Conditions of Sale

These General Terms and Conditions of Sale are written in Italian and govern the offer and sale of products and/or services on the website www.tornatorewine.com (“Site”) as well as, to the extent not provided for herein, the provisions of the Consumer Code and Leg. n. 70/2003 and the Civil Code.
Before proceeding, make sure you have selected “Italy” in the menu dedicated to choosing the country.
For Customers wishing to place orders to and from different Nations, please select their name (if provided) in the “Select your Country” list and consult the relevant terms and conditions of sale (drafted in your language).

The products and/or services purchased on the Site (“Products”) are sold directly by Az. Agricola Francesco Tornatore with registered office in Italy, Via O.M. Tornabene – Catania (CT) P.I. 01072520875 and C.F. TRN FNC 47C 29 C297 Z

Wedia srl operates and maintains the Site on behalf of Az Agricola, Francesco Tornatore with Registered Office in Italy, Via O.M. Tornabene 3 Catania : P.IVA 01072520875 and C.F. TRN FNC 47C 29 C297 Z

PEC: tornatore.francesco@pec.it .

The company Agricola Francesco Tornatore is the exclusive licensee of the brand the company Agricola Francesco Tornatore is the owner of the rights of use on domains, logos, trademarks, copyrights applied to the Site.

The detailed information about the contact details that allows you to quickly contact Az. Agricola Francesco Tornatore and to communicate directly and effectively with it, including for the purpose of requesting information, sending communications, requesting assistance or filing complaints are indicated in the section of the Site: Customer Service.

Scope and navigation on the site

  • The offer and sale on the Site of Products constitutes a distance contract governed by Legislative Decree April 9, 2003, no. 70 containing the regulation of electronic commerce (e-commerce) and by Articles 45 et seq. of Legislative Decree Sept. 6, 2005, no. 206 (“Consumer Code”) and amendments thereafter.
  • The customer is required to carefully read these General Terms and Conditions of Sale, which Az. Agricola Francesco Tornatore makes available to him, in pdf format, at the beginning of this section of the Site, and which he is allowed to store and reproduce, as well as all other information that Az. Agricola Francesco Tornatore provides on the Site, both before and during the purchase process.
  • The applicable General Terms and Conditions of Sale are those in effect on the date of transmission of the purchase order. They can be changed at any time. Any changes and/or new conditions will be in effect from the time they are posted on the Site. Customers are therefore encouraged to regularly access the Site to check for any changes and/or updates to the General Terms and Conditions of Sale.
  • These Terms and Conditions do not govern the sale of products and/or the provision of services by parties other than Az. Agricola Francesco Tornatore that are present on the Site through links, banners or other hyperlinks. Before conducting business transactions with such parties, it is necessary to check their terms of sale. Az. Agricola Francesco Tornatore is not; responsible for the provision of services and/or sale of products by such parties. On Web sites accessed through such links Az. Agricola Francesco Tornatore does not perform any control and/or monitoring. Az. Agricola Francesco Tornatore is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of law by them.
  • These Terms and Conditions are applicable in the following states “Italy” to each of which a specific section of the Site (“Nation”) is associated.
  • The Site allows each customer to browse and, with or without registration, make purchases in any Nation, regardless of the State in which he or she is physically located at the time he or she accesses the Site.
  • When the customer enters the Site, the Site, through, the IP address, recognizes the state from which the customer is accessing. In the case of successive accesses with the same IP address, the last Nation selected in the previous session is proposed. The customer may; however, at any time, change the Country by selecting a different one in the Select your Country section found in the header of each page of the Site.
  • The browsing country is, therefore, either the one chosen by the customer through the appropriate option or, in the absence of choice, the one associated with the state from which the customer is accessing the Site.
  • Changing the Navigation Nation after the start of the purchase process – which coincides with the moment when the customer, places a Product in the shopping cart is allowed, but results in the interruption of the purchase process, the emptying of the shopping cart and the re-addressing of the customer to the home page of the chosen Nation.

Purchases on the site

  • Only those who are 18 years of age or older are allowed to purchase Products on the Site.
  • The purchase of Products on the Site can be made by registering on the Site.
  • Registration on the Site is free. To register for the Site, the customer must fill out the appropriate form.
  • Registration with the Site allows customers to perform the following activities:
    • consult online the status of your order and check the “history” of orders placed (specifically by clicking on the number of each order placed, you can check the complete order detail, including product detail, shipping address, and billing address;
    • Follow shipment tracking directly from the order history;
    • Manage their delivery addresses by speeding up the entry of new orders;
    • Quicker access to after-sales service by entering “online reports” directly from one’s order history;
    • Receive product offers.

In addition, through access to one’s personal area, it is always possible:

  • Manage information related to one’s personal profile (in particular, it is possible to change the password for access to the restricted area);
  • Change shipping or billing address information and/or add new shipping addresses;
  • Change the status of one’s Newsletter subscription.
  • The customer warrants that the personal information provided during the registration process at the Site is complete and true and agrees to keep Az. Agricola Francesco Tornatore indemnified and held harmless from any damages, compensatory obligations and/or penalties arising from and/or in any way related to the customer’s violation of the rules of registration to the Site or on the storage of registration credentials.
  • The Site is for retail sale only. Under no circumstances may resellers, wholesalers, or, in general, anyone who intends to purchase the Products for the purpose of subsequent resale, make purchases from the Site.
  • In case of violation of the prohibitions contained in the current article, Az. Agricola Francesco Tornatore reserves the right to take all actions necessary to bring about the cessation of irregularities, including suspension of access to the Site, cancellation of membership or non-acceptance or cancellation of orders.
  • Az. Agricola Francesco Tornatore is a virtual retailer that builds its commercial offerings not only on the goods in its warehouses, but also on the basis of the availability communicated by its suppliers. The Site is constantly updated automatically in order to ensure maximum correspondence between the availabilities communicated by suppliers and those indicated on the Site.
    However, it may happen, also due to the possibility of several users purchasing the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order. In such a case, without prejudice to the rights attributed to the customer by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, the customer will be promptly informed by e-mail and will then be entitled to terminate the contract immediately, without prejudice to the right to compensation for damages, pursuant to and in accordance with Art. 61, 4th and 5th paragraphs, of the Consumer Code. A customer who has already made payment (see Payment Method section) will be promptly reimbursed the total amount paid, including delivery charges and any other costs incurred, in connection with that order (“Total Amount Due”).
  • See the “Availability of Products” section for more information.

Information directed to the conclusion of the contract

  • In accordance with the Legislative Decree of April 9, 2003, no. 70 bearing provisions on electronic commerce, Az. Agricola Francesco Tornatore informs the customer that:
    • to make a purchase of one or more Products on the Site, the customer must complete an electronic order form and submit it to Az. Agricola Francesco Tornatore, electronically, following the instructions that will appear from time to time on the Site;
    • before proceeding to the transmission of the order form, the customer will be able to identify and correct any errors in data entry by following the instructions from time to time indicated on the Site and that will accompany the different stages of the purchase; it must also accept the General Conditions of Sale;
    • the contract is concluded when the order form reaches Az’s server. Agricola Francesco Tornatore;
    • Once the form Az. Agricola Francesco Tornatore will send to the customer at the e-mail address indicated an e-mail of “Order Registration Confirmation” containing: a summary of the General Conditions of Sale and special conditions applicable to the contract, information relating to the essential characteristics of the product purchased, a detailed indication of the price, the means of payment used, delivery charges and any additional costs as well as information the standard instructions on withdrawal and the standard withdrawal form;
    • The order form will be stored in the Az. database. Agricola Francesco Tornatore for the time necessary for the execution of the same and, in any case, within the terms of the law. To access their order form, customers can follow the procedure defined in the section “Purchase Orders.”
  • The languages available to users for the conclusion of the contract are : Italian, English . Customer Service is able to communicate with customers in Italian and English.

Product availability

  • Within the information sheet for each Product (“Data Sheet”) there will be a special section containing information about the availability of the Product (“Timing” button). In the event that the Product is accompanied by the words “On Request,” the customer may proceed to reserve the Product to be ordered by Az. Agricola Francesco Tornatore on behalf of the customer, who will be notified by e-mail when the Product becomes available.
  • Due to simultaneous purchases on the Site, it is possible, due to technical issues, that the Product, even if accompanied by the words “Immediate Availability” turns out after the transmission of the order, of non-immediate availability In any case of unavailability of the Product ordered, without prejudice to the rights granted to the customer by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, Az. Agricola Francesco Tornatore will notify the customer immediately by e-mail. The customer will then be entitled to immediately terminate the contract, subject to the right to compensation for damages, pursuant to and in accordance with Art. 61, 4th and 5th paragraphs, of the Consumer Code. Termination of the purchase contract under this paragraph shall result in the termination of the credit agreement, ancillary to the purchase contract, if any, entered into by the customer.
  • In the event that the customer makes use of the right of termination under Art. 61, IV and V paragraphs, Consumer Code, and the payment of the Total Amount Due, has already occurred, Az. Agricola Francesco Tornatore will make the refund of the Total Amount Due without undue delay and, in any case, within the term of 14 days from the termination of the contract. The refund amount will be communicated to the customer by e-mail. This amount will be credited to the same means of payment used by the customer for the purchase, in accordance with the provisions of the “Payment Method” section.
  • In the case of orders concerning a plurality of Products (“Multiple Order”), should the unavailability arise concerning only some of the Products covered by the Multiple Order – without prejudice to the rights attributed to the customer by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of the preceding paragraphs, should the unavailability arise concerning all the Products covered by the order – Az. Agricola Francesco Tornatore will notify the customer immediately by e-mail. The customer will, therefore, be entitled to immediately terminate the contract, limited to the Product and/or Products that have become unavailable, without prejudice to the right to compensation for damages, pursuant to and in accordance with the provisions of Art. 61, 4th and 5th paragraphs, of the Consumer Code.
  • In the event that the customer makes use of the right of termination under Art. 61, IV and V paragraph, Consumer Code provided above, the purchase contract having as object the Product(s) and/or the Products included in the Multiple Order and become unavailable shall be partially terminated, limited to such Product(s), resulting in the refund, if already paid, of the amount due in relation to such Product(s), including the delivery costs, calculated as indicated in the section “Terms, expenses and delivery terms” below, and any other additional costs due in specific relation to such Product(s) (“Partial Amount Due”); termination of the entire Multiple Order shall be possible only in the event of clear and proven ancillary nature of the Multiple Order Products that have become unavailable to the other available Multiple Order Products. The Partial Amount Due in respect of the Product(s) that have become unavailable shall be refunded to the customer without undue delay and, in any event, within 14 days after termination of the contract. The refund amount will be communicated to the customer by e-mail. This amount will be credited to the same means of payment used by the customer for the purchase, according to the provisions in the “Payment Method” section.

Product information

  • Each Product is accompanied by a Data Sheet outlining its main features based on information provided by the manufacturers of the goods. Az. Agricola Francesco Tornatore, reserves the right to modify the Technical Data Sheets, without any prior notice.
  • Az. Agricola Francesco Tornatore will do its best to ensure that the images of the Products published on the Site, accompanying the Data Sheet of a Product, represent as faithfully as possible the Products offered for sale. However, the colors of the Products may differ from the actual colors due to the settings of computer systems or computers used by users to view them. In addition, the Product images in the Data Sheet may differ in size or in relation to any accessory products. For the purposes of the purchase contract, the description of the Product contained in the order form submitted by the customer shall be deemed authentic.
  • The Site may, in addition, contain general purchase support information, such as that found in, but not limited to, the Glossary or the Buyer’s Guide. Such information is intended to be merely general informational material, not referable to the actual characteristics of an individual product. For the purposes of the purchase contract, the description of the Product contained in the order form submitted by the customer shall be deemed authentic.
  • Depending on their nature, products may have identification tags attached with disposable seal (e.g., clothing prod.).

Prices

  • All prices published on the Site are in Euros and include VAT (and WEEE contribution where applicable).
  • Customers are advised that due to a variety of factors, including the commercial policy of brand owners, the price of the Products offered for sale on the Site may differ for different countries.
  • Az. Agricola Francesco Tornatore reserves the right to change the price of the Products, at any time and also, if necessary, several times during the same day, it being understood that the price charged to the customer will be the one indicated on the Site at the time the order is placed and that no account will be taken of any changes (upward or downward) subsequent to the transmission of the same.
  • Where, on the Site next to the price of a Product, a Street Price is indicated, the latter indicates the price recommended to the public by the manufacturer through the distribution chain. Some stores or large retailers may sell such a product permanently or on offer at a lower price than indicated on the Site. The percentage shown next to the product, when Street Price is present, is the percentage difference between the Street Price and the selling price of the Product on the Site.

Purchase orders

  • In the “Order Registration Confirmation” e-mail, in addition to the terms of sale, the customer will also find an indication of the ‘Customer Order Number’, which he or she must then use in any subsequent communication with Az. Agricola Francesco Tornatore as well as a summary of all customer data entered in the order. The customer agrees to verify its accuracy and promptly report any corrections through Online Customer Service, which can be contacted by accessing the “Customer Service” of the Site.
  • The customer who made the purchase with registration will be able to access their “Order Summary” and check its status through the section “Order History” of the Site.

    The customer who made the purchase without registration will be able to access their “Order Summary” by following the instructions indicated on the page “Customer Service” or by clicking the order history access link contained in the “Order Registration Confirmation” e-mail.

It is possible to make reports and/or request information, via the “Online Assistance Service.”

  • Az. Agricola Francesco Tornatore reserves the right to refuse orders that come from:
    • by a client with whom it has ongoing legal litigation;
    • by a customer who has previously violated the conditions and/or terms of the purchase agreement with Az. Agricola Francesco Tornatore
    • by a customer who has been involved in fraud of any kind and, in particular, in credit card payment fraud;
    • Az. Agricola Francesco Tornatore also reserves the right to refuse orders from customers who have provided false, incomplete or otherwise inaccurate identification data.

Delivery methods, charges and deadlines

  • Delivery of the Products shall be made in all the states indicated in the introduction to these General Terms and Conditions of Sale to the shipping address indicated by the customer in the order form. Delivery, however, can only be made within the borders of the State associated with the Nation in which the customer is browsing at the time he or she begins the purchase process by adding a Product to the shopping cart.
  • The customer is therefore obligated to enter a shipping address on the order form that is within the borders of the state associated with the Nation of purchase. Orders containing an indication of a shipping address outside these boundaries will be cancelled pursuant to and in accordance with Art. 1456 Civil Code and the total amount due will be refunded, if already paid.
  • Delivery may also not be made to so-called “free zones,” including, but not limited to, Livigno, Campione d’Italia, Ahvenanmaan lääni (FI), Açores, Madeira (PT) Ceuta, Las Palmas, Melilla, Santa Cruz de Tenerife (ES), Channel Islands (GB), nor to post office boxes or post offices. In case the mailing address is at a post office box or post office or at one of the in the locations indicated, Az. Agricola Francesco Tornatore will proceed to terminate the contract pursuant to and in accordance with Art. 1456 Civil Code and a refund of the total amount due, if already paid. If there is any doubt about the destination location, the customer is encouraged to inquire through reporting to be made by accessing the section of the Site: “Online Customer Service.”
  • The delivery obligation is deemed fulfilled by the transfer of material availability or otherwise control of the Products to the customer. The risk of loss or damage to the Products, due to causes not attributable to Az. Agricola Francesco Tornatore, on the other hand, will be transferred to the customer when the customer or a third party designated by the customer and other than the carrier, takes physical possession of the Products.
  • Delivery charges are the responsibility of the customer, unless otherwise stated in the Product Data Sheet. The amount (inclusive of VAT) of such charges, which may vary in relation to the delivery method chosen by the customer, as well as in relation to the destination, number and weight/volume of the Products that the customer decides to purchase will be expressly and separately indicated in relation to the individual Product in the Product Data Sheet and, in any case, before the customer transmits the purchase order. This amount will eventually be reported in the “Order Registration Confirmation” and “Shipping Confirmation” e-mail.
    For delivery of the Products to certain territorial zones, specifically indicated during the purchase procedure, an additional charge (“remote zone shipping fee”) may be required, the exact amount of which will be clearly indicated during the purchase procedure and prior to the transmission of the order.
  • Where applicable, customs charges and duties are the responsibility of the customer, which will not be refunded in the event of termination, for whatever reason, of the purchase contract. In any case, the amount due for non-refundable charges and customs duties in case of termination of the purchase contract will be explicitly stated in the purchase procedure, before the customer transmits the order.
  • In the order summary and, therefore, before the customer proceeds to the transmission of the order, the total price of the order will be indicated, with separate indication of delivery charges and any other additional charges. This total, which will also be indicated to the customer in the “Order Registration Confirmation” e-mail, will constitute the total amount due from the customer in connection with the order. Nothing is owed by the customer in addition to this amount.
    In the event of partial withdrawal from Multiple Orders, the amount of delivery charges to be refunded to the customer will be calculated on the basis of the weight of the Product subject to withdrawal, making a proportional allocation of the delivery charges in relation to each Product that is part of the Multiple Order and returning those attributable to the Product returned. In any case, the amount of delivery charges to be returned shall never exceed the amount actually paid by the user.
    Pursuant to art 14 D.P.R. 445/2000 and DL 52/2004, for each purchase made on the Site, Az. Agricola Francesco Tornatore will issue an Invoice for the material shipped, sending it by e-mail to the holder of the purchase order (attached to e-mail “Shipping Confirmation”).
    The customer will also be able to download a PDF copy of the Invoice, after the purchased product has been delivered, in the “Order History” section.
    For the issuance of the invoice, the information provided by the customer when placing the order through the Site and which the customer warrants to be true shall be authoritative. No changes in the invoice will be possible, after it has been issued.
  • Delivery of what is ordered is intended to be at street level, except:
    • different communication from the
      Customer Service
       Of Az. Agricola Francesco Tornatore;
    • as provided in the Product Data Sheet;
    • The purchase of floor delivery service, where applicable.
  • The purchase of “Additional Delivery Services” is possible. The list of the “Additional Delivery Services” available in relation to the individual Product, their detailed description as well as the exact indication of their cost (in Euros and VAT included) will be provided in the Product Data Sheet or during the purchase process being often the availability and cost of the service related to the destination of the goods. In the event that the right of withdrawal is exercised, all delivery costs, including those related to “Additional Delivery Services” that may have been purchased by the customer, will be returned to the customer, while costs for any “Additional Services” other than “Additional Delivery Services” that may have been purchased by the customer will not be returned.
    In the event that “home floor” delivery proves impossible due to lack of stair and door size requirements specified in the Product Data Sheet or communicated by the
    Customer Service
     Of Az. Agricola Francesco Tornatore, the Courier will deliver the Product to the street level. In case of customer refusal Az. Agricola Francesco Tornatore will still charge delivery costs.
  • It is recommended that the customer check at the time of delivery:
    • That the number of packages being delivered corresponds to what is indicated in the transport document anticipated by e-mail;
    • That the packaging is undamaged, undamaged, not wet or otherwise altered;
    • That the sealing materials (adhesive tape or plastic strapping) have not been tampered with in any way.
  • We also invite the customer in its interest to report any damage to the packaging or the mismatch in the number of packages by affixing “WRITTEN CONTROL RESERVE” and specifying the reason for the reserve (e.g., “punctured packaging,” “crushed packaging,” etc.) on the courier’s proof of delivery.
    Receipt without reservation of the Products, in fact, does not allow the customer to take legal action against the courier in the event of loss or damage to the Products, except where the loss or damage is due to the courier’s own willful misconduct or gross negligence and except for partial loss or damage not recognizable at the time of delivery. In the latter case, however, the damage must be reported as soon as it is known and no later than eight days after receipt. This is without prejudice, in any case, to the application of the rules on the right of withdrawal and the legal guarantee of conformity.
  • The customer is required to report any special features related to the place of delivery of the Product and/or its location. In the event that you fail to provide such directions or provide incorrect directions, you will be responsible for any additional expenses that Az. Agricola Francesco Tornatore must endure to complete the delivery of the Product.
  • The customer acknowledges that taking back the Product is his or her specific obligation under the purchase contract. In case of non-delivery due to the absence of the recipient at the address specified in the order form, after two unsuccessful delivery attempts, the package will go “into storage.” In the event of failure to collect the Product within five working days from the day after the day on which the courier left the notice of passage, the contract shall be deemed terminated and the purchase order consequently cancelled pursuant to Art. 1456 c.c. Resolved the contract, Az. Agricola Francesco Tornatore will proceed to refund the total amount paid by the customer, if any, minus the costs of the unsuccessful delivery of the Product, the costs of returning it to Az. Agricola Francesco Tornatore and any other expenses incurred by it because of the day following the day on which the courier left the notice of passage. The termination of the contract and the amount of the refund will be communicated to the customer by e-mail.
  • No purchases may be made on the Site by those who have not picked up the shipment more than twice whatever delivery or payment method was chosen. In the event that such parties place orders in violation of this provision, the purchase agreement may be deemed to be terminated as of right pursuant to and for the purposes of Art. 1456 c.c. The termination of the contract will be communicated to the customer by e-mail.
  • The take-back of a used WEEE (Waste Electrical and Electronic Equipment) product involves the online purchase of a new item of equivalent type. The Data Sheet indicates whether the Product is subject to WEEE, and via links accessible from that page, all information is provided about how free pickup is provided and how the customer can request such pickup. In reminding you of the possibility to dispose of your used WEEE product at local ecological islands or collection points, Az. Agricola Francesco Tornatore offers, in compliance with the provisions of Ministerial Decree 65/2010 art. 1 paragraph 1, to private users only, the free pick-up service, on a one-for-one basis, of the old electrical or electronic equipment (defined as WEEE), which will be carried out from 15 to 30 days after the day of delivery of the new Product. The used WEEE product will be picked up by the assigned courier not at the home but on the street level. To request this service, the customer, within one business day after placing the order, must contact Customer Service by phone or Online Customer Service by accessing the “Customer Service” Of the Site. In the event that the customer purchases the “Premium” service, the most favorable conditions provided by that service will apply to the pickup of a used WEEE product, instead of those set forth in this paragraph.
  • delivery terms will be indicated during the purchase process, before the customer transmits the order; they run from the date of transmission of the order, unless otherwise specified.
    In the case of Multiple Orders, all Products included in the Multiple Order will be delivered simultaneously; the delivery term, in such case, will be the longer of the delivery terms of each Product included in the Multiple Order, as indicated in the relevant Data Sheet or during the purchase process, before the customer transmits the order. The delivery time for the specific order (single or multiple) will also be indicated in the Order Registration Confirmation e-mail.
    In the case of failure to indicate the delivery period, it will be made in any case, within thirty days from the date of conclusion of the contract
    To resolve some logistical or other problems that may arise regarding delivery, it may be necessary to contact the customer.
    In any case, at the time Az. Agricola Francesco Tornatore entrusts the shipment to the courier, the customer is notified by a text message and a “Shipping Confirmation” e-mail. This e-mail contains all details in relation to the delivery: list of Products shipped, amount due, specific forms of payment accepted by the Courier in charge of delivery, Tracking number of the shipment linked to the courier’s website (if available).
  • In the event that the purchased Product is not delivered or is delivered later than the delivery terms indicated during the purchase process and in the Order Registration Confirmation e-mail, the customer, pursuant to Art. 61 of the Consumer Code, invites Az. Agricola Francesco Tornatore to make the delivery within an additional term appropriate to the circumstances (“Additional Term ex art. 61, III paragraph, Consumer Code”). If such Additional Term expires without the Products having been delivered to him, the customer is entitled to terminate the contract (“Termination of Contract ex. art. 61, III paragraph, Consumer Code”), subject to the right to compensation for damages. The customer is not burdened to grant Az. Agricola Francesco Tornatore the Supplementary Term ex art. 61, III paragraph, Consumer Code (“Excluded Cases”) if:
    • Az. Agricola Francesco Tornatore expressly refused to deliver the Products;
    • compliance with the delivery deadline indicated during the purchase process and in the “Order Registration Confirmation” e-mail should be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;
    • the customer informed Az. Agricola Francesco Tornatore, prior to the conclusion of the contract, that delivery by a certain date is essential.

In the Excluded Cases, the customer, if he/she does not receive the Products within the delivery period indicated during the purchase process and in the “Order Registration Confirmation,” is entitled to immediately terminate the contract, subject to the right to compensation for damages (“Termination of the Contract in the Excluded Cases”). The indication of the Additional Term pursuant to Article 61, III, Consumer Code and the notice of Termination of the Contract pursuant to Article 61, III, Consumer Code or Termination of the Contract in Excluded Cases must be communicated by the customer to Az. Agricola Francesco Tornatore at the ‘Customer Service email address. In the case of Contract Termination under Article 61, III paragraph, Consumer Code or Termination in Excluded Cases, Az. Agricola Francesco Tornatore will refund the customer the Total Amount Due without undue delay. Reimbursement will be made in the manner indicated in the “Payment Method” section, to the extent applicable. In the event that the customer does not proceed to the establishment of the Additional Term pursuant to Article 61, III, Consumer Code or, if the conditions are met, to the Termination of the Contract pursuant to Article 61, III, Consumer Code or the Termination of the Contract in the Excluded Cases, Az. Agricola Francesco Tornatore, without prejudice to the possibility for the customer to avail himself at any time of these remedies and/or the ordinary means of protection made available by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, undertakes, in any case, to:

  • Give timely notice to the customer by e-mail of the delay in delivery, at the same time indicating the new delivery date, if available, which must be accepted by the customer by e-mail;
  • in the event of delivery with a delay of 10 days or more, recognize to the customer who requests it the reimbursement of the delivery costs and any other costs, including for “Additional Delivery Services” or other services purchased by the same, immediately and in any case within 10 days of the request, or, alternatively, recognize to the customer a discount voucher equal to the value of the delivery costs paid by the customer expendable on the Site within 3 months.

Methods of payment

Payment for Products purchased on the Site may be made by the payment methods described in the following paragraphs. Some payment methods may not be usable due to the type of Product purchased and/or the delivery or shipping method. The methods of payment actually available to the customer in relation to the individual Product will be specifically indicated during the purchase process.

  • CREDIT CARD
    • Payment for Products purchased on the Site can be made by credit card directly through the Site. Credit cards accepted by Az. Agricola Francesco Tornatore will be specifically indicated on the payment method page. An additional fee may be charged for payment by some credit cards. The request for this contribution and the exact amount thereof will, if due, be clearly and specifically stated on the page of the choice of payment method during the purchase procedure and in the Data Sheet.
    • In the case of payment by credit card, simultaneously with the conclusion of the contract, the issuer of the relevant card will authorize only the commitment of the amount related to the purchase made (“Authorization”). The Total Amount Due in connection with the Product purchased will not actually be charged to the customer’s credit card until the day after the Product purchased is shipped, even partially. However, in the case of Product with “On Request” availability, i.e., for other types of availability other than immediate availability, Az. Agricola Francesco Tornatore reserves the right to make the charge before shipment in order not to let the Authorization expire.
    • In all cases of contract termination and subsequent cancellation of the order before the customer’s credit card is actually charged, Az. Agricola Francesco Tornatore will request the issuer of the reference card to release the committed amount through banking systems. Release times depend solely on the credit card issuer and, for some types of cards, can extend to their natural expiration date, which is normally 24 days from the date of Authorization.
      Once you request the reference card issuer to release the committed amount, under no circumstances Az. Agricola Francesco Tornatore may be held liable for any damages, direct or indirect, caused by the delay in the release and/or failure of the banking system to release the committed amount.
    • If, subsequent to the actual debiting of the Total Amount Due from the customer’s credit card, termination of the contract occurs, resulting in cancellation of the order, Az. Agricola Francesco Tornatore will re-credit the Total Amount Due without undue delay and, in any case, within 14 days from the termination of the contract.
    • In order to ensure the security of payments made on the Site and prevent possible fraud, Az. Agricola Francesco Tornatore reserves the right to ask the customer for additional information (e.g. landline phone number, or front/back copy of valid ID card via email or fax).
      The request email will specify the deadline by which the document must be received by Az. Agricola Francesco Tornatore. This period shall, in any case, not exceed 4 working days from the receipt of the request by the customer. Pending the required document, the order will be suspended.
      In the case of a request, the customer is required to send the required documents within the specified time. In case Az. Agricola Francesco Tornatore does not receive such documents within the specified time or receives expired or invalid documents, the contract will be considered terminated pursuant to and for the purposes of Art. 1456 c.c. and the order consequently cancelled, subject to the right of Az. Agricola Francesco Tornatore to compensation for any damage it may have incurred as a result of the customer’s non-compliant behavior. The termination of the contract, of which the customer will be notified by e-mail, no later than 4 working days after the deadline for sending the documents required by Az. Agricola Francesco Tornatore, will result in the cancellation of the order and the refund of any Total Due amount already paid by the customer.
      In case Az. Agricola Francesco Tornatore receives the required documentation within the specified time limit, the delivery terms applicable to the Product, shall run from the date of receipt of the documentation.
    • At no time during the purchase process Az. Agricola Francesco Tornatore is able to know the customer’s credit card information, transmitted, via secure connection, directly to the card issuer’s site. No computer records of Az. Agricola Francesco Tornatore retains such data, except, limited to the data relating to the card holder, the case referred to in the preceding paragraph.
  • PAYPAL
    • Payment for Products purchased on the Site may be made through the PayPal payment solution, subject to the terms and conditions agreed between the customer and PayPal. In the case of payment by PayPal, the amount related to the purchase made will be charged by PayPal immediately, at the same time as the conclusion of the contract.
    • In all cases of termination of the contract and subsequent cancellation of the order, the Total Amount Due will be concurrently credited back to the customer’s PayPal account. The method of crediting back to the payment instrument linked to the PayPal account depends solely on PayPal. Once the re-credit of the amount related to the purchase made to the PayPal account is made, under no circumstances Az. Agricola Francesco Tornatore can be held liable for any damages, direct or indirect, caused by delays in the actual re-credit attributable to PayPal or the banking system.
    • In order to ensure the security of payments made on the Site and prevent possible fraud, Az. Agricola Francesco Tornatore reserves the right to ask the customer for additional information (e.g. landline phone number, or front/back copy of valid ID card via email or fax).
      The request email will specify the deadline by which the document must be received by Az. Agricola Francesco Tornatore. This time limit will not, in any case, exceed 4 days.
      Pending receipt of the requested document, the order will be suspended.
      In the case of a request, the customer is required to send the required documents within the specified time. In case Az. Agricola Francesco Tornatore does not receive such documents in the term specified in the e-mail request or receives expired or invalid documents the contract will be considered terminated by right pursuant to and for the purposes of art. 1456 c.c., and the order consequently cancelled, subject to the right of Az. Agricola Francesco Tornatore to compensation for any damage it may have incurred as a result of the customer’s non-compliant behavior. The termination of the contract, of which the customer will be notified by e-mail, no later than 4 days after the deadline for sending the documents required by Az. Agricola Francesco Tornatore, will result in the cancellation of the order and a refund of the amount.
      In case Az. Agricola Francesco Tornatore receives the required documentation within the specified time limit, the delivery terms applicable to the Product shall run from the date of receipt of the documentation.
    • Data entered on the PayPal site will be processed directly by it and will not be transmitted or shared with Az. Agricola Francesco Tornatore. Az. Agricola Francesco Tornatore is therefore unable to know and does not store in any way the data of the credit card linked to the customer’s PayPal account or the data of any other payment instrument connected with that account.

Right of withdrawal

  • Pursuant to Articles 52 et seq. of the Consumer Code, the customer who holds the quality of consumer has the right to withdraw from the contract of purchase of the Product without incurring costs other than the direct costs of returning the goods, as provided in this section and without having to provide any reason, within the period of fourteen calendar days (“Withdrawal Period”). The Withdrawal Period expires after 14 days:
    • in the case of an order for a single Product, from the day on which the customer or a third party other than the carrier and designated by the customer acquires physical possession of the Products;
    • in the case of a Multiple Order with separate deliveries, from the day the customer or a third party, other than the carrier and designated by the customer, acquires physical possession of the last Product;
    • in the case of an order for delivery of a Product consisting of multiple lots or pieces, from the day on which the customer or a third party other than the carrier and designated by the customer acquires physical possession of the last lot or piece.
  • To exercise the right of withdrawal, the customer must inform Az. Agricola Francesco Tornatore, before the expiration of the Withdrawal Period, of his decision to withdraw. To this end, the customer may:
    • (a) use the Online Reporting system set up by Az. Agricola Francesco Tornatore within the historical orders (“Online Declaration of Withdrawal”);
      the Online Declaration of Withdrawal, which must be transmitted within the period of 14 days from receipt of the Product, is activated by selecting from the proposed menu the item “Exercise of the Right of Withdrawal”, directly in the “Order Summary” accessible through the “Order History” section (for the customer who placed the order as a Registered customer). A customer who placed an order without registering can access their “Order Summary” by following the instructions in the “Customer Service” section.
      Following the submission of the Online Declaration of Withdrawal, Az. Agricola Francesco Tornatore will promptly communicate to the customer a confirmation of receipt of the Online Declaration of Withdrawal by e-mail, with the relevant time references (date/time of receipt);
    • (b) submit any other explicit statement of its decision to withdraw from the contract (“Withdrawal Statement”). The Declaration of Withdrawal should be sent to the following addresses: by fax to Az. Agricola Francesco Tornatore, or by registered mail to Az. Agricola Francesco Tornatore s.r.l., Az. Agricola Francesco Tornatore. In the event that the customer avails himself of the Declaration of Withdrawal, he is requested to indicate in the Declaration of Withdrawal the order number, the Product(s) for which he intends to exercise the right of withdrawal and his address.
  • The customer has exercised his or her right of withdrawal within the Withdrawal Period if the Declaration of Withdrawal is sent by the consumer before the expiration of the Withdrawal Period. Since the burden of proof regarding the exercise of the right of withdrawal before the expiration of the Withdrawal Period is on the customer, it is in the customer’s interest to make use of a durable medium when communicating to Az. Agricola Francesco Tornatore its withdrawal.
  • The Product, properly packed and protected, shall be shipped to Az. Agricola Francesco Tornatore without undue delay and in any event within the period of 14 calendar days from the date on which the customer notified Az. Agricola Francesco Tornatore its decision to withdraw. The deadline is met if the customer ships the Product before the expiration of the 14-day period.
  • The Model Instructions on Withdrawal, containing information on exercising the right of withdrawal, are made available to the customer on the Site prior to the conclusion of the contract, via the “Right of Withdrawal” link and attached to the Order Registration Confirmation e-mail.
  • The customer shall be liable only for diminution in the value of the goods resulting from handling the Product other than what is necessary to establish the nature, characteristics, and operation of the Product. The customer must arrange to return the Product to Az. Agricola Francesco Tornatore using a carrier of your choice. The direct costs of returning the Product shall be borne by the customer. In the case of goods that by their nature cannot normally be returned by mail, the Standard Instructions on Withdrawal will indicate the estimated maximum cost of returning such Products, identified by type. The Model Instructions on Withdrawal, containing information on the exercise of the right of withdrawal, are made available to the customer on the Site prior to the conclusion of the contract, via the “Right of Withdrawal” link, which can also be accessed from the Product Data Sheet and attached to the Order Registration Confirmation e-mail. For the purpose of returning the Product within the period of 14 calendar days from the date the customer notified Az. Agricola Francesco Tornatore its decision to withdraw, the customer may use, at its option and without prejudice to the right to follow the return procedure provided for in the preceding paragraph, the alternative procedure of return by courier indicated by Az. Agricola Francesco Tornatore. In that case, the customer should use the pre-filled label that Az. Agricola Francesco Tornatore emailed him after he communicated his withdrawal. The label should be attached to the package containing the Product that the customer intends to return, taking care that it covers the shipping label with which the package was delivered to the customer. The user may then contact the courier company designated by Az. Agricola Francesco Tornatore via email with relevant phone number and any call charges, to book the pickup of the package and agree on the pickup date and location. Shipping takes place under the responsibility of Az. Agricola Francesco Tornatore, but the direct costs of returning the Product to Az. Agricola Francesco Tornatore are borne by the user; these costs will be equal to those incurred by the customer to receive delivery of the Product and will be directly retained by Az. Agricola Francesco Tornatore from the amount that will be refunded to you as a result of the exercise of withdrawal, in accordance with the following paragraph.
  • If the customer withdraws from the contract, Az. Agricola Francesco Tornatore shall proceed to refund the amounts paid by the customer for the Product, including delivery costs and the costs of any “Additional Delivery Services” purchased by the customer, excluding the amount paid for any purchase of “Additional Services” other than delivery, without undue delay and in any case no later than 14 calendar days from the day on which Az. Agricola Francesco Tornatore was informed of the customer’s decision to withdraw from the contract. Where applicable and explicitly indicated during the purchase process, customs charges and duties are to be borne by the customer, which will not be refunded if the right of withdrawal is exercised. According to the provisions of Art. 56, III paragraph of the Consumer Code, Az. Agricola Francesco Tornatore may suspend the refund until receipt of the Products or until the customer demonstrates that he/she has shipped the Products, whichever is earlier, except in the case where the customer avails himself/herself of the mode of return by courier, referred to in the preceding paragraph.
  • Without prejudice to the above provisions in relation to the reimbursement of the costs of returning the Product for the case in which the customer makes use of the mode of return by courier referred to in the preceding paragraph, the reimbursement will take place through the transfer procedure of the transaction using the same means of payment chosen by the customer at the time of the order, excluding those means of payment (such as cash on delivery) where this is not possible and for which it will be clearly indicated on the page of choice of mode; of payment. In the latter case, it will be the customer’s responsibility to promptly provide in writing (e.g. even in the same notice of withdrawal), the bank details on which to obtain the refund to enable Az. Agricola Francesco Tornatore the making of the reimbursement. If there is no correspondence between the recipient of the products indicated in the order form and the person who made the payment of the sums due for their purchase, the refund of the sums, if the right of withdrawal is exercised, will be carried out by Az. Agricola Francesco Tornatore, in each case, against the person who made the payment.
  • In the event that, recurring one of the assumptions of the law, the right of withdrawal does not apply, this exclusion will be given specific and express notice in the Product Data Sheet and, in any case, during the purchase process, before the customer proceeds to the transmission of the order.
  • In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation and, in particular, in the event that the Product is not intact in every part and / or accompanied by its accessories and / or elements that are an integral part of it , it will not result in the termination of the contract and, consequently, will not entitle the customer to a refund of the amount paid by the customer for the Product. Az. Agricola Francesco Tornatore will notify the customer by e-mail within 5 working days of receipt of the Product, rejecting the request for withdrawal. The Product, if it has already reached Az. Agricola Francesco Tornatore, will remain at the same at the customer’s disposal for collection, which must take place at the customer’s expense and responsibility.
  • In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from manipulation of the good, the refund amount will be reduced by an amount equal to this decrease in value. Of the circumstance and the resulting decreased reimbursement amount Az. Agricola Francesco Tornatore will notify the customer, by e-mail, within 5 working days of receipt of the Product, providing the same, if the refund has already been paid, the bank details for the payment of the amount due by the customer due to the decrease in value of the Product.

Legal guarantee of conformity

  • All products sold on the Site are covered by the Legal Guarantee of Conformity’ provided for in Articles 128-135 of Legislative Decree no. 206/2005 (“Consumer Code”) (“Legal Warranty”).
  • TO WHOM IT APPLIES: The Legal Guarantee is reserved for consumers. It, therefore, applies, only to Customers who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
  • WHEN IT APPLES: The seller (and, therefore, with respect to purchases made on the Site, Az. Agricola Francesco Tornatore is liable to the consumer for any lack of conformity that exists at the time of delivery of the product and that becomes apparent within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date it was discovered.
    Unless proven otherwise, defects of conformity arising within six months after delivery of the products are presumed to have existed on that date, unless such a presumption is inconsistent with the nature of the product or the nature of the defect of conformity. From the seventh month after delivery of the product, however, it will be the consumer’s burden to prove that the conformity defect existed when the product was delivered.
  • To be eligible for the Legal Warranty, the Customer must then first provide proof of the date of purchase and delivery of the goods. It is appropriate, therefore, that the Customer, for the purpose of such proof, keep the purchase invoice, which Az. Agricola Francesco Tornatore sends him by e-mail in PDF format as well as the DDT or any other document that can attest to the date the purchase was made (for example, credit card statement or bank statement).
  • WHAT IS CONFORMITY DEFECT: A conformity defect occurs when the purchased good:
    • Is not suitable for the use for which goods of the same type are customarily used;
    • does not conform to the description made by the seller and does not possess the qualities of the good that the seller has presented to the consumer as a sample or model;
    • does not present the usual qualities and performance of a good of the same type, which the consumer can reasonably expect, taking into account also the statements made in advertising or labeling;
    • is unsuitable for the particular use intended by the consumer and which has been brought to the knowledge of the seller by the consumer at the time of the conclusion of the contract and which the seller has accepted.
  • Therefore, any failures or malfunctions caused by accidental events or by the Customer’s responsibility or by use of the product not in accordance with its intended use and/or with what is provided in the technical documentation attached to the product are excluded from the scope of the Legal Warranty.
  • REMEDIES AT CUSTOMER’S DISPOSITION:In the event of a conformity defect duly reported within the terms, the Customer shall have the right:
    • in the first instance, to the repair or replacement of the property free of charge, at its option, unless the remedy sought is objectively impossible or excessively burdensome compared to the other;
    • on a secondary basis (i.e., in cases where repair or replacement is impossible or excessively costly, or where repair or replacement has not been carried out within a reasonable period of time, or where repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or termination of the contract, at the consumer’s option.

The remedy sought is unduly burdensome if it imposes unreasonable expenses on the seller in comparison with alternative remedies that can be pursued, taking into account:

  • Of the value the good would have if there were no conformity defect;
  • Of the extent of the conformity defect;
  • of whether the alternative remedy can be pursued without significant inconvenience to the consumer.
  • WHAT TO DO IN THE PRESENCE OF A CONFORMITY DEFECT: In the event that a product purchased on the Site, during the period of validity of the Legal Warranty, manifests what could be a conformity defect, the Customer must send to Az. Agricola Francesco Tornatore appropriate communication, using the Online Assistance Service from within their “Order Summary” accessible through the “Order History” section (those who have placed the order without registration, will be able to access their “Order Summary”, through the instructions contained in the “Customer Service” section).
    Az. Agricola Francesco Tornatore reserves the right to ask the Customer to attach to the request the purchase invoice and/or the DDT or other document that proves the date the purchase was made. Customer Service will promptly acknowledge the Customer’s communication and indicate what next steps he or she should take.

Conventional manufacturer’s warranty

  • Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (“Conventional Warranty”). The Customer can enforce this warranty only against the manufacturer. The duration, extension, including territorial extension, conditions and modalities of use, types of damages/defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer and are indicated in the so-called warranty certificate contained in the product packaging.
    The Conventional Warranty is voluntary in nature and does not add to, replace, limit, impair or exclude the Legal Warranty.

Additional support services for a fee

No additional support services are provided.

Customer service and complaints

It is possible to request information, send communications, request assistance or file complaints by contacting Az. Agricola Francesco Tornatore, or through the Site by accessing the “Online Customer Service” section. Az. Agricola Francesco Tornatore will respond to complaints by e-mail or mail within a maximum of 5 working days.

Applicable law

  • The purchase contract concluded on the Site is governed by Italian law.
  • It is without prejudice to the application to consumer customers who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for the return of the Products, in case of exercise of this right, the procedures and formalities for the communication thereof and the legal guarantee of conformity.
  • Any dispute relating to the application, execution and interpretation of these General Conditions of Sale shall be settled by the court of the place where the customer resides or has elected domicile, if the latter is a consumer, as defined by the Consumer Code.
  • The customer who resides in a member state of the European Union other than Italy may, in addition, have access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims, by Regulation (EC) no. 861/2007 of the Council, July 11, 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulation is available at
    www.eur-lex.europa.eu
    .