This document contains the general conditions of sale and online payment through the site www.macinatico.com (the “Site”) owned and managed by Società Agricola Macinatico dei f.lli Massi ss, with registered office in Località San Benedetto 56, San Gimignano (Siena), Fiscal Code 82003960521, VAT number 00300220522.
These general conditions (the “General Conditions”), except for any exceptions which must be specifically agreed in writing, govern the relations between Società Agricola Macinatico dei f.lli Massi s.s. and the customer, private or professional (the “Customer”).
Conclusion of the Contract
1. All items offered on the Site are offered “subject to confirmation”. The contract entered into between Società Agricola Macinatico dei f.lli Massi s.s. and the Customer must be considered concluded with the acceptance, even if only partial, of the order by Società Agricola Macinatico dei f.lli Massi s.s. and, in any case, subject to successful completion of the related payment. This acceptance is considered tacit, with the delivery of the products, unless otherwise communicated in any way (for example by e-mail) to the Customer. By completing the order online, the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept the General Conditions listed below.
2. Once the online purchase procedure has been completed, the Customer will print or save an electronic copy and in any case keep these General Conditions, in compliance with the provisions of articles 52 and 53 of Legislative Decree 6 September 2005, n. 206 (“Legislative Decree no. 206/2005”).
Method of purchase
3. The Customer can only purchase the products online in the electronic catalog published on the Site and available at the time the order is placed and as described in the relevant information sheets that can be viewed there. It is understood that the measurements, weights and dimensions indicated in the information sheet are approximate values and that the image accompanying the descriptive sheet of a product may not be perfectly representative of its characteristics but may differ in colour, size, products, accessories present in figure. All purchase support information is to be understood as simple generic information material, not referable to the real characteristics of a single product.
4. The receipt of the order is confirmed by Società Agricola Macinatico dei f.lli Massi s.s. by means of an e-mail reply, sent to the e-mail address communicated by the Customer at the time of placing the order. This confirmation message will contain the date and time of receipt of the order and a ‘Customer Order Number’, to be used in any further communication with Società Agricola Macinatico dei f.lli Massi s.s. . The message will contain a summary of the order placed and all the data entered by the Customer. The Customer undertakes to verify its correctness and to promptly communicate any corrections, according to the methods described in the message itself. In any case, this message does not represent any acceptance of the legally binding order, reserving Società Agricola Macinatico dei f.lli Massi s.s. to partially accept or refuse the order even after sending the message. However, this message is not a valid document for tax purposes (the invoice will then be sent by Società Agricola Macinatico dei f.lli Massi s.s. ).
5. In the event that, for any reason, Società Agricola Macinatico dei f.lli Massi s.s. could not fulfill the Customer’s order, the latter will be promptly notified by email.
Corresponding
6. The consideration for the purchase of the products on the Site is that from time to time made known to the Customer directly by Società Agricola Macinatico dei f.lli Massi s.s. through the Site itself and summarized in its total amount in the cart. The payment of the consideration can be made by the Customer according to one of the methods indicated below.
Terms of payment
For purchases made on the Site, advance payment is always required, to be made by credit card or bank transfer.
7. Credit Card
7.1 Payment for the Products purchased on the Site is made by Credit Card.
All payments that are made on the Site take place in a context of confidentiality and encryption thanks to the SSL protocol.
In the case of payment by credit card, by clicking on the “Confirm” button at the time of order transmission, the validity of the card will be verified and the absence of any blocks will be ascertained. Payment will be debited from the Customer’s account at the time of the order. Macinatico Agricultural Society of the Massi brothers s.s. does not have access to and does not store the credit card data used by the Customer to pay for the Products. The Customer will therefore be asked to enter this data for each purchase.
The Customer, choosing a Credit Card as a means of payment, will be redirected to the site www.nexi.it, where he will make the payment according to the procedure established and regulated by Nexi.
The data entered on the Nexi website will be processed directly by the same and will not be transmitted to or shared with Società Agricola Macinatico dei f.lli Massi s.s. . In the event of termination of the contract and in any other case of reimbursement, for any reason, the amount paid to Società Agricola Macinatico dei f.lli Massi s.s. will be credited by the same to the Customer’s account at Nexi. Once the credit order has been placed in favor of this account, Società Agricola Macinatico dei f.lli Massi s.s. cannot be held responsible for any delays or omissions in crediting the refunded amount, to dispute which the Customer must contact Nexi directly.
7.2 In the event of withdrawal by the consumer Customer or non-acceptance of the order by Società Agricola Macinatico dei f.lli Massi s.s. , will be requested at the same time by Società Agricola Macinatico dei f.lli Massi s.s. the cancellation of the transaction and the release of the committed amount. The release times, for some types of cards, depend exclusively on the banking system and can reach their natural expiry (24th day from the authorization date).
7.3 Macinatico agricultural company dei f.lli Massi s.s. reserves the right to ask the Customer, by e-mail, to send, by fax or post, by registered letter with acknowledgment of receipt, a front/back copy of a valid identity card and/or a document proving the residential address. The deadline within which the document must reach Società Agricola Macinatico dei f.lli Massi s.s. will be specified in the request e-mail. This term will not, in any case, exceed six working days. Pending receipt of the requested document, the order will be suspended. In the event of a request, the Customer is required to send the requested documents within the indicated deadline.
7.4 In the event that Società Agricola Macinatico dei f.lli Massi s.s. does not receive such documents within the term specified in the request e-mail or does it receive expired or invalid documents, the contract will be considered automatically terminated pursuant to and for the purposes of art. 1456 of the Civil Code, and the order consequently cancelled, except for the right of Società Agricola Macinatico dei f.lli Massi s.s. to compensation for any damage it may incur due to the non-compliant behavior of the Customer. The termination of the contract, of which the Customer will be notified by e-mail, no later than 6 days from the expiry of the deadline for sending the documents requested by Società Agricola Macinatico dei f.lli Massi s.s. will result in the cancellation of the order.
7.5 At no time during the purchase procedure is Società Agricola Macinatico dei f.lli Massi s.s. is able to know the information relating to the buyer’s credit card, transmitted via secure connection directly to the website of the bank that manages the transaction. No computer archive of Società Agricola Macinatico dei f.lli Massi s.s. will keep this data. In no case Società Agricola Macinatico dei f.lli Massi s.s. can therefore be held responsible for any fraudulent and illegal use of credit cards by third parties, upon payment for products purchased on the Site.
7.6 Finally, for the payment of the fee by the Customer by credit card, Società Agricola Macinatico dei f.lli Massi s.s. cannot be held responsible for the outcome of the transaction which depends exclusively on the third party supplier of the online payment service used from time to time, and which, in any case, will be chosen from among the best-known operators in the sector at a national level.
7.7 The Customer acknowledges that the forwarding of the purchase order and payment of the consideration takes place via electronic communication networks and services whose correct functioning is extraneous to the sphere of Società Agricola Macinatico dei f.lli Massi s.s.
7.8 In compliance with the laws in force regarding the purchase of wines and spirits and in consideration of its commercial policy, Società Agricola Macinatico dei f.lli Massi s.s. reserves the right not to process orders from subjects other than the “consumer” in accordance with its commercial policy and in compliance with the age limits established by law both for the purchase and for the delivery of wine and spirits. Macinatico Agricultural Society of the Massi brothers s.s. does not sell wine and spirits to persons under 18 years of age. Through the use of our site www.macinatico.com, the Customer guarantees that he is over 18 years of age and that the person who will receive the shipment from www.macinatico.com will also be over 18 years of age.
7.9 If any item presented on the site is no longer available or on sale at the time the order form is sent, it will be the responsibility of Società Agricola Macinatico dei f.lli Massi s.s. communicate to the Customer promptly and in any case within thirty (30) days, starting from the day following that of the transmission of the order to Società Agricola Macinatico dei f.lli Massi s.s. the possible unavailability of the product. In the event that the Customer has already submitted the order form and paid the price, Società Agricola Macinatico dei f.lli Massi s.s. will in the first instance suggest to the Customer one or more possible alternatives, of commercial value equal to or greater than the order, which can satisfy the Customer, vice versa Società Agricola Macinatico dei f.lli Massi s.s. will refund the amount already anticipated by the Customer.
8. Bank transfer
8.1 It is also possible to pay the order by bank transfer, using the following coordinates:
Società Agricola Macinatico dei f.lli Massi s.s.
Banca Cambiano 1884 spa – San Gimignano branch
IBAN : IT42L0842572000000048142541
BicSwift: CRACIT33XXX
8.2 The customer is requested to insert, in the reason for the transfer, the number and date of the order placed for better management and, if possible, to send a copy of the payment authorization issued by his bank to the following email address: company@macinatico. com.
Delivery methods and costs
9. Only orders with delivery in the Italian territory will be accepted and can be processed directly. Delivery to disadvantaged locations and islands indicated by the courier used will provide for a supplement of €20 per 100Kg.
10. For each order placed on the Site, Società Agricola Macinatico dei f.lli Massi s.s. issues an invoice/tax receipt for the material shipped to the holder of the order, pursuant to art. 14 Presidential Decree 445/2000. For the issuance of the invoice/tax receipt, the information provided by the Customer in the order form shall prevail. Once the invoice/tax receipt has been issued, it will not be possible to make any changes to the data entered therein.
11. Delivery costs are charged to the Customer and are clearly explained on the Site and in the text of the order.
The payment of the products purchased online by the Customer will take place using the method chosen when placing the order. Nothing more is owed by the Customer than the total order shown at the end of the purchase procedure.
11.1 Società Agricola Macinatico dei f.lli Massi s.s. reserves the right to split shipments. Delivery costs are, in any case, calculated with reference to a single shipment.
12. No responsibility can be attributed to Società Agricola Macinatico dei f.lli Massi s.s. in case of delay in fulfilling the order or in delivering what was ordered.
13. The contractual performance of Società Agricola Macinatico dei f.lli Massi s.s. towards the Customer is considered fulfilled in the place where the products purchased by the latter are delivered to the courier.
The delivery by the courier of what is ordered is understood to be at the customer’s street level unless otherwise communicated by the customer service.
Upon delivery of the purchased product by the courier, the Customer is required to check:
– that the number of packages delivered corresponds to what is indicated in the transport document sent in advance by e-mail;
– that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials (adhesive tape or metal strapping).
Any damage to the packaging and/or the product or the mismatch in the number of packages or indications must be immediately notified, subject to WRITTEN CONTROL RESERVE (SPECIFYING THE REASON FOR THE RESERVE, e.g. “laundry packaging”, “crushed packaging” , etc.) on the courier’s proof of delivery. Once the courier’s document has been signed, the Customer will not be able to make any objection regarding the external characteristics of what has been delivered.
Any problems relating to the physical integrity, correspondence or completeness of the products received must be reported within 2 months of the relative discovery, according to the procedures set out in this document.
14. In the event of failure to collect the product in storage at the courier’s warehouses within 5 working days due to repeated inability to deliver to the address indicated by the Customer at the time of the order, the order will be returned to the Company’s warehouses Agricola Macinatico dei f.lli Massi s.s.
The costs for storage are specified below, always charged to the Customer:
· File for opening stock file: € 10.00 for L.V.
· Storage: for all national services, the costs of storage are charged to the Customer, on the 4th day of storage a Minimum Parking of € 30.00 will be applied, from the 5th day of storage onwards a daily storage rate of €45 per day for L.V.
· Return costs: 90% of the fare.
To be confirmed with the shipper-
Customer’s right of withdrawal
15. Pursuant to art. 64 of Legislative Decree no. 206/2005, the Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except as indicated in the following articles.
16. To exercise this right, the Customer must send Società Agricola Macinatico dei f.lli Massi s.s. a communication to that effect, within 10 working days from the date of receipt of the products. This communication must be sent by registered letter with return receipt, addressed to
Società Agricola Macinatico dei f.lli Massi s.s.
Location San Benedetto 56, San Gimignano (SI)
Email macinatico@pec.it
Telephone: +393286169636
or anticipated by telegram, email sent within the aforementioned 10-day term and followed by a confirmation by registered letter with return receipt, sent STRICTLY within the following 48 hours. Once the aforementioned notice of withdrawal has been received, the instructions on the return method will be quickly communicated to the Customer, assigning, if necessary, a unique RMA code for the return of the product/s, which must reach Società Agricola Macinatico of the .lli Massi s.s. within 10 days of authorisation. For this purpose, the date of delivery to the post office or the forwarding agent will be considered.
The purchased good must be returned intact, unused, complete with all its parts and in the original packaging (including packaging and any documentation and accessory equipment: cap, capsule, label, etc.). insert the products to be returned in the package and a sheet indicating your name, surname, address and order number. To limit damage to the original packaging, it is recommended to place it in a second box, on which to write the RMA number (return authorization code); the affixing of labels or adhesive tapes directly on the original packaging of the product should be avoided in all cases.
The shipping costs relating to the return of the goods are charged to the Customer; moreover, delivery costs to the customer and any other ancillary costs highlighted at the time of placing the order will not be reimbursed.
The shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the Customer. Returned products must be sent to Società Agricola Macinatico dei f.lli Massi s.s. in one shipment. Macinatico Agricultural Society of the Massi brothers s.s. reserves the right not to accept bottles or products from the same order, returned and shipped at different times;
17. The right of withdrawal is in any case subject to the following conditions:
– applies to the product purchased in its entirety;
– it is not possible to exercise withdrawal only on one or more parts of the purchased product.
In case of damage to the goods during transport, Società Agricola Macinatico dei f.lli Massi s.s. will notify the Customer of the incident (within 5 working days of receiving the goods in its warehouses), to allow him to promptly file a complaint against the courier chosen by him and obtain reimbursement of the value of the goods (if insured); in this case, the product will be made available to the customer for its return, simultaneously canceling the request for withdrawal.
Società Agricola Macinatico dei f.lli Massi s.s. is not liable in any way for damage or theft/loss of goods returned by uninsured shipments.
Upon its arrival at the warehouse, the product will be examined to assess any damage or tampering not caused by transport. If the original package and/or packaging are damaged, Società Agricola Macinatico dei f.lli Massi s.s. will deduct from the refund due a percentage, in any case not exceeding 10% of the same, as a contribution to the recovery costs.
18. Without prejudice to any repair costs for ascertained damage to the original packaging, Società Agricola Macinatico dei f.lli Massi s.s. will refund the customer the amount already paid for the purchase of the goods, within 30 days of his return, by transferring the amount charged to the credit card or by bank transfer. In the latter case, it will be the customer’s responsibility to promptly provide the bank details on which to obtain the refund (Cod. ABI – CAB – IBAN – Current account number and bank of support of the holder of the invoice/tax receipt).
19. The right of withdrawal is lost entirely, due to lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where Società Agricola Macinatico dei f.lli Massi s.s. make sure:
– even partial use of the asset and any consumables;
– the lack of the external packaging and/or the original internal packaging;
– the absence of integral elements of the product;
– damage to the product for reasons other than its transport.
In the event of forfeiture of the right of withdrawal, the goods will remain at the headquarters of Società Agricola Macinatico dei f.lli Massi s.s. available to the Customer for collection at his expense for 30 calendar days.
Complaints
20. Any complaint must be addressed to:
Società Agricola Macinatico dei f.lli Massi s.s.
Location San Benedetto 56, San Gimignano (Siena)
Email [macinatico@pec.it]
Limitation of Liability
21. Società Agricola Macinatico dei f.lli Massi s.s. assumes no responsibility and will therefore not be required to pay any compensation in relation to any damages, of any nature, direct or indirect, incidental or consequential, suffered by the Customer due to improper use of the product purchased.
Applicable Law and Jurisdiction
22. These General Conditions are governed exclusively by Italian law.
For any dispute relating to the application, execution or interpretation of these General Conditions of Sale, the Court of Siena is competent.