General Provisions

These General Terms and Conditions of Sale apply to all current and future contracts of sale concluded through the website enotech.group (hereinafter “SITE”) between the company ENOTECH WINE SERVICE SAS, with registered office in

Julius Shepherd Street, 3a
60027 Osimo Stazione – AN – Italy

Tax code/VAT number: 02442600421, Tel. +39 071 781 781, E-mail: info@enotech.biz (hereinafter referred to as “SELLER”) and any natural or legal person who, in the exercise of his or her entrepreneurial, commercial, handicraft or professional activity, makes online purchases on the SITE (hereinafter referred to as “CUSTOMER”).

The CUSTOMER is urged to read these Terms and Conditions carefully before proceeding with the transmission of any purchase order.

ARTICLE 1 – DEFINITIONS

1. For the purposes of these General Terms and Conditions of Sale, the following terms (whether declined in the singular or plural) must be given the following meanings:

• CUSTOMER/CUSTOMERS: the user who purchases PRODUCTS on the SITE as a “Professional” as such meaning the natural person or legal entity acting in the exercise of the entrepreneurial, commercial, handicraft or professional activity carried out by the same, if any;
• GENERAL CONDITIONS: these General Terms and Conditions of Sale;
• PARTIES: joint indication of the CLIENT and the SELLER;
• PRODUCT(S): the full range of products available and offered for sale on SITE;
• SITE: the enotech.group website owned by the Seller;
• SELLER: the company ENOTECH WINE SERVICE SAS, with registered office at Via Giulio Pastore, 3a.
  60027 Osimo Stazione – AN – Italy, Tax Code/VAT Code: 02442600421, Tel. +39 071 781 781, E-mail: info@enotech.biz.

ARTICLE 2 – SCOPE OF APPLICATION

2.1 The GENERAL CONDITIONS shall apply to all current and future contracts for the sale of PRODUCTS concluded between SELLER and CUSTOMERS by means of accessing the SITE and placing a purchase order in accordance with the procedure provided by the SITE.

2.2 The CUSTOMER agrees to read the GENERAL CONDITIONS carefully before transmitting its purchase order on the SITE in accordance with the provisions of Article 4 below. The CUSTOMER, by submitting his/her purchase order, acknowledges that he/she has read, understood and accepted the GENERAL CONDITIONS without limitation or reservation and agrees to print and retain a copy thereof.

2.3 The GENERAL CONDITIONS do not govern the sale of products and/or provision of services by parties other than SELLER present on SITE through links, banners, or other hypertext links, with respect to whose actions SELLER assumes no responsibility.

2.4 The GENERAL CONDITIONS may be subject to change by SELLER at any time. Any changes will become effective upon their publication on the SITE.

2.5 Purchases made by the CUSTOMER on the SITE are governed by the general terms and conditions of sale in effect on the date the CUSTOMER sends the purchase order. The SELLER therefore recommends that the CUSTOMER read the general terms and conditions carefully whenever he/she intends to make a new purchase.

ARTICLE 3 – PRODUCT INFORMATION

3.1 The CUSTOMER, prior to the conclusion of the purchase contract, is required to examine the essential characteristics of the PRODUCTS that the SELLER undertakes to indicate in special information sheets available on the SITE.

3.2 Any images placed on SITE accompanying the PRODUCTS are for illustrative purposes only. Therefore, SELLER shall not be held liable for any non-substantial differences (including, but not limited to, relating to color or packaging) found between the images of the PRODUCTS on SITE and the PRODUCTS purchased by CUSTOMER.

3.3 Unless expressly stated otherwise on the SITE, the PRODUCTS sold through the SITE are new and comply with current European legislation and regulations applicable in Italy.

ARTICLE 4 – PRODUCT ORDERING PROCEDURE

4.1 To place an order, the CUSTOMER is required to follow the procedure described below (also available on the SITE in English)

4.2 The CUSTOMER who intends to make a purchase on the SITE must select for each PRODUCT the size and quantity they wish to purchase and place the PRODUCTS within the “Shopping Cart” by clicking on the “Add to Cart” icon. The contents of the Shopping Cart may be modified by CUSTOMER, adding or removing one or more PRODUCTS, up to the time of placing the order (Art. 4.5) by clicking on the “Remove” icon.

4.3 Once the PRODUCTS have been added to the Shopping Cart and clicked on the “Check-out” icon to CUSTOMER:

• a page will appear containing an indication of the main features and price of each PRODUCT ordered as well as the total price of the order, including taxes. The contents of the Shopping Cart may be modified by CUSTOMER, adding or removing one or more PRODUCTS, up to the time of placing the order (Art. 4.5) by clicking on the “Back to Shopping Cart” icon;
• you will be prompted to enter a reference e-mail address and the shipping information for the PRODUCTS and then click on the “Go to Shipping” button.

4.4 At this point the CUSTOMER will see an “order summary” page containing the following information:

• CUSTOMER’s reference e-mail and shipping data of the PRODUCTS both can be changed by CUSTOMER up to the time of placing the order (Art. 4.5) by clicking on the “Change” icon;
• main features and price of each PRODUCT ordered;
• total price of the order, including taxes and any shipping costs
• billing data summary

The CUSTOMER is required to verify the accuracy of the data indicated in the “order summary” and then click on the “Go to payment” button.

4.5 Following said verification, the CUSTOMER is asked to review the GENERAL CONDITIONS and confirm acceptance thereof, select the desired payment method and then proceed to submit the order by clicking on the “Pay Now” button. The CUSTOMER re expressly knows that the placing of the order implies the obligation to pay the price and other amounts due under these GENERAL CONDITIONS.

ARTICLE 5 – CONCLUSION AND EFFECTIVENESS OF THE CONTRACT OF SALE

5.1 By submitting its order, the CUSTOMER declares that it has read, understood and accepted the GENERAL CONDITIONS and acknowledges that the same, in case of acceptance of the order by the SELLER will be binding between the PARTIES.

5.2 The contract of sale shall be considered concluded and effective between the PARTIES upon the SELLER’s sending to the CUSTOMER of an order confirmation e-mail to the e-mail address indicated in the order.

5.3 CUSTOMER agrees to verify the accuracy of the data contained in the above e-mail and promptly notify SELLER of any corrections/changes to be made.

5.4 SELLER reserves the right to accept the order transmitted by CUSTOMER within 4 (four) business days commencing on the business day following the day on which CUSTOMER transmitted its order. Where the SELLER fails to send its order confirmation within the aforementioned time limit, the order shall be deemed to have been tacitly rejected. In this case, the SELLER shall without undue delay refund the price already paid by the CUSTOMER.

ARTICLE 6 – PRODUCT AVAILABILITY

6.1 The availability of the PRODUCTS indicated on the SITE refers to the actual availability of the PRODUCTS at the time the CUSTOMER places the order. This availability is purely indicative in that:

• as a result of multiple users being on the SITE at the same time, PRODUCTS may be sold to other customers before the CUSTOMER submits his/her order;
• an IT anomaly may occur such that a PRODUCT is available for purchase that in fact is not.

6.2 In the event of unavailability (even partial) of the ordered PRODUCT, SELLER agrees to inform CUSTOMER immediately by e-mail therein indicating the earliest date when the PRODUCT will become available again. The CUSTOMER, within the next 48 hours, will have the right to confirm the order of PRODUCTS or cancel it. In the absence of communication from the CUSTOMER, the order will be considered tacitly confirmed. In case of order cancellation, on the other hand, the amount related to the unavailable PRODUCTS will be refunded to the CUSTOMER without undue delay and, in any case, within the maximum period of 14 business days from the date of order cancellation.

6.3 In no event shall SELLER be liable for any damages – direct and/or indirect – arising out of the unavailability (even if supervening) of PRODUCTS on SITE.

ARTICLE 7 – PAYMENT

7.1 Payment for PRODUCTS may be made only by one of the payment methods indicated on the SITE.

7.2 The CUSTOMER warrants to the SELLER that he/she has all necessary authorizations to use the chosen mode of payment.

7.3 The data entered by the CUSTOMER for payment purposes are encrypted and are transmitted directly to the payment processor without passing through the SELLER’s servers, which therefore never has access to or stores such data.

ARTICLE 8 – PRICES

8.1 All sales prices of the PRODUCTS shown on SITE are in Euros and include value added tax (VAT) at the applicable rate. Any change in the applicable tax rate may affect the price of PRODUCTS from the effective date of the change. The final price may differ depending on the VAT rate in effect at the time of purchase that is applied to the order. The system automatically determines whether and what VAT to charge to the order in relation to the country of destination of the PRODUCTS and issues a valid invoice in accordance with Italian invoicing regulations. It will be the CUSTOMER’S burden and responsibility to comply with the VAT obligations of his/her country and, if applicable, of the country to which you have requested delivery of the PRODUCTS.

8.2 SELLER reserves the right to change, at any time, the sale prices shown on SITE. It is understood, of course, that the price applied to the CUSTOMER shall be the price indicated on the SITE on the date on which the order is placed by the CUSTOMER (and indicated in the confirmation e-mail sent by the SELLER), without regard to price increases or decreases, including for promotions, that may have occurred subsequently.

8.3 The sale prices shown on SITE do not include shipping costs , destination country customs costs and charges and other additional costs that are charged to CUSTOMER in addition to the price of the PRODUCTS purchased. Shipping costs are automatically calculated by the system based on the PRODUCTS selected by the CUSTOMER and the shipping location. Any duties, import taxes and customs clearance costs in case of deliveries outside the EU will be borne by the CUSTOMER. Since customs policies vary widely from country to country the SELLER has no control over these costs and therefore cannot predict the amount. It will be the CUSTOMER’S responsibility to contact the local customs office for further information.

ARTICLE 9 – DELIVERY OF PRODUCTS

9.1 Subject to any territorial delivery limitations for products bearing the symbol “Goods Not Shippable by Air”, for which the order may not be processed, SELLER shall deliver the PRODUCTS to CUSTOMER at the address indicated by CUSTOMER at the time of the order, as confirmed by SELLER in the order confirmation e-mail referred to in Art. 5.2.

9.2 SELLER shall use its best efforts to deliver the PRODUCTS within the time period specified in the order confirmation, which, unless otherwise agreed in writing between the PARTIES, shall not be deemed essential.

9.2 SELLER fulfills its delivery obligation at the time it transfers material availability or otherwise control of the PRODUCTS to the shipper.

ARTICLE 10 – EVIDENCE AND FILING

10.1 Each contract with the CUSTOMER shall be filed by the SELLER at its premises.

10.2 SELLER agrees to store this information in order to ensure transaction tracking and produce a copy of the contract upon CUSTOMER’s request.

10.3 In the event of a dispute, SELLER shall have the opportunity to demonstrate that its electronic tracking system is reliable and guarantees the integrity of the business transaction.

ARTICLE 11 – WARRANTY

11.1 The SELLER warrants that the PRODUCTS sold correspond in quantity, quality, and type to what appears on the order confirmation and that they are free from defects that would render them unfit for their intended use.

11.2 SELLER agrees to remedy any defect, lack of quality or lack of conformity of the PRODUCTS attributable to it, occurring within twelve months of delivery, provided it is promptly reported in writing by CUSTOMER within eight (8) days of delivery for obvious defects or discovery for hidden defects. It is understood that this warranty shall be limited only to those cases in which the defect or defect complained of is not instead attributable, directly or indirectly, to the CUSTOMER’s activity or to incorrect use and/or storage of the PRODUCT.

11.3 CUSTOMER shall report any defects or lack of conformity of the Products, under penalty of forfeiture within the terms set forth above, by contacting SELLER’s e-Commerce Departmentthrough the appropriate form available here or by sending a registered letter with return receipt or a PEC to the SELLER at the addresses above , indicating in detail the defects or non-conformities complained of.

11.4 CUSTOMER shall forfeit its warranty rights if it does not permit every reasonable check that SELLER
requests to carry out on the allegedly defective PRODUCTS or if, having SELLER made an express request for the return of said Products at its own expense, CUSTOMER fails to return them, within a period of 15 (fifteen) days from the receipt of the relevant request.

11.5 In the event that the disputed defects or non-conformities are actually attributable to SELLER, SELLER may, within a reasonable period of time, at its option replace or repair at its own expense the PRODUCTS found to be defective or non-conforming as agreed or credit CUSTOMER with a sum corresponding to the price indicated on the invoice of the defective or non-conforming PRODUCTS. Reimbursement will be made using the same payment instrument used by the CUSTOMER for the initial transaction, without SELLER being held liable for any delays or omissions in crediting the CUSTOMER.

ARTICLE 12 – RESPONSIBILITY

12.1 SELLER assumes no liability for any inefficiency attributable to force majeure or fortuitous event, even where dependent on malfunctioning or disruption of the Internet network, in the event that it fails to execute, in whole or in part, the order within the time stipulated in the contract.

12.2 It is also clarified that SELLER does not control websites that are directly or indirectly linked to SITE. Accordingly, all liability for the information published therein is excluded. Links to third-party websites are provided for information only and no warranty is made as to their content.

ARTICLE 13 – PERSONAL DATA

1. SELLER agrees to handle and process all personal data provided by CUSTOMER in accordance with the current privacy policy as per the separate policy available at the following link.

ARTICLE 14 – ACCESS TO THE SITE

14.1 The CUSTOMER has the right to access the SITE for consultation and making purchases. The integrity of the elements of this SITE, whether visual or aural, and the related technology used remain the property of SELLER and are protected by intellectual property law.

ARTICLE 15 – APPLICABLE LAW – PLACE OF JURISDICTION

15.1 These GENERAL CONDITIONS are governed by Italian law with the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods signed in Vienna on April 11, 1980 as well as the rules of conflict.

15..2 Any dispute relating to or in any way connected with the contracts to which these GENERAL CONDITIONS apply shall be subject to the exclusive jurisdiction of the Court of Brescia (Italy).

Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the following articles are deemed to be expressly approved: Art. 3.2 -Information on the Products; Art. 6.3 – Availability of the Products; Art. 15.2 – Applicable Law – Jurisdiction.