These general conditions of contract (further also referred as “General Conditions“) govern the offer from “Fattoria Terre del Marchesato di Fuselli Maurizio” (from now also “Terre del Marchesato“) of products on www.terredelmarchesato.com (from now also referred as “Site“).
These General Conditions will be subscribed by Users when registering to the Site. By using our website you accept this terms and conditions in full to benefit of its offers and in order to purchase products.
TERRE DEL MARCHESATO reserves the right to modify General Conditions at any time within its discretion in whole or in part, by notifying Users on the Site with notice of 30 days whenever products fruition and offered services are being changed.
Users are responsible for checking these posting regularly to know about the applied terms. Use of website consequently to changes, is considered tacit acceptance of the modifications.
The Site is property of Fattoria Terre del Marchesato di Fuselli Maurizio, registered office in: Località Sant’Uberto 164, 57022 Castagneto Carducci (LI), Italia, C.F.: FSLMRZ65A25C415L, VAT Number: IT01204890493. “Terre del Marchesato” is a registered trade mark by Fattoria Terre del Marchesato di Fuselli Maurizio. Products on the Site are sold directly by Terre del Marchesato, also as drop-shipping (from now “Direct Sale“) or by Commercial Partners (from now also referred as “Partner“) of Terre del Marchesato. Unless otherwise specified in the details page of the goods, direct sale by Terre del Marchesato must be intended. Vice versa, when products of a Partner are being sold, Terre del Marchesato offers just an intermediation service (from now also “Brokered sale”) and operates in name and behalf of the Partner, remaining foreign to all effects then to all sale contracts between the User and the Partner. Products can be sold through a permanent catalogue or through “flash-deal” that are limited offers in terms of quantity and/or timing. Offer is about food categories, alcoholic beverages and accessories (wines, spirits, oil and accessories for preparation, consumption and preservation of wine).
After a purchase in Direct Sale, Terre del Marchesato will issue and order confirmation and specify the Partner in charge of the good shipping, in a Brokered Sale.
Site is only available for 18 years older Users. Sales and services in the Site are available by User’s registration.
Registration is free. While subscribing to the Site, Users will be asked their personal data and will be completing the registration procedure (from now on “Complete Registration“). When Registration is completed the User will choose a Username and Password and agree not to give them to third parties not even temporarily, keeping them with proper care, diligence and secrecy on his own responsibility, as these credentials are personal and the only means to identify the user and gain access to the offers.
User is informed that all acts done by using his credentials will be attributed to him and will have binding effectiveness for him.
User is required to immediately inform Terre del Marchesato about any improper or not authorized use of his access credentials, reporting any abuse by third parties.
If Terre del Marchesato identifies breaches, may at his discretion inhibit the access, permanently delete all information here contained, refuse to open a new Account for the same User.
Information given when subscribing may be updated and/or changed or deleted by the User at any time.
In the case of unsubscribe request, Terre del Marchesato might temporary keep all or part of these information for the sole purpose of executing eventually made purchases and/or completing tax and accounting procedures.
Complete Registration is needed to buy products and to have access to summary information about all the activities done by the User on the Site (also “Account“).
During the Complete Registration, User will be asked whether he may wish to sign up to Marchesato Wine Club “BASIC” service. Should the User accede, he will receive an e-mail when his registration is confirmed.
Marchesato Wine Club BASIC is a membership service offering the User the following benefits:
Wine Club service can be widened, providing more benefits, upgrading to Marchesato Wine Club “PREMIUM”.
It is possible to join Terre del Marchesato Wine Club Premium with a minimum wine order of 300 Euro. The upgrade to Marchesato Wine Club Premium will be automatic and last for the following 365 days from registration.
Benefits of Wine Club “Premium” are:
All Wine Club Basic members will automatically receive a Premium upgrading offer via e-mail after 30days.
Wine Club Basic members will be notified during their purchase of the remaining sum needed in their current purchase to upgrade to the PREMIUM level.
15 days prior to Marchesato Wine Club PREMIUM expiry date, User will be contacted and invited via e-mail to renew the Premium membership with a minimum order of €150 within the 30 days following the expiry, thus renewing the service for the next 365 days from the expiry date.
Covered by the tender of Terre del Marchesato is purchase of goods and/or services according to the prices given on the Site. Terre del Marchesato reserves the right not to respond to requests of parties other than the “consumer” in line with the Company own commercial policy. Anyway, Terre del Marchesato does not sell alcoholics to people under 18 years of age. When the User submit his order, he ensures that purchaser and the receiver if he is a different person, are both over 18,
Prices are in Euro and inclusive of VAT. Shipping fees for goods may be fixed or variable, calculated by weight, number of items or address of destination. Shipping fees may sometimes be included in the selling price of some items or be free of charge when the total amount of expense is over a certain sum according to a specific and limited promotion. User is always informed about shipping fees before finalizing the purchase and complete the payment.
Images accompanying informative sheets of a product or offer may not be fully representative of the characteristic and differ in the colour, size, inscriptions and accessories visible in the picture. All information supporting the purchase are supposed to be just general, informative material, not due to the real features of a single offer.
Validity of offers may be limited in quantity and timing and may not be available anymore. Validity and/or the offers available quantity are outlined in the Site to inform the User. Terre del Marchesato may change at any time and at his own discretion the length and quantity of an offer on the understanding that will complete orders taken during the validity of the offer. Offer may be posted several times also in accordance with Partners or goods suppliers. Good availability may run out sometimes, right after the purchase: in this case, Terre del Marchesato, will refund User, if requirement of those conditions are met; it may also be possible that for some offers, a specific option, is not available(i.e. vintage of a wine and the User will be asked to list one or more preferences at the time of purchase: in such circumstances, User is aware he may receive a variant of the product, different from the one chosen during the purchase phase.
In promotional sale or flash-deal as above mentioned, the full price listed in the offer (“crossed out rate”), on which the reduction has been calculated, refers to:
Taking note of the terms of the offer, User will be allowed to finalize the purchase as from the procedure on the Site.
Before finalizing the purchase, a summary of expenditure will be displayed where the unit cost of the chosen good and the total amount is clearly indicated if more quantities of the same or different items are purchased. Shipping, delivering, or postal fees may be fixed or variable, calculated by weight, number of the selected items and/or address of destination indicated by the User during the purchase procedure. Shipping fees may sometimes be included in the selling price of some items or be free of charge when the total amount of expense is over a certain sum according to a specific and limited promotion. User is however always informed about shipping fees before ending his purchase or proceed with the payment. Once purchase has been completed, User will proceed with the payment to Terre del Marchesato, either in the case of a Direct or Brokered Sale. In the case of a Brokered Sale, Terre del Marchesato will receive the payment for and on behalf of the Partner, however, will remain unconnected to the relation between Partner and User. Unless otherwise specified in the details of the good and/or service sheet, it has to be understood that products are being sold directly by Terre del Marchesato. Following the successful payment, User will receive an e-mail as confirmation of the order, containing all information about the offer purchased and also a reference to current General Terms of contract. Order confirmation will display the delivery address and billing details. Shipping will follow the indicated timing indicated in the order confirmation. Delivery timing is indicated also before ending the purchase as summary in your shopping cart or in the product sheet. These informations are approximate and not committing as it is not always possible foresee delays due to the courier in charge of delivery or to third parts or to reasons of force majeure not attributable to Terre del Marchesato. Without the confirmation e-mail, purchase has to be considered invalid. In the case the amount covering the invalid purchase should have been charged against the
User, he will have to give immediate notice to Terre del Marchesato via email to email@example.com , to make Terre del Marchesato verify and issue a refund of the amount paid.
Accepted paying method, if not otherwise specified or agreed with the User, are : credit or prepaid cards by the PayPal system, PayPal account, bank money transfer. Terre del Marchesato, in some or all cases and at its full discretion, may offer cash on delivery payment as an alternative option.
Sums owed are charged, if not differently specified in the Terms of the Offer, when confirming the payment. For Bank Money Transfer payment, Bank details (IBAN), sum owed, number of order to be indicated in the money transfer purpose of payment, will be displayed, when confirming the order. Bank money transfer has to be made in the indicated terms, however within 2 days from the order confirmation, or evasion of good cannot be granted: in this case Terre del Marchesato will refund the late terms payment to sender, with no extra cost, via bank money transfer.
In case of wrong or incomplete indications given by the User about identity or delivery address, he will have to immediately contact the company within order evasion terms
via e-mail to the address firstname.lastname@example.org. In all cases, User is the only responsible for the wrong or incomplete indication of personal data and/or delivery address, thereby for the possible loss of the sum paid if the good will be delivered to strangers.
Terre del Marchesato is very attentive to his Users safety. Terre del Marchesato does not process or keep payment instruments data (i.e.: credit cards numbers), which are being processed and kept by the providers of payment service used. Payment is made in the protected and encrypted payment data input fields, given directly by the payment service providers (PayPal, Inc. More info about PayPal here). When transaction is being completed, the bank service provider sends the result of payment to Terre del Marchesato, without any sensitive info. This is why Terre del Marchesato has no power over possible transaction negated, then is in no way responsible for any direct or indirect consequence of the use of credit card by the User in order to pay products and/or services purchased.
Navigation on www.terredelmarchesato.com is protected and encrypted with security certificate “128/256-bit Extended Validation SSL”, issued by Actalis Domain Validation Server CA G2, after precise and constant verification process of authenticity of the Company data info and ownership of domain. It is also possible to check the certificate authenticity and ownership by clicking on the protection area of the browser, generally beside addresses bar, on the page title or on the status bar.
Terre del Marchesato may issue some offer Codes (from now “Promotional Code”) to be used by User when purchasing products. Promotional Codes are issued as alphanumerical codes and their value (expressed in euro) is decided unquestionably and at its own total discretion by Terre del Marchesato. Promotional codes can be input by User in the designed field “Promotional Code” when listing the order. Promotional Codes, once input, will be automatically calculated and subtracted from the total amount before the payment procedure but it is not covering shipping fees. Promotional Codes with percentage of discount cannot be used on products already in promotion. Promotional Codes can be used by User for a limited time and are not valid after their expiry date. Promotional Codes may be subjected to a minimum purchase amount to be valid. If not differently specified, Promotional Code is personal, connected to the User’s Account and valid only for one single purchase then invalidated. Promotional Codes are not to be added together. Promotional Codes are not to be sold, given and/or transferred to thirds if not by previous authorization from Terre del Marchesato. Terre del Marchesato has faculty to delete any Promotional Codes issued, even before its expiry, without justification or without compensation or refund. Terre del Marchesato can delete Promotional Codes, when Users make improper use of them, without notice and with no compensation or refund for the User.
Terre del Marchesato and his eventual Partner take orders to be shipped in the following states:
Shipping shall be made within the maximum time eventually indicated in the General Conditions of the offer. Shipping shall be made according to the time indicated in the order confirmation. Delivery time may be also indicated before completing the purchase in the summary of the shopping cart or in the product sheet. These informations are approximate and not a certain date as delays of the courier who is in charge of delivery to the User, are not always predictable. However, Terre del Marchesato, if not differently specified in the product sheet, undertakes to deliver goods within 10 working days from the order and generally, delivers are in 24/48 working hours on all Italy soil, excepted islands where delivery takes some 48/72 working hours.
On the off chance of good becoming unavailable for any reason after the order has been taken, a refund for the eventually received payment will be issued without any expense against the User.
User may be informed via e-mail when the product leaves Terre del Marchesato. User will be given, if available, the name of courier and “Tracking” to follow the shipping. These informations when are available will be visible also into the User’s Account.
Terre del Marchesato cannot ensure that products purchased at the same time are being delivered in the same shipping, nor that different shipping are delivered simultaneously. Date or specific time for delivery is not possible to be ensured because it depends on the courier, on deliver address and on the person in charge of delivering. Terre del Marchesato cannot be responsible for any direct or not direct consequence deriving from this timing. Delivery of good is understood to be at street level, if there are not different specifications made during purchasing process.
When shipping bottles, Terre del Marchesato rely on shipping companies using patented and couriers homologated packaging, projected to grantee good integrity. However, when receiving the good from the courier, User will have to verify integrity of packaging lack of any damage or alteration also in the packaging components (Sellotape or strapping) and that there are no leakings or droppings. Any eventual packaging damage and/or good damage must be immediately reported to the courier by putting the written “subject to inspection” on the proof of the courier delivery (specifying the reason of this, i.e. “packaging pierced” packaging pressed” etc.)
Once the courier proof of delivery has been signed by User, he is not allowed anymore to contest about what has been delivered. Any problem about integrity, matching, thoroughness of the received product has to be claimed within 3 days from delivery writing an e-mail to: email@example.com.
In case of non-delivery of the good in the indicated time, User will have to give notice to Terre del Marchesato, writing an e-mail to: firstname.lastname@example.org. The company will check with the courier the shipping state and deliver anomaly. In consequence of a shipping anomaly (i.e. package missing or crashed during delivery), Terre del Marchesato will send the product once more, in accordance to the storage availability with no further expenses for the User.
Terre del Marchesato works diligently and in good conscience while providing products in the quantity and according to the characteristic described in the purchase offers.
Terre del Marchesato, guarantee products are provided, prepared and conditioned in respect of reg. CE 852/04, 178/02 (and following modifications and additions) of current Italian and EU legislation.
User is aware that images used on offers may be only indicative of the product and not always represent faithfully the product delivered.
In case of non-compliant products, User will contact Terre del Marchesato via e-mail to: email@example.com . Terre del Marchesato, once the anomaly has been verified, will change the product or issue a refund, using the same entitlement originally used for payment or issue a promotional Code of the same value of the non-compliant product. In any case legal guarantee is reserved to final consumers who purchased on www.terredelmarchesato.com, for purposes that are outside entrepreneurial activity, trading, artisanal, or professional activity eventually carried out.
User requiring a service for purposes other than those of his business has the right to withdrawal from purchase contract with Terre del Marchesato without any cancellation fees or giving reasons, within 14 working days with and by the effects of art. 52 comma 1 del Codice del Consumo. The term of 14 days is considered starting from delivery of the product purchased on www.terredelmarchesato.com. Customer can withdrawal, with and by the effects of art. 54 comma 1 Codice del Consumo, using the withdrawal form in attached I, part B of the Codice del Consumo or by using the one available at the link: WITHDRAWAL FORM or by presenting any other explicit statement of his will of withdrawal to be sent via registered mail a/r, to: Fattoria Terre del Marchesato di Fuselli Maurizio, registered office in Località Sant’Uberto 164, 57022 Castagneto Carducci (LI), Italia, or via e-mail to: firstname.lastname@example.org, or via Fax to the number: +39 0565 749752. Registered mail a/r, the e-mail or Fax will have to contain the product indication and its number of order. Burden of proof about proper exercise of withdrawal right, according to the above indicated procedures is on the User.
Following proper exercise of withdrawal right, if Terre del Marchesato does not collect the good itself, User has responsibility to return the good without undue delay and in any cases within 14 days since the date of communication to Terre del Marchesato of his withdrawal will as required from art. 54, c. 4. User will have to apply, clearly visible, to the outer packaging, the return document forwarded by Terre del Marchesato, following the above notice of withdrawal, in which there are the address for delivery and order details to identify the return. User is also recommended inserting one copy of this document inside the packaging, in order to avoid the loss or impossibility to identify the return once it has come back into the warehouse. These shipping costs are on the User with only exception if Terre del Marchesato failed to inform the User about this burden when completing the contract according to art. 57 comma 1 Codice del Consumo.
Goods are to be preserved, handed and inspected with usual care, returned undamaged, with all accessories and package leaflets, identification sheet and original labels, capsules, where provided, still attached to goods, intact and not damaged then totally fit for their use, with no sign of filth or worn.
According to art. 57 comma 2 of Codice del Consumo, User is responsible for any loss of value resulting from improper handling, different from the use, nature, characteristic of the good itself. In this case, Terre del Marchesato, upon notice forwarded to the User in 5 working days after the good return, may lower the refund amount in accordance to the loss of value of the good, sending the User bank details when the refund on User’s behalf has already been issued, to have back the amount due and corresponding to the loss of value. .
Terre del Marchesato may refuse a withdrawal for food products partially consumed. According to art. 59 of the mentioned Codice del Consumo, no withdrawal is accepted for custom-made goods or clearly customized products, or for what, by their nature, are impossible to be sent back or are suitable of rapid alteration or deterioration.
It is intended, regarding service performance, that the right of withdraw cannot be exercised by the User, after complete supply of products from Terre del Marchesato, when the supply started with the express consent of the user, and he agreed to lose the right of withdraw, following the full implementation of service from di Terre del Marchesato. However, according to art. 59 of Codice del Consumo, withdrawal shall be excluded for custom-made goods or clearly customized products, or for what, by their nature, are impossible to be sent back or are suitable of rapid alteration or deterioration.
Possible allocations of sum of money as refund from Terre del Marchesato, if due, are in accordance to art.56 comma 1 Codice del Consumo in the shortest possible time and not later than 14 days from the date when the event generating refund took place, and in case of withdrawal from the day when the company took notice of the User’s request . Terre del Marchesato will refund the User using the same payment method used during the order, unless otherwise agreed with User and provided he is not charged as a consequence of the different payment method used. If User chose a more expensive deliver, different from the standard deliver offered by Terre del Marchesato (“Additional Costs”), the latter is not required to refund the Additional Costs. It is evident, with exception when Terre del Marchesato collects the good itself, that Terre del Marchesato may keep refund till the good is returned or till User demonstrates goods have been sent back, according to which of the two situations comes first.
Terre del Marchesato is not responsible for damages deriving from use of the Site like computer viruses, omissions, service interruptions, software malfunctions, also damaging User’s computer equipments, obstructing or delaying services provision, when depending on external circumstances, force majeure and/or thirds non depending on the wish of the owner. Terre del Marchesato is only responsible for possible defects and non-compliances encountered in Direct Sale, while it is never responsible for defects and non-compliances encountered in Brokered Sale where the Partner is the only responsible towards the User. Therefore, User is informed in those cases he will complain and act exclusively against the Partner. In all cases, Terre del Marchesato and/or his Partner are not responsible for delays, defects and non-compliances depending on events out of their own reasonable control such as by way of example : (i) events of force majeure; (ii) events from third parties like interruption or malfunction of services of telecommunication providers and/or electricity providers, or acts and omissions by carriers or shippers.
15. Industrial and intellectual Property
Terre del Marchesato holds all the right for graphic and conceptual contents of the Site as well as for its own distinctive features made visible in it. Therefore, it is forbidden to reproduce the content and graphic of the website, in whole or in part, as well as for its own distinctive features made visible in it. Terre del Marchesato also holds the right of the technology platform for Site management.
Any claim will have to be addressed a:
Fattoria “Terre del Marchesato” di Fuselli Maurizio
Località Sant’Uberto 164, fraz. Bolgheri
57022 Castagneto Carducci (LI) – Italy
When User is registering to the Site, he may be asked to give his consent to receive commercial informations, which may also be provided in the form of a newsletter. In this event l’User is free to give or deny consent.
More info about cookies available at the link: https://www.iubenda.com/privacy-policy/73784993/cookie-policy
Site may contain links, in the form of hyperlink or banner, to external websites and third parts. Terre del Marchesato has no control over these sites and is not responsible for accuracy, nature, quality and completeness of informations contained in third sites. The content of those sites does not represent products, services or informations of Terre del Marchesato.
19. Applicable Law and Place of Jurisdiction
These General Conditions are governed by the Italian law.
For any dispute about interpretation, execution, and/or termination of the contract between User and Terre del Marchesato in case of Direct Sale, or between User and the Partner in case of Brokered Sale, Parties acknowledge that competent Court is the one of the place of residence or domicile of the User if the same is “Consumer” according to the current applicable law. If User is a Professional, in “Direct Sale” the competent Court is the Court in Livorno, in case of “Brokered Sale “the competent Court is the one governing at the Partner’s domicile.