1.1. The following General Sales Conditions (below referred to as General Conditions) regulate and discipline the contract having as object the sale and home delivery of the products advertised (below referred to as Products) on the websites “http://www.enotecabulzoni.it” and/or http://www.enotecabulzoni.com and/or“http://www.worldwinewell.com” and/or http://www.worldwineswell.com (below, indistinctly, referred to as Website) of Bulzoni s.r.l., with registered office in Viale Parioli n. 36, 00197 Rome, VAT number 01279001000, national insurance number 04080340583, registration to the Register of Companies of Rome nr. 8332/1985, R.E.A. nr. 559665, (below referred to as Enoteca Bulzoni); the contract is completed between Enoteca Bulzoni with a purchaser (below referred to as Purchaser) through a mail-order system that utilizes the communication technology called “internet” (below referred to as the Contract).
1.2. Enoteca Bulzoni reserves itself the right to modify the following General Conditions. The validity of the new General Conditions will be effective from the moment of their publishing on the website, and will be active from that moment.
1.3. The following General Conditions therefore form an integral and substantial part of the Contract.
1.4. The reference normative is the Legislative Decree 6 September 2005, n. 206 (Code of Consumer) that disciplines all the proceedings of negotiation and/or contractual nature in which consumers are involved and the directive 2000/31/CE of the European Parliament and the 8th June 2000 Counsil (Directive on E-Commerce), acknowledged by the Italian ordinance with the Legislative Decree 9 April 2003, n. 70.
2.1. The Contract between Enoteca Bulzoni and the Puchaser must be intended completed with the approval, even if only partial, by Enoteca Bulzoni of the purchase order made by the Purchaser (below referred to as Order).
2.2. The Order must be completed in all its parts and must contain all the necessary elements for the exact detection of the Products ordered and the place of delivery. With the Order the Purchaser declares to have read all the instructions given to him throughout the purchasing procedure, and to have fully accepted the following General Conditions.
The Purchaser may only purchase the Products shown on the Website catalogue at the moment of forwarding the Order, as it is described in the corresponding information cards. The image that accompanies the information card of a product may not be perfectly representative of its characteristics, but differ for example for the year of production there shown.
The Products that are shown on the Website catalogue but are indicated as not available may not be ordered.
At any rate, the Products present on the Website are subject to availability.
If an Order should exceed the quantity stocked in the warehouse, the purchase will be accepted on limitation of the available Products. In this case the Purchaser will be informed and will be able to overturn the order or to integrate it with another product.
2.3. The confirmation of the Order by Enoteca Bulzoni, transmitted via e-mail to the e-mail address specified by the Purchaser on the Order, counts as acceptance.
The confirmation of the Order will report the identification number, the day when the Order was made, the information of the purchased Products, the corresponding price, the shipping costs, the data given by the Purchaser for the billing and/or delivery, the payment conditions chosen by the Purchaser among those specified in the next art. 3.
The Purchaser must promptly verify the state of the confirmation of the Order and signal immediately to Enoteca Bulzoni possible errors or omissions.
Enoteca Bulzoni may also send to the Purchaser, always via e-mail to the e-mail address specified by the Purchaser on the Order, a refusal of the Order.
Any right of the Purchaser to compensation, as well as any contractual or extracontractual responsibility for damages direct or indirect to people and/or things, provoked by a non acceptance, even partial, of an Order is ruled out.
3.1. All the sale prices of the Products advertised and shown on the Website constitute an offer to the public, are expressed in EURO and comprehend VAT, with the exception of where differently specified.
3.2. The Purchaser commits to pay the equivalent price of the Products indicated in the Order, by following the instructions given on the Website, through one of the following payment methods:
• Payment with Credit Card
• Advance Bank Transfer
3.3. In case of purchase of Products by Credit Card, contextually to the conclusion of the online transaction, the reference banking-house will only provide to authorize the payment of the due amount relative to the purchase made. The amount relative to only the shipped merchandise, even partially, will be charged on the Credit Card of the Purchaser only after the shipping of the Products by Enoteca Bulzoni.
In case of cancellation of the Order by the Purchaser or in case of mis-acceptance or refusal of the Order by Enoteca Bulzoni, the latter will therefore request the cancellation of the transaction and the release of the committed amount. The time of release, for some types of Credit Cards, depend exclusively on the banking system and may reach their natural expiry (usually 20-25 days from the date of authorization). Once the cancellation of the transaction is done, in no case whatsoever Enoteca Bulzoni may be deemed responsible for possible damages, direct or indirect, provoked by delay of failed release of the import held by the banking system.
Enoteca Bulzoni reserves itself the faculty of requesting the Purchaser to provide additional information (for ex. telephone number) or to send a copy of documents that prove the possession of the Credit Card utilized. If the requested documentation is lacking, Enoteca Bulzoni reserves itself the faculty of not accepting/refusing the Order.
To greater guarantee and safety of the Purchaser, in no moment of the purchasing procedure, Enoteca Bulzoni is able to know any information relative to the Credit Card of the Purchaser, transmitted via protected connection directly to the website of the banking-institute that operates the transaction. No database of Enoteca Bulzoni will store the data.
In no case Enoteca Bulzoni may therefore be considered responsible for possible fraudolent and undue use of Credit Cards by a third party, when paying products purchased on the Website.
3.4. In case of payment by Advance Bank Transfer, the delivery of the Products indicated in the Order of the Purchaser will be suspended until the accredit of the due amount will be sent to Enoteca Bulzoni’s bank account, as it is registered and shown on the Website. The Bank Transfer will have to be done by the Purchaser within three working days from the receipt of the Order confirmation e-mail and the Purchaser will have to provide a proof of the order of the bank transfer by sending its copy to Enoteca Bulzoni – via fax at the number 06-8077660 or via e-mail to email@example.com – within five working days from the receipt of the Order confirmation e-mail. The accredit of the amount on the bank account of Enoteca Bulzoni will have to be transferred within ten working days from the receipt of the Order confirmation e-mail.
Passing in vain one of the three terms above mentioned, the Order will be considered authomatically cancelled and won’t be shipped by Enoteca Bulzoni.
The causal of the Bank Transfer will have to report: (i) name and last name, company or business name of the Purchaser who makes the Order; (ii) Order reference number and (iii) date of completion of the Order.
4.1. The products are sent to the Purchaser with free packaging to the destination address specified in the Order.
4.2. The products are accompanied by the Order paper or, if the Purchaser requests it, by the Purchase Invoice which reports the list of all the shipped Products.
The Purchase Invoice must be requested at the moment of the Order, by communicating the VAT number. In no case Purchase Invoice will be emitted subsequently to the shipment of the Products.
4.3. The shipment costs are to be charged to the Purchaser, in the measure indicated on the Website during the purchasing step, and the Purchaser will pay the relative amount by utilizing the method he had chosen to pay products with at the Order.
4.4. If unable to deliver the Products indicated in the Order because, even if temporarily, unaivalable subsequently to the confirmation of the Order, Enoteca Bulzoni will promptly communicate impossibility of delivery to the Purchaser via e-mail. The eventual amount already paid by the Purchaser will be reimbursed as soon as possible and however not over thirty days from the receipt of the Order.
4.5. No responsibility may be attributed to Enoteca Bulzoni in case of delay in the shipment or delivery of the Order attributable to circumstances beyond one’s control or to unexpected event.
5.1. Enoteca Bulzoni does not take charge of any responsibility for inefficiency attributable to circumstances beyond one’s control (as for example, accidents, strikes, floods, fires, etc.) that would prevent, totally or partially, the regular fulfillment of the Contract.
Enoteca Bulzoni will not be responsible toward any party regarding possible damages, losses or costs suffered subsequently to the failed fulfillment of the Contract due to the causes mentioned above, the Purchaser having only the right on the repayment of the relative Price.
Enoteca Bulzoni is not responsible for possible fraudolent and illicit use that a third party may do with credit cards and/or other means of payment, on paying the Products purchased on the Website.
5.2. In any case, it is henceforth agreed that, in case of ascertained responsibility of Enoteca Bulzoni at any title towards the Purchaser, the responsibility of Enoteca Bulzoni won’t be superior to the price of the Products purchased by the Purchaser and already paid for and for which the possible dispute has arisen.
5.3. Enoteca Bulzoni’s responsibility for the delays in the consignment cannot exceed the amount of the shipment costs met by the Purchaser.
6.1. Enoteca Bulzoni is not responsible for the act of third-parties that, as autonomous third-parties, intervene in the management or completion of payment operations, of delivery of the Products and in any other operation linked to the fulfillment of the Contract.
7.1. The right of property of the Products sold on the Website is purchased by the Purchaser after the completion of the payment of the products and their consignment. The risks of any damage to the products therefore passes to the Purchaser once the products have been delivered.
8.1. The CONSUMER Purchaser may exercise the right of escape clause if:
- he communicates the cancellation of the order via e-mail to the address firstname.lastname@example.org before receiving the confirmation Order or else before the shipment of the goods;
- not feeling satisfied with the purchase made, he commits himself to send back undamaged all the Products received.
The right of escape clause must be exerted, or else punished by loss, via record delivery letter to the following address (which is also the address where the goods must be sent back to):
Bulzoni s.r.l., Viale Parioli n. 36, 00197 Rome,
within the ten working days term from the receiving of the Products. Said communication may be advanced even via telegram or fax to the number 06-8077660 or via e-mail to the address email@example.com within the same lenght of time, provided that it is confirmed via record delivery letter within the 48 hours subsequent to the dispatch of the telegram, fax or e-mail. Said communication will have to contain the data necessary to the detection of the order, the will to renounce the purchase and the instructions of the Product or Products for which the right of escape clause is being exerted, attaching a copy of the business paper (Purchase Invoice).
8.2. The right of escape clause is instead excluded in the following cases (art. 5, comma 3, D.lgs. 185/1999):
- purchase of Products custom-packaged or personalized by Enoteca Bulzoni, according to the specific requests of the Purchaser or that, for their own nature, cannot be re-sent or risk to deteriorate quickly.
- purchase of Products that have not been delivered for absence of the Purchaser from the place of delivery and that at the moment of their withdrawal result deteriorated for the delay provoked by the Customer;
- purchase of Products seal-packaged, opened by the Customer.
8.3. If the escape clause is done according to what has been disposed at the first paragraph of this article, the amount possibly already paid for the Products and the shipment costs has been accredited to the Purchaser via bank transfer on the account by him indicated.
The reimbursement is done in the shortest lenght of time possible and, in any case, within 15 days from the date in which Enoteca Bulzoni, received notification of the escape clause from the CONSUMER Purchaser in the prescribed ways, also receives the goods ordered undamaged and in their original packaging at the following address:
Bulzoni s.r.l., Viale Parioli n. 36, 00197 Rome,
8.4. The only expenses to be charged on the Purchaser for the exertion of the right of escape clause are those of return of the Products to Enoteca Bulzoni.
9.1. Any potential complaint will have to be sent via e-mail to the following e-mail address: firstname.lastname@example.org , that is by writing to Enoteca Bulzoni s.r.l., Viale Parioli n. 36, 00197, Rome.
10.1. Enoteca Bulzoni rigorously observes what is provided for by the law 675 of 1996 concerning the protection and privacy of the personal data in its possession and demand for its rectification or cancellation.
The data will be utilized to the only purpose of supplying, in the best way, the services required by the person concerned. The data will not be divulged to third-parties.
Enoteca Bulzoni will only ask to the person concerned the data strictly necessary to improve the purchasing operations and, possibly, to keep him updated with prices and Products (as lons as the person concerned will deem it appropriate).
10.2. Under the articles 13 and 23 of the Legislative Decree of June 30 2003, n. 196 (Code concerning the protection of personal data and below referred to as Code), Enoteca Bulzoni wishes to inform the kind visitors:
1) that the personal data given to Enoteca Bulzoni, are object of treatment in respect of the normative mentioned above and of the obligations of privacy therein provided for;
2) that as treatment of personal data under the 4th article of the Code, it is meant any operation or combination of operations, also done without the use of electronic instruments, regarding the gathering, the registration, the organization, the preservation, the elaboration, the modification, the selection, the extraction, the comparison, the use, the existing, the blocking, the communication, the spreading, the cancellation or destruction of data, even if not registered in a database;
3) that the data are treated for institutional finalities, linked or with an aim to the activity of Enoteca Bulzoni such as data storage, elaborazione, billing, customer managing and, particularly:
a) to fulfill the law obligations linked to civil, fiscal, accounting and other norms, to fulfill the administrative management of the report from You established with Enoteca Bulzoni;
b) to fulfill the contractual obligations, of technical support and technical information and post-sale assistance;
c) to fulfill market and statistical researches, marketing and references relative to the Products object of the activity of Enoteca Bulzoni;
d) only on prior expression of your specific consent to, for the communication of commercial information regarding future commercial initiatives, of advertisements of new products, services and offers, both from Enoteca Bulzoni or affiliate companies and/or controlled, commercial partners and outsourcers, via advertising e-mails. The dispatch of advertising e-mails will not determin in any case the transfer of your personal data to third-parties. This service does not determine a monitoring of the websites that You visit nor the control of the messages read by You, unless you consent so;
e) for the operating of general promotional initiatives, in the interest of the user of Enoteca Bulzoni;
4) that the ordination of Your data is necessary to regularly fulfill the contractual and legal obligations deriving from the legal relationship existing with Enoteca Bulzoni. In case you would not be interested to our commercial e-mails, you may freely not give Your consent to such finaly;
5) that the data:
- are gathered in our database and registered in such a way to consent access only to Enoteca Bulzoni’s authorized personnel;
- may be treated, according to the finalities above mentioned, inside Enoteca Bulzoni, that is they may be communicated outside to: a) companies controlled, linked and affiliate to Enoteca Bulzoni; b) of commercial partners of Enoteca Bulzoni (producing companies, suppliers, vectors and forwarding agents, etc.); c) of customer-service companies.
10.3. We also inform you that anyone interested in doing so, may exert the rights granted by the 7th article of the Code that we resume below.
The person concerned has the right to obtain the confirmation of the existence or not of personal data concerning him, and their communication in intelligible form.
The person concerned has the right to obtain the confirmation: a) of the origin of the personal data; b) of the finalities and the modalities of the processing; c) of the logic applied in case the processing has been done with electronic means; d) of the identifying marks of the owner, of the responsible persons and the designed representatives; e) of the subjects or of the categories of subjects to whom the personal data may have been communicated or who may come to their knowledge as designed representative in the territory of the State, of responsible or appointed persons. The person concerned has also the right to obtain: a) the updating, that is the rectification, if he is interested to the integration of the data; b) the cancellation, the transformation in anonymous form or the blocking of the data processed in violation of law, including those for which the preservation is not necessary in relation to the aims for which the data have been gathered or subsequently processed; c) the attestation that the operations of which the letters a) and b) have been brought to knowledge, even for what concerns their content, of those to whom the data have been communicated or spread, except in the case in which such attainment is impossible or involves the utilize of means manifestly disproportionate in comparison with the right protected.
The person concerned has the right to disagree with, totally or partially: a) for legitimate reasons to the processing of the personal data concerning him, if relevant to the aim of their collection; b) to the processing of personal data concerning him to send advertising or direct sale or marketing researches or commercial communication material.
10.4. The owner of the processing is Enoteca Bulzoni, viale Parioli n. 36, 00197, Rome.
Overseer of the processing is Mr. Alessandro Bulzoni.
10.5. The processing of the data is done with instruments qualified to grant its safety and privacy according to the program document on safety of Enoteca Bulzoni, edited under art. 34, paragraph 1, letter G) of the Code and stored at its registered office. The data are stored in the Data Base at Enoteca Bulzoni’s registered office.
11.1. The contract is regulated by Italian law. For what is not expressely established here, the norms of law applicable to the relations and to the cases expected in the Contract apply.
11.2. For the civil controversies regarding sale contracts between the Purchaser and Enoteca Bulzoni completed through the Website, if the Purchaser is a consumer the territorial competence appertains to the judge of the place of residence or domicile of the Purchaser, in case located in Italy.
In all the other cases, the territorial competence appertains exclusively to the Court of Rome.