Terms and conditions of use

GENERAL TERMS AND CONDITIONS OF SALE

1.Introduction and acceptance of the General Terms and Conditions

These general terms and conditions (hereinafter also “ General Terms and Conditions “) govern the offer by the Podere 1925 S.r.l. (hereinafter also “ PODERE 1925 “) of products on www.podere1925.it and www.podere1925.com (henceforth also “ website. “). The General Conditions must be accepted by the User when registering on the Site in order to take advantage of the offers made therein and to proceed with the purchase of products. PODERE 1925 reserves the right to change all or part of the General Conditions at any time, notifying Users through the Site with at least 30 days’ notice, if the way in which the products and services offered are used is changed. Users are therefore required to consult this page periodically so that they are always informed about the conditions applied. It is understood that use of the Site subsequent to such changes implies tacit acceptance of those changes.

2 Conclusion of Contract

To conclude the purchase contract, you will need to fill out the form electronically and submit it following the relevant instructions.

It contains a reference to the General Terms and Conditions of Sale, images of each product and its price, the means of payment that can be used, the mode of delivery of the purchased products and the related shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal, and the manner and timing of returning the purchased products.

Before concluding the contract, you will be asked to confirm that you have read the General Terms and Conditions of Sale including the notice on the right of withdrawal and processing of personal data.

The contract is concluded when the seller receives the completed form from the user.

When the contract is concluded, the seller takes over the order for fulfillment.

Individuals with a VAT number who wish to receive a purchase invoice must request it at the time of ordering and before the order is completed.

3.Ownership of the Site – Type of offerings

The Site is owned by the PODERE 1925 S.r.l., with registered office in Naples, Italy, at Piazza Margherita no. 6 – 80145, C.F. and P.IVA08429561213, Business Register NA- 957449. The products on the Site are sold by PODERE 1925 directly. Products can be sold either through a permanent catalog or through “flash-deal” formulas, or promotions where product availability is subject to quantity and/or time limits. The product offerings are related to the categories spirits (wines and sparkling wines) . Following a purchase transaction, PODERE 1925 will issue an order confirmation to the User.

4. Site Registration

The Site is intended only for end consumers who are 18 years of age or older . Navigation and use of the services offered within the Site are made accessible after a registration procedure. Registration is free. Users registering for the Site will need to provide some personal information and follow all the steps from the procedure (henceforth also “ Registration Complete “). At the time of Full registration, the User will be asked to choose one Username and a Password, which the user agrees not to give even temporarily to third parties and to keep with due care, diligence, and secrecy under its own responsibility, constituting these credentials the only means to identify the User and to validate its accesses to the offers. The User is therefore informed that all acts performed through the use of said credentials, will be attributed to him and will be binding on him. The User is required to immediately inform PODERE 1925 of any unauthorized or improper use of its access credentials or to report any violations by third parties. Where PODERE 1925 finds violations may at its own discretion inhibit access, permanently delete the information contained therein or refuse the opening of new Accounts by the same User.At any time the User may update and/or modify or request deletion of the information released during Registration. In case of a request for deletion however PODERE 1925 may temporarily retain, in whole or in part, such information, for the sole purpose of executing any purchases made and/or being able to conclude accounting and tax procedures.Full Registration is required in order to proceed with the purchase of products and to access summary information regarding the activities performed by the User on the site (also “ Account “).A Partial Registration to the Site (hereinafter also “ Partial Registration “), by entering only the user’s email address. Partial Registration only allows the user to receive the newsletter, and not also to proceed to purchase products and/or services, or otherwise carry out other transactions on the Site.

5.Conditions of the offer

PODERE 1925 Does not sell alcohol to individuals who are under 18 years of age . By submitting orders, the consumer guarantees that the ordering party and, if different, the recipient of the goods are both over the age of 18. Prices are quoted in euros and include VAT. . The shipping costs of the goods are of variable amount, calculated according to the mode of shipment (classic or insured) to be selected by the user before the conclusion of the order, the weight, the number of items selected and/or the destination address of the goods. Shipping costs may also be included in the sale price of some items or be free of charge if the total amount of the order exceeds a certain value or as a result of a specific promotion. However, the User is always informed of the amount of shipping costs before completing the purchase process and making the payment.The images accompanying the information sheets of a product or offer may not be perfectly representative of its characteristics but differ in color, size, and accessory products featured in the picture. All information supporting the purchase is intended as mere generic information material, therefore not referable to the actual characteristics of an individual offer.The validity of offers may be subject to quantity or time limitations, after which, they may no longer be available. The validity date and/or available quantity of the offers are shown on the Site in such a way that the User can become aware of them. PODERE 1925 may change the duration or quantity of an offer at any time at its discretion, provided that it will follow up on orders placed during the term of a given offer. In some cases it is possible for the availability of an asset to end at a time after purchase: in these cases PODERE 1925 , if the conditions are met, will refund the User.

6.Purchase procedure and payment method

Having acknowledged the conditions of the offer, the User may finalize the purchase by following the procedure on the Site.Before the purchase is finalized, a summary will be displayed showing the cost of the selected good(s), shipping costs and the total amount. Once the purchase is finalized, the User must proceed with the payment, which will be made against PODERE 1925 .Following the successful completion of the payment, the User will receive a confirmation email containing information about the purchase. The email will also contain a reference to these General Terms and Conditions. The confirmation will contain a summary of the delivery and billing address. The goods are shipped within the time specified in the order confirmation. Delivery times are also indicated before completing the purchase process in the shopping cart summary or on the product page. This information is indicative and does not represent a certain date, as it is not always possible to foresee possible delays due to the courier responsible for delivery to the Customer or other causes due to third parties or force majeure not attributable to PODERE 1925 . In the case of timed(flash-deal) offers, goods may be shipped to the User after the offer expires. In the absence of the confirmation email, the purchase cannot be considered validly concluded. In such a case, should the amount of the missed purchase be erroneously charged to the User, the User will be required to promptly notify PODERE 1925, by sending an email to sales@podere1925.it, in order to allow PODERE 1925 to verify the incident and in case to proceed to refund the amount paid.The accepted methods of payment, unless otherwise specified or agreed with the User, are: PostePay, Pay Pal, bank transfer. PODERE 1925 may, in some or all cases and at its total discretion, offer the alternative mode of payment by means of mark (cash on delivery of the goods).Unless otherwise specified in the terms of the offer, the amounts due will be charged upon confirmation of payment. In the case of bank transfer, when confirming the order, the bank details (IBAN), the amount of the transfer and the order number will be indicated. Payment by bank transfer must be made within the terms that may be specified, but no later than 2 days after order confirmation, a deadline beyond which it may not be possible to guarantee the fulfillment of the goods: in this case PODERE 1925 will re-credit the sender, at no additional cost and by bank transfer, any payment received after the deadline. If the User realizes that he/she has provided incorrect and/or incomplete information about his/her personal details or the shipping address of the goods, he/she must notify us promptly and within the order fulfillment deadlines by sending an email to sales@podere1925.it. In all cases, the User is solely responsible for any incorrect and/or incomplete generalities or delivery address, resulting in the possibility of loss of the amount paid if the goods are delivered to strangers.

7.Voucher

PODERE 1925 can issue discount codes (henceforth also “ Voucher “) that the User can use when purchasing products. The Vouchers are issued in the form of an alphanumeric code and their value (in euros or discount as a percentage of the total) is established unquestionably and at its sole discretion by PODERE 1925 . The Voucher may be entered by the User in the appropriate “Voucher/Coupon/Discount Code” field when completing the order on the checkout (payment) page. The Voucher thus entered will be deducted automatically, and prior to payment, from the total order amount excluding any shipping charges. Percentage discount vouchers are not applied to products already on promotion. Vouchers are generally usable by the user for a limited period of time, after which they will no longer be usable. The Voucher may be subject to a minimum spending amount below which its use will not be possible. Unless otherwise specified, the Voucher is personal and tied to the User’s Account and may be used for a single purchase, after which it will be automatically invalidated. Vouchers cannot be combined. Vouchers may not be sold, assigned and/or transferred to third parties except with the express permission of PODERE 1925 . PODERE 1925 reserves the right to cancel any Voucher previously issued, even before its expiration date, without having to justify the reason and without the right to indemnity or compensation. PODERE 1925 may also issue Vouchers to Users who invite acquaintances, friends and family members to view the offers on the Site and register on it. To carry out this procedure, the Site provides some features such as “Recommend to a friend,” “Send email of an offer,” “Share on Facebook,” “Twitter,” other social networks etc. For each new invitee who purchases a bid within a specified time period, PODERE 1925 may award the User a Voucher, of a value determined from time to time at the discretion of PODERE 1925 , to be used on their Account for a subsequent purchase. PODERE 1925 reserves the right to delete Vouchers issued to users who misuse them, without prior notice and without the right to indemnity or compensation.

8.Shipping and delivery

PODERE 1925 accepts orders with delivery exclusively within the Italian territory, including islands, with the exception of San Marino, Vatican City. The shipping costs of the goods are of variable amount, calculated according to the mode of shipment (classic or insured) to be selected by the user before the conclusion of the order, the weight, the number of items selected and/or the destination address of the goods. For bulky parcels or for particular value of the goods transported, a packaging fee may be required, the amount of which varies from the product to be delivered and, in any case, is transparently indicated in the electronic pages that allow the completion of the purchase. Shipping costs may also be included in the sale price of some items or be free of charge if the total amount of the order exceeds a certain value or as a result of a specific promotion. The shipment of the good will take place within the maximum time that may be indicated in the conditions of the offer and, for time offers(flash-deals), may run from the end of the offer. The goods are shipped within the time specified in the order confirmation. Delivery times can also be indicated before completing the purchase process in the shopping cart summary or on the product page. This information is indicative and does not represent a certain date, as it is not always possible to foresee possible delays due to the courier company in charge of delivery to the Customer. In any case PODERE 1925 , unless otherwise specified on the product sheet, undertakes to ship the goods within 10 working days from the date of the order. For orders not exceeding € 200.00 concluded with electronic payment, on average, delivery takes 48/72 hours . Orders over €200.00 require a company approval step and therefore cannot guarantee the 72-hour delivery time. In the event that these terms cannot be met, Podere 1925 undertakes to notify the Customer by indicating the date on which the goods can be delivered. In the remote event that the goods become unavailable for any reason after receipt of the order, a refund of any payment received will be issued, without charge to the User. The User may be informed by email when the product is shipped from PODERE 1925 . The User will be notified, if available, of the name of the courier and the tracking code of the shipment (Waybill or “Tracking”), through which it will be possible to follow its status. This information, if available, will also be visible within the User Account. It is not possible to guarantee an exact delivery date or time as this depends on the courier, the destination address, and the delivery party. PODERE 1925 therefore cannot be held liable for any direct or indirect consequences arising from these timelines. Delivery of what has been ordered is intended, unless otherwise specified during the purchasing process, at street level.In the case of shipment of bottles, PODERE 1925 uses packaging designed to ensure product integrity. In any case, upon delivery of the goods by the courier, the user will be required to verify that the packaging is intact, undamaged, or otherwise altered, even in the sealing materials (adhesive tape or strapping) or that there is no leakage of liquid. Any damage to the packaging and/or the product must be immediately challenged by the User by placing a written control reservation (and specifying the reason for the reservation, e.g., “Punctured packaging,” “Crushed packaging,” etc.) on the courier’s delivery document. Once this document has been signed, the User will not be able to make any disputes about the characteristics of what has been delivered. Any problems with the physical integrity, correspondence or completeness of the products received must be reported within 3 days of delivery by emailing sales@podere1925.it or indicated in the order confirmation and within the User Account. In case of non-delivery of the goods within the specified time, the User will be required to give notice to PODERE 1925 , which will check directly with the courier, the status of the shipment and any anomaly. As a result of a shipping anomaly (e.g. package lost or destroyed in transit), PODERE 1925 will resend the product, subject to the availability of the same in stock, without further expense or aggravation for the user, or, refund the order in full.

9 WITHDRAWAL.

The User who requests a service for purposes unrelated to his or her professional activity has the right to withdraw from the purchase contract concluded with PODERE 1925 without penalty and without having to provide any reason, within 14 working days pursuant to and in accordance with Art. 52 paragraph 1 of the Consumer Code, which run from the day of receipt of the product purchased on PODERE 1925. Withdrawal may be exercised by the Customer, pursuant to Art. 54 paragraph 1 Consumer Code, using the withdrawal form in Annex I, Part B of the Consumer Code or by sending an explicit statement of the decision to withdraw from the contract, to be sent by registered mail with return receipt or by email to sales@podere1925.it The a/r letter or email must contain the indication of the product and the order number. The burden of proof regarding the proper exercise of the right of withdrawal, in accordance with the above procedure, shall be on the User.Following the proper exercise of the right of withdrawal, unless PODERE 1925 do not collect the property directly, the User shall have the burden of returning the property without undue delay and in any event within 14 days from the date the User has notified PODERE 1925 its decision to withdraw from the contract under Art. 54, c. 4. The User must affix a document containing the order reference number to the packaging. The User is advised to include a copy of this document inside the packaging as well, in order to avoid its loss or inability to identify the return once it reaches the warehouse. The related costs of shipping the goods will be borne by the User, unless PODERE 1925 has not informed the same in this regard upon conclusion of the contract, in accordance with Article 57 paragraph 1 of the Consumer Code.The goods must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all their parts, accompanied by all accessories and explanatory leaflets, identification tags and original labels, where present, still attached to the goods and intact and not tampered with, as well as perfectly suitable for the use for which they are intended and free of signs of wear or dirt.As provided for in Article 57 paragraph 2 of the Consumer Code, the User is responsible for any decrease in value resulting from handling the goods other than what is necessary to establish the nature, characteristics and functioning of the goods. In such a case PODERE 1925, upon written notice to be sent to the User within 5 working days of receipt of the good, may reduce the amount of the refund by reason of such decrease in value, providing the same, if the refund has already been paid, the bank details for payment of the amount due by the User due to the decrease in value of the good. Pursuant to Art. 59 of the aforementioned Consumer Code are excluded from the possibility of withdrawal goods that are custom-made or personalized or which, by their nature, cannot be returned or are subject to rapid alteration or deterioration.

10.Right of Withdrawal Exceptions

It is in any case understood that, with reference to the provision of services, the right of withdrawal cannot be exercised by the User after the complete supply of the products by PODERE 1925 if the provision itself is initiated with the express agreement of the User and the User has agreed to forfeit the right of withdrawal following the full performance of the service by PODERE 1925.In any case, according to Art. 59 of the Consumer Code, custom-made or personalized goods are excluded from the possibility of withdrawal.

11.Refunds

The possible disbursement of the sums by way of reimbursement by PODERE 1925, if due, will take place in accordance with Article 56 paragraph 1 Consumer Code as soon as possible, and in any case no later than 14 days from the date on which the event giving rise to the reimbursement occurred and in the case of withdrawal, from the day on which it became aware of the relevant exercise by the User. PODERE 1925 will execute the refund using the same means of payment used by the User for the initial transaction, unless expressly agreed otherwise with the User and provided that the User does not incur any costs as a consequence of using the different means of payment. If the User has expressly chosen a different type of delivery that involves higher delivery costs than those associated with the standard delivery offered by PODERE 1925 (“Additional Costs”), the latter shall not be required to reimburse the related Additional Costs. It is understood that, except in cases where PODERE 1925 Has decided to collect the goods directly, PODERE 1925 may withhold the refund until it has received the goods or until the User has demonstrated that it has returned the goods, whichever situation occurs first.

12.Responsibilities of PODERE 1925

PODERE 1925 shall not be liable for damages that may result from the use of the Site such as computer viruses, omissions, service interruptions and software failures, including to the User’s computer equipment, that prevent or delay the provision of services if these are due to external causes, force majeure and/or third parties beyond the control of the owner. PODERE 1925 will only be responsible for any defects or discrepancies found in the Sale. In any case PODERE 1925 shall in no event be held liable for delays or defects or discrepancies dependent on events beyond its reasonable control such as, but not limited to: (i) force majeure events; (ii) events dependent on the acts of third parties such as the interruption or malfunction of telecommunications operators’ services and/or power lines, or acts or omissions by carriers or shippers.

13.Industrial and intellectual property

PODERE 1925 is the owner of all rights relating to the graphic and conceptual content of the Site, as well as to the distinctive own signs made visible therein. it is therefore forbidden to reproduce, even partially, the content and graphics of the Site, as well as the distinctive signs made visible in the same. PODERE 1925 is also the owner of the technological platform for managing the Site.

14.Privacy

Personal data are collected and processed in order to fulfill the User’s requests. PODERE 1925 guarantees its users that it operates in compliance with the regulations on the processing of personal data, governed by the Privacy Code set forth in Legislative Decree. n. 196/2003. The privacy policy is to be considered an integral and substantive part of these General Terms and Conditions and can be accessed in the Privacy section of the Site or from the link http://www.podere1925.it/privacy The owner of the data processing is. PODERE 1925. Any complaints should therefore be addressed to: PODERE 1925 s.r.l., Margaret Square no. 6 – 80145 Naples, email sales@podere1925.it.Upon Registration, the User may be asked to consent to receive commercial information, including by sending newsletters. If so, the user will be free to give consent or not.

15.Cookies

For the proper functioning of the Site, the use of Cookies is necessary. Cookies are used to derive information about the terminals, operating system, IP address and type of browser in use, in order to offer the User a better browsing experience. This is generally statistical data, which does not contain sensitive information. you can deny the use of Cookies by activating the option to disable them on your browser or device.More information about cookies is available at the link http://www.podere1925.it/shop/content/2-note-legali

18.Conciliation procedure. Applicable Law and Jurisdiction

These General Conditions shall be governed in all respects by Italian law.For any dispute concerning the interpretation, execution and/or termination of the contract between the user and PODERE 1925, the Parties acknowledge that the Court of the place of residence or domicile of the User shall have jurisdiction, if the User is to be considered a “consumer” under the relevant laws in force. If, on the other hand, the User is a professional, the Court of Naples will have jurisdiction.