

8.1 Each shipment contains:
  • the ordered product(s);
  • the relevant transport document/accompanying invoice;
  • any accompanying documentation required according to the country of shipment;
  • any information and marketing material.
8.2 The delivery of the Products purchased through the website can be made in different ways.
8.3 Delivery to the Customer's home.
8.3.1 The purchased Products will be delivered by the courier identified by Podere Forte to the shipping address indicated by the Customer on the Order with insured shipping. Refer to the Shipping section for additional information on costs, shipping times and methods and countries served. The Courier will not deliver wine or other alcoholic products to children under 18 years of age and may request an identity document to verify age.
8.3.2 Upon receipt of the goods at your home, you should check the integrity of the packages at the time of delivery by the courier. In case of anomalies, you must ensure the courier is made aware of these and notes them down and reject the delivery (signature in receipt "SUBJECT TO CHECKING". Otherwise you will be unable to have your rights upheld in this regard.).

9. RIGHT TO WITHDRAW.

9.1 The "end consumer customer" may exercise the right to withdraw within 14 (fourteen) days from Product delivery in order to cancel all or part of his or her order and return the Product to Podere Forte free of charge, starting on the day of receipt of the products purchased on the website. If the deadline for exercising the right to withdraw expires on Saturday, Sunday or a public holiday, the same shall be extended until the first next workday.
9.2 The right to withdraw can be exercised by means of an email sent to servizioclienti@podereforte.it. with the identification of the placed order (order no.).
9.3 The right to withdraw is subject to the following conditions:
  • the returned Products must be returned in their entirety;
  • the returned Products must not have been used or damaged;
  • the returned Products must be returned in their original packaging;
  • the returned Products must be sent to Podere Forte in a single shipment.
Podere Forte reserves the right not to accept products of the same Order returned and shipped at different times;
  • returned Products must be delivered to the Courier within fourteen (14) working days from their date of receipt;
  • in the event of Podere Forte offering the possibility of purchasing a specific package of Products (so-called promotion) at a lower price than that which would normally be practiced by purchasing them individually, the right to withdraw can also be exercised with the return of only some of the products purchased: in this case the price of the returned products will be recalculated proportionally taking as reference the price normally practiced for the purchase of the individual product. In all other cases (e.g. combined sales, special promotions, etc.) the right to withdraw can be exercised only with the return of all the products purchased, therefore excluding any partial return;
  • Podere Forte reserves the right not to accept the returned goods if the return does not comply with the terms and conditions of the return policy. In such case this will be communicated by email and it will be possible to choose whether to have the purchased products returned at your own expense or, if not, Podere Forte will retain the items without refunding the relative cost.
9.4 If the right to withdraw is exercised by you in accordance with the above conditions, Podere Forte shall reimburse the sums paid by the customer within and no later than 14 days from receipt of the returned products by Podere Forte. Normally, Podere Forte will re-credit the amount initially withdrawn very quickly, but the time taken for the re-credit to be actually visible on your current account will depend on your bank.
9.5 In case of return, the only costs to your charge will be the initial shipping costs of the purchased products.
9.6 Podere Forte undertakes to bear the initial shipping costs of the Products only in the event of damage to the same due to transport or errors in shipping by Podere Forte itself. Only in these cases will Podere Forte also reimburse the amount you paid for carriage. Podere Forte will send an express courier to pick up the Product at the address indicated by you.
9.7 To return the Product, only the courier indicated by Podere Forte in the email received from servizioclienti@podereforte.it must be used. In this way you will not have to pay the costs of returning the purchased products yourself, as this payment will be made directly by Podere Forte on your behalf. Subsequently, Podere Forte, with the exception of the provisions at par. 9.6 above and in the case of return made due to product defect, will retain from the refund due to you a lump sum amounting to the cost previously incurred by you for shipment and delivery to your home of the products purchased or the shipping costs normally charged for the country of delivery. Furthermore, from when the purchased products are returned to the forwarder indicated by Podere Forte in the email received on servizioclienti@podereforte.it, Podere Forte will exempt you from any liability in case of loss or damage affecting the products during transport..
9.8 In case the right to withdraw is exercised, Podere Forte will make the corresponding refund, within 14 days from the date of receipt by the same of the Products returned using the methods indicated above, by crediting the amount to be refunded using the same payment methods chosen by you at the time of placing the Order.
9.9 In the event of exercising the right to withdraw without complying with the conditions indicated above (e.g. beyond 14 days, etc.), Podere Forte will return the purchased Products to you once again, and charge you the additional shipping costs.
9.10 The right to withdraw is in any case excluded in the case of customised products, of the supply of goods that risk deteriorating and expire rapidly as well as of the supply of sealed goods that do not lend themselves to being returned for hygienic or health protection reasons and which have been opened after delivery.
9.11 The aforementioned clauses concerning the exercising of the right to withdraw, as well as the related consequences and exceptions, apply solely to Customers who qualify as consumers, i.e. Customers acting for purposes unrelated to any entrepreneurial, commercial, artisan or professional activity being carried out.

10. WARRANTY.

10.1 The Customer who purchases as a consumer is entitled to products and services with guaranteed conformity as long as both the conditions indicated below are met:
  1. a) the defect appears within the time limits provided for by applicable regulations;
  2. b) the Customer submits a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was acknowledged by the latter;
  3. c) the complaint is correctly sent to the appropriate email address servizioclienti@podereforte.it.
10.2 In particular, in the event of non-conformity, the Customer who has stipulated the contract as a Consumer shall be entitled to obtain the restoration of product conformity without charge, by means of replacement, or the termination of the contract with regard to the contested goods and the consequent return of the price.
10.3 All return costs for defective products shall be to the charge of Podere Forte.
10.4 Customers who do not qualify as consumers shall be subject to the regulations provided for by the Italian Civil Code in terms of warranty.

11. CONTACTS.

For any request for information, the Podere Forte e-Commerce team is at your disposal and can be contacted at the following email address: servizioclienti@podereforte.it

12. CUSTOMER COMMUNICATIONS.

The Customer acknowledges, accepts and consents to the fact that all communications, notifications, attestations, information, reports and in any case any documentation on the operations carried out, referring to the purchase of the Products, will be sent to the email address indicated at the time of registration, with the possibility of downloading the information on a durable medium in the ways and within the limits provided for by the website.

13. PRIVACY.

13.1 Podere Forte attaches great importance to the protection and respect for the privacy of its customers and their personal data and undertakes to comply with the applicable regulations, in particular Legislative Decree no. 196 dated 30/06/2003 as amended and EU Regulation 2016/679 of the European Parliament and Council dated 27 April 2016 and subsequent legal amendments.
13.2 Podere Forte collects and uses the personal data of its customers for the purpose of processing the various stages of the order, answering questions and carrying out satisfaction surveys after an order has been placed.
13.3 The customer has the right to access, rectify, object to and have erased the personal data concerning him or her. He or she may also request the restriction of processing and the portability of the data. The customer may exercise these rights by writing to privacy@podereforte.it, specifying his or her data (first name, last name, email address, telephone number). Podere Forte may need to verify the identity of the customer to ensure the processing of his or her request.
13.4 For more detailed information on the processing of personal data by Podere Forte, the Personal Data Protection Policy is available in the dedicated “Privacy Policy” section on the shop.podereforte.it website.

14. TRIAL IN CONTRACTUAL RELATIONS.

14.1 Trial
By express agreement between Podere Forte and the buyer, the emails between the Parties shall be legally binding, as shall the automatic registration systems used on the website, in particular with regard to the nature and date of the order.
The buyer may view the electronic contract entered into with Podere Forte. To this end, the buyer must contact the customer service by email and provide all the necessary information, in particular the order number and personal details.
14.2 Partial nullity
The nullity of one or more clauses of these general conditions of sale or their being declared so in application of a law, a regulation or following a final decision of a court having jurisdiction, shall not result in the automatic nullity of the entire contract and the other clauses, which shall remain fully valid and effective.
14.3 No waiver
Failure to request the application of any clause of these general conditions of sale shall in no case be deemed as a waiver of such party's rights deriving from the aforementioned clause.
14.4 Title
In the event of difficulties of interpretation or discrepancy between the title of an article or paragraph and the content of the article or paragraph, the content of the provision shall prevail over the name of the article or paragraph.

15. FORCE MAJEURE.

15.1 Neither of the parties, to be understood on the one hand Podere Forte and on the other hand the buyer, shall be held liable for the total or partial non-fulfilment of its obligations, to the extent that such non-fulfilment is due to unforeseen circumstances or to the occurrence of an event of force majeure such as, by way of example, flood, fire, storm, lack of raw materials, transport strike, partial or total strike or lock-out. The party which has suffered the delay shall notify the other party of the occurrence of an event of force majeure as soon as possible and no later than five (5) working days after the occurrence of such event.
15.2 The parties shall agree as soon as possible in order to jointly determine the manner of execution of the order for the duration of the force majeure event.
15.3 In the event of the force majeure circumstance lasting longer than one (1) month, each of the parties shall be entitled to withdraw from its commitments towards the other and Podere Forte shall reimburse to the buyer, where necessary, the sums paid by him or her in relation to the order in question.

16. AMENDMENT AND UPDATE.

16.1 Podere Forte may make changes and/or variations to these General Conditions of Sale at any time.
16.2 The Customer will therefore only be asked to accept the General Conditions of Sale applicable at the time of purchase.
16.3 The new General Conditions of Sale shall be effective from the date of publication on the website and in relation to purchase orders submitted after that date.

17. USE OF WEBSITE: “INTELLECTUAL PROPERTY AND USERS’ LIABILITY”.

17.1 Intellectual property
The elements published on the Podere Forte website, including, in particular, the logo, registered trademarks, texts, photographs, images, drawings, models or tables, constitute works protected by intellectual property rights or personal rights. The reproduction or representation, in whole or in part, of this website is therefore prohibited without the prior and express agreement of the holders of these rights and may constitute an act of infringement sanctioned by the provisions of the Intellectual Property Code and/or an offence such as to imply the civil liability of the violators of these rights.
17.2 User liability
The liability for browsing the website lies entirely with the user. Podere Forte disclaims all liability for faults, errors or computer viruses that could hinder the continuity of access to the website or malfunctions that could be found in users' PCs following access to the website. Consequently, Podere Forte shall not be liable for the payment of direct or indirect damages that may be related to the use, access to the website and/or downloading of elements contained in the website (images, texts, video files, etc.).

18. APPLICABLE LAW, SETTLING DISPUTES AND PLACE OF JURISDICTION.

18.1 The use of the website, the relations between buyers and Podere Forte, referring to orders sent on the website and sales concluded in this way, as well as the contractual documentation indicated in the previous articles, shall be governed by Italian law.
18.2 For any disputes with consumer buyers, as defined by applicable law, the European Commission makes the Online Disputes Resolution Platform available to consumers to resolve disputes out of court (Art. 14, par. 1 of EU Regulation 524/2013).
18.3 The sales contract between the Customer and Podere Forte is concluded in Italy. All disputes regarding the execution, construal and validity of this contract are subject to the law, the jurisdiction of the State and the exclusive jurisdiction of the Court of the place where Podere Forte has its registered office, with the exception of the exclusive jurisdiction of the Consumer.
AGRICOLA FORTE SOCIETA' SEMPLICE
Località Petrucci, 13, 53023 Castiglione D'Orcia(SI)
Italy
VAT: 00934570524
Phone: 05778885100

Pursuant to articles 1341 and 1342 of the Italian Civil Code, the user declares having read and approved the following provisions of these general conditions of sale: 1 (PURPOSE OF THE CONTRACT); 2 (ENTITIES); 3 (SALE THROUGH E-COMMERCE SERVICE); 4 (ORDER PROCESSING); 5 (SALE PRICES); 6 (PAYMENT CONDITIONS); 8 (SHIPMENT AND DELIVERY OF PRODUCTS); 9 (RIGHT TO WITHDRAW); 10 (WARRANTY); 12 (COMMUNICATION TO THE CUSTOMER); 14 (TRIAL IN CONTRACTUAL RELATIONS); 15 (FORCE MAJEURE) 16 (AMENDMENTS AND UPDATING) 17 (USE OF THE WEBSITE: "INTELLECTUAL PROPERTY AND USERS’ LIABILITY); 18 (APPLICABLE LAW, SETTLING DISPUTES AND PLACE OF JURISDICTION)).