GENERAL CONDITIONS OF SALE

The offer and sale of products on our website (“www.dellavignafirenze.com”) are governed by the following General Conditions of Sale.

PREMISE

Della Vigna is a trademark of:

Plus Assistance srl, with registered office in:

50144 Florence / Italy
Via Ponte alle Mosse, 43
ecommerce@dellavignafirenze.com
Fiscal Code and VAT number: IT 0232892049

Plus Assistance srl owns the Della Vigna brand and is responsible for food products sold under the Della Vigna brand.

For any information regarding the products or their mode of sale, please contact our customer service ..

If you need more information, please visit the Shipping, Returns and Refunds area, Privacy and Cookie policy. You will find information about orders and shipments, refunds and the return of products purchased on www.dellavignafirenze.com and other legal information.

Access to purchases is allowed only to registered users.

Users must have:

read the Information on the processing of personal data;
accepted the General Conditions of Sale;
created an account on dellavignafirenze.com.
Pursuant to and for the purposes of art. 7 and 12 of the Legislative Decree. n. 70 of 9/04/2003, Plus Assistance srl is identified as “the Seller” and with the name Della Vigna.

The user is asked to print a copy of the General Conditions of Sale and / or to store them on a durable medium.

Registration is allowed only and exclusively to natural persons who are of legal age. “Consumers” means the natural persons who access the site www.dellavignafirenze.com for purposes not related to commercial, entrepreneurial or professional activity carried out. Therefore, the provisions contained in the italian Legislative Decree will be applied. n. 206 of 6.9.2005 (“Consumer Code”), in addition to those applicable to the type of service provided by Della Vigna according to italian Legislative Decree no. n. 70 of 9/4/2003.

Scope of

These General Terms and Conditions of Sale apply to all sales made by Plus Assistance srl on its internet site of www.vignafirenze.com
The General Conditions may be modified at any time, except for the right of withdrawal of the user referred to in point 1.4 below. Any changes and / or new conditions will be effective from the moment of their publication in the “General Conditions of Sale” section of the Site.
The General Conditions of Sale applied are those in force on the date of sending the purchase order.
In the event that the user does not intend to accept the changes to the General Conditions of Sale he will have the right to withdraw by giving notice by registered letter with acknowledgment of receipt to Della Vigna – Plus Assistance srl, via Ponte alle Mosse, 43 – 50144 Florence, Italy or to the e-mail box ecommerce@dellavignafirenze.com with 7 days notice.
The continued use of the Service after the deadline referred to in paragraph 1.4 constitutes manifestation of the willingness to accept the General Conditions of Sale.
These General Terms and Conditions of Sale govern exclusively and exclusively the sale by Della Vigna of the products available on the dellaVignafirenze.com website; or visible through links, banners or other hypertext links.

Register to the site

To access the commercial proposals placed on the site www.dellavignafirenze.com you must register on the Site, creating your own account, approving the General Conditions of Sale by clicking on the “Register” button on the home page of the Site. Failure to accept the General Conditions of Sale implies the impossibility to register on the Site and to make purchases on dellavignafirenze.com
Registration on the Site is free. The user must complete the registration form, by entering an e-mail address and a password (hereinafter the “Registration Credentials”). The registration must be validated and is confirmed by e-mail sent to the address provided by the user.
Registration Credentials must be used exclusively by the user and can not be transferred to third parties. The user must notify Della Vigna in case of suspected improper use of the same. The Registration Credentials may be modified by the user at any time by accessing the website of dellaVignafirenze.com in the appropriate section.
The user guarantees that the Registration Credentials provided during the registration procedure on the Site are complete, correct and truthful. The user agrees to keep Della Vigna unharmed from any obligation to compensate, resulting sanction and / or in any way related to the violation by the user of the rules on registration on the Site. The user is the sole responsible for accessing the Site through your Registration Credentials and respond directly

Pre-contractual information

In accordance with Legislative Decree 9 April 2003, n. 70 regarding the provisions on electronic commerce, Della Vigna informs the user that:

to conclude the contract for the purchase of one or more products placed on the site www.dellavignafirenze.com, the user must fill out an order form in electronic format and transmit it online at Della Vigna following the instructions that appear on the site itself and that will accompany the different phases of the purchase;
the contract is concluded when Della Vigna records the order form, after checking the correctness of the data relating to the order and payment;
before proceeding with the transmission of the order form, the user will be able to identify and correct any errors in entering the data by following the instructions indicated on the Website and which will accompany the different phases of the purchase; Della Vigna, once registered the order form, will send the user to the e-mail address indicated a confirmation e-mail containing a summary of the General Conditions of Sale, information on the characteristics of the product purchased, the detailed indication of the price, the means of payment used, the methods for exercising the right of withdrawal, shipping costs and any additional costs and the indication of the assistance service. It is recommended to keep the e-mail received as proof of purchase or to print it;
the order form will be filed in the Della Vigna database for the time necessary to process the order and, in any case, according to the law. To access your order form, the user can consult the Profile – Orders section of the site where he will find the list of all orders placed.

Terms and conditions of purchase

The commercial proposals published on the Website dellavignafirenze.com are sometimes available for a limited time and with limited quantities of products. In these cases, the date of validity of the commercial proposals is indicated on the Website.
All prices shown on the Website are expressed in Euros (€) and are inclusive of VAT. The contribution to the costs of processing the order and delivery is explicitly indicated and includes VAT. This amount will be shown separately on the order form before sending and only the order confirmation e-mail.
The price of the products may be changed without notice until the order is confirmed, provided that the price charged to the user will be the one published on the product sheet when the order is placed.
The products will remain the property of Della Vigna until payment of the purchase price and transport costs by the user.
The Della Vigna will process the purchase order only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, shipping costs and any additional cost, as indicated in the order form.
Della Vigna reserves the right to refuse orders from users who do not give sufficient guarantees of solvency or with which pending disputes are pending.

Availability of products.

The products offered on the Site may be available in a limited number. It may therefore happen that the ordered product is no longer available after the registration of the purchase order. In case of unavailability of the ordered product, the user will be promptly informed by e-mail and the purchase order will be canceled. If payment has already been made, Della Vigna will refund the sum paid by the user, including the contributions to the costs of order fulfillment and shipping costs, immediately, and in any case within the term of thirty days from from the day after sending the order. The refund amount will be communicated by e-mail, and credited to the same payment method used for the purchase or by bank transfer.
Della Vigna declines all responsibility for any delays in crediting, which depend on the bank or the type of credit card used for payment. In any case, the value date of the amount credited will be the same as the debit.

Delivery of goods

The goods are delivered to the postal address indicated by the user in the order form. The user is solely responsible for the address provided for shipping.
Delivery times are those indicated in the purchase order registered in the Profile – Site Orders section and specified in the confirmation of the purchase order. In case of failure to indicate a specific delivery date, it will take place within 30 days from the one following the order.
Upon delivery of the products to the carrier, Della Vigna will send the user an e-mail confirming shipment. Deliveries will be made from Monday to Friday, during daytime from 8.00 to 18.00, excluding national holidays.
In case of impediments to delivery due to force majeure, Della Vigna will contact the user by e-mail to inform him of the delay in delivery times. Della Vigna can not be held responsible in any way for any delays due to third parties and / or due to force majeure.
Delivery is considered completed when the product is made available to the user at the address specified in the order form.
In case of non-delivery due to the absence of the recipient at the specified address, the courier will leave a communication in place to testify the delivery attempt. The card will indicate the data that the user must use to contact the courier and to define an appointment for the second delivery attempt. After 2 unanswered delivery attempts, the package will be in storage and Della Vigna’s Customer Service will contact the user in order to unlock the stock and ensure that delivery takes place as soon as possible. If this attempt is not successful, the purchased product will be sent back to Della Vigna. After 30 days from the date on which the product is sent back to Della Vigna, the contract will be considered terminated and the purchase order canceled pursuant to art. 1456 c.c .. Then Della Vigna will refund the sum paid by the user net of the costs of delivery of the product not successful, as well as the costs for the return and custody costs incurred by Della Vigna. The termination of the contract and the amount of the reimbursement will be communicated to the user by e-mail. The refund amount will be credited to the payment method used by the user for the purchase. If, before the 30 days, the user requests to receive the purchased product again, Della Vigna will proceed to the new delivery upon charge, in addition to the costs of the same, the costs of returning the product to Della Vigna and the expense.

Withdrawal

The user who has purchased products through the Site has the right to withdraw from the contract concluded with Della Vigna, without any penalty and without specifying the reason, within 10 working days from the date of receipt of the goods, unless otherwise specified. The withdrawal must be exercised by registered letter with acknowledgment of receipt sent to: Della Vigna
Plus Assistance srl, via Ponte alle Mosse, 43 – 50144 Florence (Italy)

The withdrawal can be anticipated, within 10 days indicated above, also by e-mail to the e-mail address: ecommerce@dellavignafirenze.com provided that the notice of withdrawal is confirmed by registered letter with acknowledgment of receipt within 48 hours later.

The user must send, using a carrier of his choice and at his own expense, within 10 working days from the date of receipt of the goods, the purchased products, appropriately packed in their original packaging, complete with any accessories.
The user must send the products only and exclusively to our warehouse: Della Vigna –
Plus Assistance srl at Tre Elle srl, 50041 Calenzano (FI) Italy, Via di Le Prata, 116
For any information, please write to the e-mail address ecommerce@dellavignafirenze.com. Della Vigna Customer Service will arrange for the collection of the returned goods in case of request by the user.

Pursuant to art. 67, II comma, of the Consumer Code, constitutes the necessary condition for the exercise of the right of withdrawal the substantial integrity of the product to be returned. The products must not have been damaged and / or altered.
For the exercise of the right of withdrawal it is not required that the goods to be returned be insured against theft and accidental damage by transport. However, since the risk inherent in the return of the goods weighs on the purchaser, Della Vigna invites the buyer who intends to exercise the right of withdrawal to insure, at its own expense, the shipment for the value indicated in the communication confirming the order ‘purchase.
In accordance with the art. 67, fourth paragraph, of the Consumer Code, only after the return of the product and only after having verified the fulfillment of the points 7.1, 7.2, 7.3, 7.4 above, Della Vigna will proceed, as soon as possible, to the reimbursement of the sums paid by the user. The amount of the refund will be communicated by e-mail and credited only the same means of payment used for the purchase or by bank transfer. The value date of the amount reimbursed will be the same as the debit. The user’s ability to adhere to current commercial offers remains unaffected.
Pursuant to art. 55 of the Consumer Code, the right of withdrawal is excluded if the sale relates to products tailored or customized or that by their nature can not be returned or are likely to deteriorate or expire rapidly.

Payment

The payment of products purchased on the site dellavignafirenze.com is made by credit card or PayPal. Della Vigna accepts all major credit cards (VISA, MASTERCARD, AMERICAN EXPRESS)
At the time of transmission of the order no charge will be made on the credit card used by the user for payment. The charge will be made only after:
the credit card details used by the user for payment have been verified;
the credit card company used by the user will have issued the authorization to debit.
The tax receipt will be issued automatically with each purchase. On the occasion of the first purchase, the user will be asked to communicate the data for the receipt header. The user can subsequently change this data. The receipt of each purchase will be available in the Profile – Orders section.
In case of non-payment, Della Vigna will charge the costs related to the management of the user and will refuse the relative purchase order, by communicating it by e-mail. Della Vigna reserves the right not to accept, in its sole discretion, payment methods different from those already indicated.

Guarantees and non-conformity of products

The products offered on the site dellavignafirenze.com are compliant with Italian and European Union legislation.
The description of the products is that placed in the product sheets placed on the site. The images and colors of the products published on the Website may differ from the real ones due to the local settings of the systems and / or tools used for their visualization.
All products sold on the Site are covered by the Legal Guarantee of Conformity provided for in articles 1228-135 of the Consumer Code (“Legal Warranty”). The Legal Guarantee is reserved for consumers.
In case of lack of conformity of the purchased products compared to the description published on the Site, the user has the right to replace the product, without any additional expense, where this is possible in relation to the number of units still available for sale and unless the substitution are not excessively burdensome for the seller in consideration of the value that the good would have, if there was not the lack of conformity, and of the entity of such defect. Alternatively, the user has the right to terminate the contract or to reduce the price, in accordance with the following provisions.
The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the product and that occurs within 2 years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within 2 months from the date on which it was discovered.
Unless proven otherwise, it is presumed that the conformity defects that occur within six months from the delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. In order to take advantage of the legal guarantee, the user must therefore provide proof of the date of purchase and delivery of the goods.
In case of termination of the contract, Della Vigna will return the price paid by the user, in addition to shipping costs and any additional costs. In case of price reduction, Della Vigna will refund the amount of the reduction previously agreed with the user. In any case, the refund amount will be communicated to the user by e-mail and credited to the payment method used by the user for the purchase. The user must agree with Della Vigna’s Customer Service and the method of shipping the goods.
Products modified or otherwise altered by the user are excluded from the legal guarantee. Also excluded from the field of application of the Legal Warranty any faults or malfunctions or other defects caused by accidental events or by the user’s responsibility or by a non-conforming product use.

Guarantees and non-conformity of products

The products offered on the site dellavignafirenze.com are compliant with Italian and European Union legislation.
The description of the products is that placed in the product sheets placed on the site. The images and colors of the products published on the Website may differ from the real ones due to the local settings of the systems and / or tools used for their visualization.
All products sold on the Site are covered by the Legal Guarantee of Conformity provided for in articles 1228-135 of the Consumer Code (“Legal Warranty”). The Legal Guarantee is reserved for consumers.
In case of lack of conformity of the purchased products compared to the description published on the Site, the user has the right to replace the product, without any additional expense, where this is possible in relation to the number of units still available for sale and unless the substitution are not excessively burdensome for the seller in consideration of the value that the good would have, if there was not the lack of conformity, and of the entity of such defect. Alternatively, the user has the right to terminate the contract or to reduce the price, in accordance with the following provisions.
The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the product and that occurs within 2 years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within 2 months from the date on which it was discovered.
Unless proven otherwise, it is presumed that the conformity defects that occur within six months from the delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. In order to take advantage of the legal guarantee, the user must therefore provide proof of the date of purchase and delivery of the goods.
In case of termination of the contract, Della Vigna will return the price paid by the user, in addition to shipping costs and any additional costs. In case of price reduction, Della Vigna will refund the amount of the reduction previously agreed with the user. In any case, the refund amount will be communicated to the user by e-mail and credited to the payment method used by the user for the purchase. The user must agree with Della Vigna’s Customer Service and the method of shipping the goods.
Products modified or otherwise altered by the user are excluded from the legal guarantee. Also excluded from the field of application of the Legal Guarantee any faults or malfunctions or other defects caused by accidental events or by the user’s responsibility or by a use of the product that does not conform to its intended use and / or as provided in the documentation technique attached to the product, if any, or in the instructions for use relating thereto. The guarantee is personal and will therefore apply only to the original purchaser.

The conventional guarantees relating to the products sold are supplied by Della Vigna in its capacity as producer.
In no case will Della Vigna be held liable for any breach of any of the obligations deriving from these General Conditions of Sale in the event that the breach is caused by chance and / or force majeure, including, purely by way of example, natural disasters, terrorist acts, network malfunctions and / or blackouts.

Obligations and responsibilities of Della Vigna.

Della Vigna undertakes to correct all errors in the description of the products offered on the Site, in the shortest possible time, starting from the reporting of the same. Such errors can be reported by contacting Della Vigna Customer Service in the e-mail box ecommerce@dellavignafirenze.com or by mail to: Della Vigna – Plus Assistance srl, via Ponte alle Mosse, 43 – 50144 Florence (Italy).
Della Vigna is not liable in case of damages, of any nature, deriving from improper use of the product and / or non-compliance with the instructions provided by Della Vigna as producer and in case of damages deriving from the case or from reasons of major force.
Della Vigna will not be liable for losses of revenues, profits, data or any other indirect damage of any nature deriving from or otherwise connected to contracts subject to the General Conditions of Sale.
The responsibility of Della Vigna, in any case, can not be higher than the total value of the purchase order.
In no case will Della Vigna be held liable for the non-fulfillment of any of the obligations deriving from the contracts subject to the General Conditions of Sale in the event that the non-fulfillment is caused by chance and / or force majeure, including, natural disasters, terrorist acts, malfunctions of the internet and / or blackouts.

Suspension of the Service.

Della Vigna reserves the right to temporarily suspend, without any prior communication, the provision of the Services for the time strictly necessary for the technical interventions necessary and / or appropriate to improve the quality of the same.
Della Vigna may, at any time, interrupt the provision of the Service if there are reasons of security or breaches of confidentiality, in this case giving notice to the user.

Contents of the Website and intellectual property rights.

The contents of the site www.dellavignafirenze.com, such as, works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Website, including the menus, web pages, graphics, colors, diagrams, tools, characters and design of the website, diagrams, layouts, methods, processes, functions and the software, are protected by copyright and any other intellectual property rights of Della Vigna and other rights holders. Reproduction, modification, duplication, copying, distribution, sale or otherwise exploitation of the images, the contents of the Site is forbidden unless previously authorized in writing by Della Vigna.
It is also forbidden to use the contents of the Website for commercial and / or advertising purposes.

All the other distinctive signs that distinguish the products sold on the Website are registered trademarks of their respective owners and are used by Della Vigna under license, for the sole purpose of distinguishing, describing and advertising the products for sale on the Website dellavignafirenze.com. Any use of the above-mentioned distinctive signs does not comply with the law and, as unauthorized, is prohibited. It is not allowed in any way to use any distinctive sign on the site www.dellavignafirenze.com to take unfair advantage of the distinctive character or the reputation of these or in a way to be detrimental to themselves and their owners.
Under no circumstances can the user alter, change, modify or adapt the contents of the Site.

Applicable law and competent court

The General Conditions of Sale are governed by Italian law

For any dispute concerning the General Conditions of Sale, the Court of the place indicated by the user as his residence or domicile will be competent, if located in the territory of the Italian State. In all other cases, the territorial jurisdiction is that of the Florence court.

http://ec.europa.eu/consumers/odr/