General sales and conditions for online purchase
Users making use of the services offered by this website declare that they are aware of and accept these Terms and Conditions.
Owner of the website and related services
Owner of the website is www.monasterofratibianchi.it è:
MONASTERO DEI FRATI BIANCHI SOCIETA’ AGRICOLA SRL – hereinafter simply referred to as the Company - located in Località Margine – Monte dei Bianchi no. 10 54013 FIVIZZANO (MS)
VAT number and Tax Code: 01396690453
REA (Economic and Administrative Database) number MS – 137723
Certified e-mail address - PEC: fratibianchisrl@legalmail.it
in the person of its Chief Executive Officer Mr. TAZZARA GIORGIO, born in Casola in Lunigiana (MS) on 02/05/1970, residing in via Volturno no. 69, 54012 Mezzana di Fivizzano (MS).
The owner may be reached at the following email address: shop@monasterofratibianchi.it.
About the website
This website offers an online wine sales service.
1. INTRODUCTION
The present document sets out the contractual Terms and Conditions binding the user and Monastero dei Frati Bianchi Società Agricola srl, manager of the online sales service offered.
The term contract refers to the document represented by these Sales Terms and Conditions and by the order.
The contract is concluded and fulfilled in Italian or in English, depending on the language chosen by the user to navigate the website.
The following are also applicable: The Consumer Code and the e-commerce Regulations and, secondarily, the Civil Code.
Should these Sales Terms and Conditions be modified, the terms and conditions published on the website when the order is sent by the customer shall apply.
2. CUSTOMERS AND ONLINE SHOPPING
Customers-consumers as defined by art. 3, co. 1, lett. a) of the Consumer Code, i.e. natural persons who make purchases for purposes not related to their commercial, craft, business or professional activity, as well as customers-professionals as defined by art. 3, co. 1 lett. c) of the Consumer Code, are entitled to make purchases on this website. The request for invoicing with a VAT number always qualifies the client as a customer-professional Professional buyers,
especially if they fall into the HORECA category, are encouraged to contact the company directly.
A natural person wishing to use the online sales service on this website must be at least eighteen years old.
3. REGISTRATION
Users may register on the site at any time and shall provide true and complete information in the registration form. To this end, users must provide, truthfully and completely, all the data requested in the relevant form and accept the privacy policy in full. Users must fully accept the privacy policy. Users must keep their access credentials confidential.
In order to use the online sales service, it is mandatory to register and create an account. Therefore, the form must be completed, at the latest, during the purchase process.
Neither Monastero dei Frati Bianchi Società Agricola srl nor the Data Controller can be held responsible in the event of loss, disclosure, theft or unauthorised use by third parties, for whatever reason, of customers' access credentials.
4. DATA MODIFICATION, ACCOUNT DELETION AND CLOSURE OF USER ACCOUNTS
Registered customers can change their data at any time, deactivate their accounts, request deletion or stop using the service by contacting the owner directly at the following email address: shop@monasterofratibianchi.it.
The Owner reserves the right to suspend or terminate the user's account at any time and without notice if it deems that:
• The user has infringed the terms and conditions and is in breach of contract;
• The access or use of the service, could harm the Owner or the company, other users or third parties;
• The use of this website by user may prove to be in violation of applicable law or regulations;
• In case of investigations undertaken as a result of legal action or due to public authority involvement;
• The account is deemed by the Owner, in its sole discretion and for any reason whatsoever, to be inappropriate or offensive or in breach of the contract and inconsistent with the Owner's and the Company's standards.
5. CONTENTS AVAILABLE ON THIS WEBSITE
The contents available on this website are protected by Copyright Law and any other international Laws and Treaties on Intellectual Property and, unless otherwise specified, users are permitted to use them only within the limits specified in this clause.
The Owner grants the user, for the entire duration of the contract, a personal, non-transferable and non-exclusive licence, solely for personal and never commercial purposes and exclusively for the device in use by the user to access such contents.
Therefore, unless otherwise formally agreed in writing, the user is not allowed to copy and/or download and/or share, modify, publish, transmit, sell, sublicense, process, transfer/assign to third parties or create any work derived in any way from the contents, including those of third parties, available on this website, nor allow third parties to do so through the user or his/her device, even without his/her knowledge.
6. PURCHASE PROCEDURE
The customer can pick the products to buy from those available on the website and place them in the shopping cart.
In order to complete the order, the customer shall fill in all the fields of the "web order form" in electronic format with the address, delivery and payment method. The customer shall also be required to accept the Privacy Policy and, when placing an order, these Sales Terms and Conditions. Both may be printed or stored on a durable medium.
Before finally confirming the order, the customer must make sure that the products selected and placed in the shopping cart are correct.
Once the order has been confirmed, as sent, it becomes a purchase proposal.
The contract shall be concluded when the Company sends the customer an order confirmation containing summary information on the products ordered, the price, the means of payment used, the shipping method and costs, any additional costs, the Sales Terms and Conditions and the Customer Service contact details.
By logging in to his/her personal page, the customer shall always be able to view his/her current and past orders.
The Company retains full ownership of the products until the price and any costs have been paid in full.
Except in the case of C.O.D. sales, the order is processed once the price, taxes and shipping costs as indicated on the order summary form have been paid in full.
In the event that the contract is terminated due to, for example, incorrect billing information, anomalies in the purchase order or in the means of payment used, the Company, upon timely notification of this to the customer, will refund the price of the sum already paid with the exclusion of any compensation or indemnity to be paid by the Company by crediting the account as it will be notified by the customer. Refunds shall be made within no more than fourteen days from notification to the customer. The Company shall not be held liable for delays in the refund due to the bank or the Paypal or Nexi pay system. In any case, the value date of the re-credited amount shall be the same as that of the debit.
7. PRODUCTS AVAILABILITY
Products descriptions or their availability are subject to change without notice.
If the vintage offered for sale is sold out, the order will be processed with the same product of the next vintage.
The Company will do its best to present the properties of the products with the greatest possible degree of detail on this website within each tab corresponding to the product viewed by the user. However, the images and colours of the products offered for sale on this website may differ from the real ones due to a number of factors including, but not limited to, the user's terminal monitor, photographic filters, etc. Therefore, the user acknowledges and accepts that any such differences shall not be regarded as a lack of conformity of the products.
8. PRICES AND PAYMENT
Prices are in euros and include VAT.
The Company reserves the right to change the prices displayed on the website without prior notice.
The price charged to the customer shall in any case be the price displayed at the time the order is sent, as shown in the order acknowledgement.
The available payment methods are:
• payment by credit card on the Nexi platform;
• payment with PayPal account through PayPal circuit;
• cash on delivery, only for shipments in Italy.
Payments are managed online through the tools offered by Nexi Payments SpA. This Company is responsible for the automatic and safe storage and processing of information about every order, with all the financial information. All the financial informations, including, but not limited, credit card number, expiry date, etc., are directly managed by Nexi Payments SpA, which guarantees the security of online transactions. Monastero dei Frati Bianchi is never aware of the credit card details and is therefore unable to store or retain them in any way. For this reason, it entrusts Nexi Payments SpA with the support of its customers throughout the payment process. The transaction will only be charged to the customer's credit card once the credit card details have been verified and the debit authorisation has been received from the issuer of the credit card used by the customer.
If the customer chooses to pay by PayPal (or credit card with payment handled by PayPal), he/she will be redirected to an external page belonging to the PayPal site where the customer can log in using the login systems managed exclusively by PayPal. All data entered on the PayPal platform will be managed directly by the same and will not be transmitted or shared with the Monastero dei Frati Bianchi, which declines all responsibility for improper use of this payment method. If the order is cancelled and in all the cases of reimbursement of the amount paid, for any reason, the Company shall re-credit the customer's PayPal account. The Company shall not be liable for any delay or omission in crediting the refunded amount related to the management of the PayPal website.
Customers may pay for their purchases in cash by handing over the full amount to the courier upon delivery of the ordered products. The cash payment is possible up to a maximum amount of € 999.00. The courier is not allowed to collect bank or postal cheques. Payment by cash on delivery, as specified in the shopping cart during checkout, shall be charged to the customer.
9. SHIPPING AND DELIVERY
Deliveries will normally be made by courier within 5 or 7 working days from confirmation of the order and payment of the price, according to whether the destination is in Italy or abroad. Delivery is guaranteed, at the latest, on the 30th day following the conclusion of the contract.
As far as possible, the Company shall deliver all the products covered by the order in a single shipment. The Company reserves the right to make - within a maximum of thirty days from the confirmation of the order - staggered deliveries.
Customers may track the goods from their delivery from the supplier to the to the distribution centre until their delivery through a link sent to the email address provided. Delivery is deemed completed when the products are made available to the customer at the address specified in the order.
Upon delivery, which will be carried out at street level, the customer shall verify that each package containing the products is intact, undamaged and that the number of parcels corresponds to the number indicated on the delivery note issued by the forwarding agent. Any claim must be reported immediately and be recorded in writing on the delivery note and countersigned by the carrier.
If, on delivery, customers find that the packaging is clearly damaged, they will accept the delivery with reserve by signing the document handed over by the driver in the box provided for acceptance with reserve. Customers are invited to reject the delivery if damage to the products is visible without opening the packaging. With the reservation with which the customer accepts the delivery of the goods, the reasons and nature must be specified. A general reservation or dispute will not give the customer the right to a refund of the price, replacement of the goods and compensation for damage. Monastero dei Frati Bianchi shall not be held liable for any damage to the products if the damage to the delivery packaging is not promptly notified to the shipper.
The shipment is insured by Monastero dei Frati Bianchi Società Agricola srl to cover the value of the goods.
10. RIGHT OF WITHDRAWAL AND LEGAL GUARANTEE IN CASE OF CUSTOMER-CONSUMER
The customer may withdraw from the contract without penalty and with no need to specify the reason pursuant to Article 52 et seq. of the Consumer Code.
The customer-consumer shall exercise the right of withdrawal by sending the withdrawal form or any other written communication in which he/she expressly declares his/her will to withdraw, within fourteen days following the moment in which the customer-consumer acquires the physical possession of the products in respect of which he/she intends to exercise the right of withdrawal. The withdrawal form or any equivalent communication is to be mailed to shop@monasterofratibianchi.it or by registered letter with acknowledgement of receipt addressed to the Company. The withdrawal communicated by e-mail must in any case be confirmed by the customer-consumer by registered letter with acknowledgement of receipt within the following 48 hours.
The customer-consumer shall send the products in intact and undamaged packaging to the Company, at his or her own care and expense, no later than fourteen days from the day on which the withdrawal was communicated by e-mail or by registered letter with acknowledgement of receipt. Cash on delivery parcels will not be accepted.
The company shall, within fourteen days of being informed of the customer-consumer's decision to withdraw from the contract, credit the customer-consumer with all payments received from the same, including, where applicable, delivery costs (with the exception of additional costs resulting from the customer-consumer's choice of a type of delivery other than the least expensive standard one offered by the Company). Such refunds shall be made using the same means of payment as that used by the customer-consumer for the commercial transaction, unless the customer-consumer has agreed otherwise. In any event, the customer-consumer shall not incur any fees as a result of such reimbursement. The refund may be suspended until receipt of the products by the Company or until the customer-consumer has proved that he/she has sent the products, whichever is earlier.
The customer-consumer benefits from the legal guarantee for defects of conformity of the products pursuant to articles 128-135 of the Consumer Code. In order to benefit from the guarantee, the customer-consumer must keep the invoice received from the Company.
The legal warranty reserved to the customer-consumer covers conformity defects existing at the time of delivery of the products and arising within two years from the delivery of the product. The seller shall not be liable for any damage resulting from the poor storage of the product.
The lack of conformity must be notified by the customer-consumer to the Company by registered letter with acknowledgement of receipt sent to the Company within the deadline of sixty days from the date on which the customer-consumer discovered the lack of conformity. In any case, the action against the Company is time-barred within twenty-six months from delivery of the product. In the event of a lack of conformity, the customer-consumer is entitled to the replacement of the product in accordance with the provisions of Article 130 of the Consumer Code.
Upon receipt of the communication, the Company will contact the customer-consumer to communicate the modalities for the return of the product. The Company will send its own courier to pick up the product at no extra cost to the customer-consumer. Products considered to be defective by the customer-consumer must be returned "almost full", tightly closed to prevent any leakage during transport and with the original caps and/or casings and possibly in the original packaging, complete with all its parts. Empty or half-empty bottles will not be refunded or replaced. Once the product returned by the customer-consumer has been checked, the Company shall replace it and deliver the product, subject to the provisions of Article 130 of the Consumer Code. If, as a result of the checks carried out by the Company, the alleged lack of conformity pursuant to Article 128 et seq. of the Consumer Code is not recognised, the customer-consumer shall be charged for any checking and transport costs incurred by the Company.
If the purchase is made by a customer-professional, in the event of defects and faults, the legal warranties pursuant to Articles 1490 et seq. of the Italian Civil Code shall apply exclusively.
11. APPLICABLE LAW AND COMPETENT JURISDICTION
These Sales Terms and Conditions and the related contracts of sale shall be governed by Italian law. International conventions or other contractual or private international law rules covering the applicable law to the sale of goods or services are excluded.
Any dispute arising from these Sales Terms and Conditions and the sales contracts governed by them shall be submitted to the exclusive jurisdiction of the Court of Massa, subject to the binding rules provided for by the Consumer Code demanding the physical presence of customers-consumers, in which case the mandatory jurisdiction shall be the customer's place of residence".
Owner of the website and related services
Owner of the website is www.monasterofratibianchi.it è:
MONASTERO DEI FRATI BIANCHI SOCIETA’ AGRICOLA SRL – hereinafter simply referred to as the Company - located in Località Margine – Monte dei Bianchi no. 10 54013 FIVIZZANO (MS)
VAT number and Tax Code: 01396690453
REA (Economic and Administrative Database) number MS – 137723
Certified e-mail address - PEC: fratibianchisrl@legalmail.it
in the person of its Chief Executive Officer Mr. TAZZARA GIORGIO, born in Casola in Lunigiana (MS) on 02/05/1970, residing in via Volturno no. 69, 54012 Mezzana di Fivizzano (MS).
The owner may be reached at the following email address: shop@monasterofratibianchi.it.
About the website
This website offers an online wine sales service.
1. INTRODUCTION
The present document sets out the contractual Terms and Conditions binding the user and Monastero dei Frati Bianchi Società Agricola srl, manager of the online sales service offered.
The term contract refers to the document represented by these Sales Terms and Conditions and by the order.
The contract is concluded and fulfilled in Italian or in English, depending on the language chosen by the user to navigate the website.
The following are also applicable: The Consumer Code and the e-commerce Regulations and, secondarily, the Civil Code.
Should these Sales Terms and Conditions be modified, the terms and conditions published on the website when the order is sent by the customer shall apply.
2. CUSTOMERS AND ONLINE SHOPPING
Customers-consumers as defined by art. 3, co. 1, lett. a) of the Consumer Code, i.e. natural persons who make purchases for purposes not related to their commercial, craft, business or professional activity, as well as customers-professionals as defined by art. 3, co. 1 lett. c) of the Consumer Code, are entitled to make purchases on this website. The request for invoicing with a VAT number always qualifies the client as a customer-professional Professional buyers,
especially if they fall into the HORECA category, are encouraged to contact the company directly.
A natural person wishing to use the online sales service on this website must be at least eighteen years old.
3. REGISTRATION
Users may register on the site at any time and shall provide true and complete information in the registration form. To this end, users must provide, truthfully and completely, all the data requested in the relevant form and accept the privacy policy in full. Users must fully accept the privacy policy. Users must keep their access credentials confidential.
In order to use the online sales service, it is mandatory to register and create an account. Therefore, the form must be completed, at the latest, during the purchase process.
Neither Monastero dei Frati Bianchi Società Agricola srl nor the Data Controller can be held responsible in the event of loss, disclosure, theft or unauthorised use by third parties, for whatever reason, of customers' access credentials.
4. DATA MODIFICATION, ACCOUNT DELETION AND CLOSURE OF USER ACCOUNTS
Registered customers can change their data at any time, deactivate their accounts, request deletion or stop using the service by contacting the owner directly at the following email address: shop@monasterofratibianchi.it.
The Owner reserves the right to suspend or terminate the user's account at any time and without notice if it deems that:
• The user has infringed the terms and conditions and is in breach of contract;
• The access or use of the service, could harm the Owner or the company, other users or third parties;
• The use of this website by user may prove to be in violation of applicable law or regulations;
• In case of investigations undertaken as a result of legal action or due to public authority involvement;
• The account is deemed by the Owner, in its sole discretion and for any reason whatsoever, to be inappropriate or offensive or in breach of the contract and inconsistent with the Owner's and the Company's standards.
5. CONTENTS AVAILABLE ON THIS WEBSITE
The contents available on this website are protected by Copyright Law and any other international Laws and Treaties on Intellectual Property and, unless otherwise specified, users are permitted to use them only within the limits specified in this clause.
The Owner grants the user, for the entire duration of the contract, a personal, non-transferable and non-exclusive licence, solely for personal and never commercial purposes and exclusively for the device in use by the user to access such contents.
Therefore, unless otherwise formally agreed in writing, the user is not allowed to copy and/or download and/or share, modify, publish, transmit, sell, sublicense, process, transfer/assign to third parties or create any work derived in any way from the contents, including those of third parties, available on this website, nor allow third parties to do so through the user or his/her device, even without his/her knowledge.
6. PURCHASE PROCEDURE
The customer can pick the products to buy from those available on the website and place them in the shopping cart.
In order to complete the order, the customer shall fill in all the fields of the "web order form" in electronic format with the address, delivery and payment method. The customer shall also be required to accept the Privacy Policy and, when placing an order, these Sales Terms and Conditions. Both may be printed or stored on a durable medium.
Before finally confirming the order, the customer must make sure that the products selected and placed in the shopping cart are correct.
Once the order has been confirmed, as sent, it becomes a purchase proposal.
The contract shall be concluded when the Company sends the customer an order confirmation containing summary information on the products ordered, the price, the means of payment used, the shipping method and costs, any additional costs, the Sales Terms and Conditions and the Customer Service contact details.
By logging in to his/her personal page, the customer shall always be able to view his/her current and past orders.
The Company retains full ownership of the products until the price and any costs have been paid in full.
Except in the case of C.O.D. sales, the order is processed once the price, taxes and shipping costs as indicated on the order summary form have been paid in full.
In the event that the contract is terminated due to, for example, incorrect billing information, anomalies in the purchase order or in the means of payment used, the Company, upon timely notification of this to the customer, will refund the price of the sum already paid with the exclusion of any compensation or indemnity to be paid by the Company by crediting the account as it will be notified by the customer. Refunds shall be made within no more than fourteen days from notification to the customer. The Company shall not be held liable for delays in the refund due to the bank or the Paypal or Nexi pay system. In any case, the value date of the re-credited amount shall be the same as that of the debit.
7. PRODUCTS AVAILABILITY
Products descriptions or their availability are subject to change without notice.
If the vintage offered for sale is sold out, the order will be processed with the same product of the next vintage.
The Company will do its best to present the properties of the products with the greatest possible degree of detail on this website within each tab corresponding to the product viewed by the user. However, the images and colours of the products offered for sale on this website may differ from the real ones due to a number of factors including, but not limited to, the user's terminal monitor, photographic filters, etc. Therefore, the user acknowledges and accepts that any such differences shall not be regarded as a lack of conformity of the products.
8. PRICES AND PAYMENT
Prices are in euros and include VAT.
The Company reserves the right to change the prices displayed on the website without prior notice.
The price charged to the customer shall in any case be the price displayed at the time the order is sent, as shown in the order acknowledgement.
The available payment methods are:
• payment by credit card on the Nexi platform;
• payment with PayPal account through PayPal circuit;
• cash on delivery, only for shipments in Italy.
Payments are managed online through the tools offered by Nexi Payments SpA. This Company is responsible for the automatic and safe storage and processing of information about every order, with all the financial information. All the financial informations, including, but not limited, credit card number, expiry date, etc., are directly managed by Nexi Payments SpA, which guarantees the security of online transactions. Monastero dei Frati Bianchi is never aware of the credit card details and is therefore unable to store or retain them in any way. For this reason, it entrusts Nexi Payments SpA with the support of its customers throughout the payment process. The transaction will only be charged to the customer's credit card once the credit card details have been verified and the debit authorisation has been received from the issuer of the credit card used by the customer.
If the customer chooses to pay by PayPal (or credit card with payment handled by PayPal), he/she will be redirected to an external page belonging to the PayPal site where the customer can log in using the login systems managed exclusively by PayPal. All data entered on the PayPal platform will be managed directly by the same and will not be transmitted or shared with the Monastero dei Frati Bianchi, which declines all responsibility for improper use of this payment method. If the order is cancelled and in all the cases of reimbursement of the amount paid, for any reason, the Company shall re-credit the customer's PayPal account. The Company shall not be liable for any delay or omission in crediting the refunded amount related to the management of the PayPal website.
Customers may pay for their purchases in cash by handing over the full amount to the courier upon delivery of the ordered products. The cash payment is possible up to a maximum amount of € 999.00. The courier is not allowed to collect bank or postal cheques. Payment by cash on delivery, as specified in the shopping cart during checkout, shall be charged to the customer.
9. SHIPPING AND DELIVERY
Deliveries will normally be made by courier within 5 or 7 working days from confirmation of the order and payment of the price, according to whether the destination is in Italy or abroad. Delivery is guaranteed, at the latest, on the 30th day following the conclusion of the contract.
As far as possible, the Company shall deliver all the products covered by the order in a single shipment. The Company reserves the right to make - within a maximum of thirty days from the confirmation of the order - staggered deliveries.
Customers may track the goods from their delivery from the supplier to the to the distribution centre until their delivery through a link sent to the email address provided. Delivery is deemed completed when the products are made available to the customer at the address specified in the order.
Upon delivery, which will be carried out at street level, the customer shall verify that each package containing the products is intact, undamaged and that the number of parcels corresponds to the number indicated on the delivery note issued by the forwarding agent. Any claim must be reported immediately and be recorded in writing on the delivery note and countersigned by the carrier.
If, on delivery, customers find that the packaging is clearly damaged, they will accept the delivery with reserve by signing the document handed over by the driver in the box provided for acceptance with reserve. Customers are invited to reject the delivery if damage to the products is visible without opening the packaging. With the reservation with which the customer accepts the delivery of the goods, the reasons and nature must be specified. A general reservation or dispute will not give the customer the right to a refund of the price, replacement of the goods and compensation for damage. Monastero dei Frati Bianchi shall not be held liable for any damage to the products if the damage to the delivery packaging is not promptly notified to the shipper.
The shipment is insured by Monastero dei Frati Bianchi Società Agricola srl to cover the value of the goods.
10. RIGHT OF WITHDRAWAL AND LEGAL GUARANTEE IN CASE OF CUSTOMER-CONSUMER
The customer may withdraw from the contract without penalty and with no need to specify the reason pursuant to Article 52 et seq. of the Consumer Code.
The customer-consumer shall exercise the right of withdrawal by sending the withdrawal form or any other written communication in which he/she expressly declares his/her will to withdraw, within fourteen days following the moment in which the customer-consumer acquires the physical possession of the products in respect of which he/she intends to exercise the right of withdrawal. The withdrawal form or any equivalent communication is to be mailed to shop@monasterofratibianchi.it or by registered letter with acknowledgement of receipt addressed to the Company. The withdrawal communicated by e-mail must in any case be confirmed by the customer-consumer by registered letter with acknowledgement of receipt within the following 48 hours.
The customer-consumer shall send the products in intact and undamaged packaging to the Company, at his or her own care and expense, no later than fourteen days from the day on which the withdrawal was communicated by e-mail or by registered letter with acknowledgement of receipt. Cash on delivery parcels will not be accepted.
The company shall, within fourteen days of being informed of the customer-consumer's decision to withdraw from the contract, credit the customer-consumer with all payments received from the same, including, where applicable, delivery costs (with the exception of additional costs resulting from the customer-consumer's choice of a type of delivery other than the least expensive standard one offered by the Company). Such refunds shall be made using the same means of payment as that used by the customer-consumer for the commercial transaction, unless the customer-consumer has agreed otherwise. In any event, the customer-consumer shall not incur any fees as a result of such reimbursement. The refund may be suspended until receipt of the products by the Company or until the customer-consumer has proved that he/she has sent the products, whichever is earlier.
The customer-consumer benefits from the legal guarantee for defects of conformity of the products pursuant to articles 128-135 of the Consumer Code. In order to benefit from the guarantee, the customer-consumer must keep the invoice received from the Company.
The legal warranty reserved to the customer-consumer covers conformity defects existing at the time of delivery of the products and arising within two years from the delivery of the product. The seller shall not be liable for any damage resulting from the poor storage of the product.
The lack of conformity must be notified by the customer-consumer to the Company by registered letter with acknowledgement of receipt sent to the Company within the deadline of sixty days from the date on which the customer-consumer discovered the lack of conformity. In any case, the action against the Company is time-barred within twenty-six months from delivery of the product. In the event of a lack of conformity, the customer-consumer is entitled to the replacement of the product in accordance with the provisions of Article 130 of the Consumer Code.
Upon receipt of the communication, the Company will contact the customer-consumer to communicate the modalities for the return of the product. The Company will send its own courier to pick up the product at no extra cost to the customer-consumer. Products considered to be defective by the customer-consumer must be returned "almost full", tightly closed to prevent any leakage during transport and with the original caps and/or casings and possibly in the original packaging, complete with all its parts. Empty or half-empty bottles will not be refunded or replaced. Once the product returned by the customer-consumer has been checked, the Company shall replace it and deliver the product, subject to the provisions of Article 130 of the Consumer Code. If, as a result of the checks carried out by the Company, the alleged lack of conformity pursuant to Article 128 et seq. of the Consumer Code is not recognised, the customer-consumer shall be charged for any checking and transport costs incurred by the Company.
If the purchase is made by a customer-professional, in the event of defects and faults, the legal warranties pursuant to Articles 1490 et seq. of the Italian Civil Code shall apply exclusively.
11. APPLICABLE LAW AND COMPETENT JURISDICTION
These Sales Terms and Conditions and the related contracts of sale shall be governed by Italian law. International conventions or other contractual or private international law rules covering the applicable law to the sale of goods or services are excluded.
Any dispute arising from these Sales Terms and Conditions and the sales contracts governed by them shall be submitted to the exclusive jurisdiction of the Court of Massa, subject to the binding rules provided for by the Consumer Code demanding the physical presence of customers-consumers, in which case the mandatory jurisdiction shall be the customer's place of residence".