Terms and conditions of sale

General Terms of Use

These General Terms of Use govern the use of the website https://library.bertani.net/ (hereinafter, also the "Site") owned by Angelini Wine & Estates Società Agricola a r.l., with registered office in Italy - Via Roma 117, 60031 Castelplanio (AN) (hereinafter AW&E).

 

1. Use of the Site

1.1 The hospitality and wine tourism services available on the Site (hereinafter "Services") are offered by AW&E. The products available on the Site (hereinafter "Products") are sold by AW&E, which is the only party with which the purchase contract will be concluded in accordance with the Sales Terms set out below.

1.2 Registration may be required to access certain areas of the Site.

1.3 The use of the Services and the purchase of Products is reserved for individuals who have reached the legal age.

1.4 The Services offered through the Site, including the purchase of Products, may only be used by individuals who act for purposes other than business, commercial, artisanal, or professional activities. In addition, the Services shall be used in such a way as to: (i) not pursue fraudulent purposes or any illegal activity; (ii) not cause interruptions, malfunctions, or damage to the Services.

1.5 AW&E reserves the right to prevent access to the Services or to disable the account governed by the article below in case of behavior that may cause damage or harm of any kind.

2. Intellectual property

2.1 The contents, in any format, present on the Site, including texts, design, graphics, colors, patterns, tools, fonts, layout, methods, processes, functions, and software that are part of the Site, are the property of AW&E. The reproduction, in whole or in part, in any form, of the Site and its contents is prohibited; any systematic extraction or re-use of the contents present on the Site is also prohibited.

2.2 Any unauthorized use of distinctive signs owned by AW&E is prohibited, as well as any use in relation to products or services that are not owned by AW&E or that may generate confusion among customers or have the effect of denigrating or discrediting AW&E.

3. Liability of AW&E

3.1 AW&E will do its utmost to ensure access to the Services offered through the Site so that such access takes place without malfunctions or errors of any kind. In any case, given the nature of the services, AW&E cannot guarantee that they will be provided without any interruption and reserves the right to temporarily suspend the supply of the Services and/or Products if necessary for maintenance or improvement activities of the Site. AW&E shall not be liable for service interruptions or delays caused by events that are beyond its reasonable control, such as any interruptions of electronic communications or failures of telephone lines. It is understood that any interruptions of the services by AW&E will not in any way affect the performance of contracts of sale already concluded, without prejudice to what is provided for in the Sales Conditions. Furthermore, AW&E cannot be held responsible for any problems related to the network, providers or telephone and/or telematic connections, unauthorized access, or the non-functioning and/or defective operation of the user's own electronic equipment.

3.2 AW&E cannot be considered in any way liable for the non-compliant use of the Site and its contents by each of its Users.

4. Personal data

4.1 The Site provides for the collection of some personal data of users at the time of purchase of Products and/or Services. To obtain any information regarding the processing of the user's personal data - for example, what data is collected, for what purposes, how long it is kept – please refer to the Cookie Policy available at the link https://library.bertani.net/cookie-policy/ and the Privacy Policy available at the link https://library.bertani.net/privacy-policy/.

5. Modification of the Terms of Use

5.1 AW&E may include additional Products, services, and features within the Site compared to those described above that do not modify the main nature and characteristics of the services already provided by these General Terms of Use. Users will be notified of any additional services through a notice published on the Site or to the provided contact details.

5.2 AW&E reserves the right to modify these General Terms of Use for justified reasons, such as changes in the prices of the Products and/or a change in the competitive context that has an impact on the commercial offer, as well as for any subsequent technical or managerial needs and/or changes in the applicable regulations.

5.3 It is understood that the mandatory provisions of a regulatory and regulatory nature that entail modifications or additions to the discipline contained in the General Terms of Use will automatically and by law be inserted into these General Terms of Use.

 

Sales Terms

These Sales Terms govern the distance purchases made on the Site. AW&E has the right to modify these Sales Terms at any time; however, these amendments will be effective from the date of publication on the Site.

These Sales Terms apply only to consumer buyers, i.e., those subjects who have made the purchase for purposes other than commercial, entrepreneurial, or professional artisanal activities. The selling party is the company AW&E.

Purchases of Products made through the Site are governed by these Sales Terms, Legislative Decree 206/2005, the rules on electronic commerce pursuant to Legislative Decree 70/2003, as well as the current laws contained in the Italian Civil Code.

The Consumer is therefore required to carefully read these General Terms before making any type of purchase.

1. Order submission and contract formation

1.1 The purchase of Products and Services offered on the Site is reserved exclusively for all interested users, within the limits specified below (the "Users").

1.2 To purchase Products and Services through the Site, the User shall be of legal age and have the capacity to act. The purchase of Products is limited to the territory of Italy only.

1.3 To proceed with the purchase, the User shall register on the Site (if required) and access the dedicated area, where it will be possible to select the proposed Products and Services. The selection takes place through the insertion of Products and/or Services in the appropriate virtual cart. Up to that point, it is possible to modify orders, canceling or confirming the reservations made.

1.4 It is possible to purchase a maximum of n. 10 Products per vintage. The total amount to be paid will appear automatically in the virtual cart. By adding shipping information and privacy preferences, it is possible to finalize the order by accessing payment with a credit card, debit card, or prepaid card.

1.5 Following payment, an email confirmation of receipt of the order will be sent to the declared email address.

1.6 The purchase contract between the Parties is executed when the User receives confirmation of payment and acceptance of the order.

1.7 AW&E may not accept orders containing incomplete or inaccurate information or referring to Products or Services that are not available. In this case, AW&E's Customer Service will try to contact the User to try to finalize the order.

2. Modification and cancellation of the order

2.1 After placing the order and receiving confirmation of payment, it will no longer be possible to make changes.

2.2 AW&E reserves the right, without incurring any liability, to cancel any purchases that are not consistent with the personal use of the service (which shall be unrelated to any commercial, entrepreneurial, and professional activity) and with these Sales Terms.

3. Characteristics of Services and Products - Prices

3.1 The Services and Products that are the subject of the sale are described on the Site. The visual representation of the Products within the Site is intended solely to present the product.

3.2 The characteristics of the Services and Products are described on the Site; in particular, the Services include wine tourism itineraries that comprise a visit to the cellar and tasting of iconic products of the estate; the Products are bottles of Bertani wine.

3.3 It is only possible to purchase the Services and Products present on the Site, and it is not possible to request any variation.

3.4 Even after sending the order confirmation email, cases of partial/total unavailability may occur. In such cases, the User will be promptly informed via email.

3.5 In case of unavailability of a Product or Service, the User will have the right to terminate the purchase contract pursuant to and for the purposes of Article 61, IV and V paragraph, of the Consumer Code. Alternatively, the User may accept:

  • For Products:
    1. - If replenishment is possible, an extension of the delivery terms offered by the Seller, with indication of the new delivery date;
    2. - If replenishment is not possible, the Seller will provide a different product of equal or greater value, subject to payment, in the latter case, of the difference, and subject to the express acceptance of the User.
  • For Services:
    1. - If possible, a change in the date of the wine tourism service.

To cancel the reservation or change the date, the User can send an email to the address bertani@bertani.net

3.6 If a refund is requested for the purchase of Services or Products that have then proven to be unavailable, the Seller will refund the amount paid within a maximum of 30 days.

3.7 For each Service and Product, the purchase price is indicated, expressed in euros, inclusive of VAT, packaging costs and any indirect taxes.

3.8 The prices of Services and Products indicated on the Site may be subject to change without notice; however, the price indicated on the Site at the time of the User's order creation will always be applied.

3.9 The price includes shipping costs, where applicable.

4. Payment

4.1 Payment shall be made at the time of confirmation of the purchase order by the User, who shall choose in the appropriate reserved area the payment method to be used. Payment can only be made with a credit card, debit card, or prepaid card.

4.2 Payment of the consideration can only be made after filling in all the fields described on the Site.

4.3 In case the payment of the order is not successful, the bank will immediately communicate it in the same online payment screen.

4.4 Following the payment, the User can request a copy of the corresponding invoice which, in any case, will be available in the reserved area on the website of the Italian Revenue Agency.

4.5 In case of cancellation of the Service reservation in the 5 working days preceding the date of the event or in case of non-participation in the same, AW&E reserves the right to retain, as a penalty, an amount equal to 50% of the price paid for the Service.

 

5. Shipping and delivery

5.1 Delivery times start from the sending of the order confirmation email to the User.

5.2 The Products ordered by the User and confirmed by AW&E will be sent by courier. The delivery times of the Products indicated on the Site are merely indicative and are approximately 2 working days. AW&E undertakes to do everything in its power to respect them and, in any case, to deliver the Products within 10 (ten) days from the day following the transmission of the order by the User.

5.3 AW&E is not responsible for any delays caused by events attributable to the courier or in case of force majeure.

5.4 In case of non-delivery of the Package due to temporary unavailability, AW&E will send written communication to the User's email address, providing a refund for the amount already paid.

5.5 At the time of delivery of the Products by the courier, the User is required to check that: (i) the packaging is not damaged and/or visibly altered; (ii) the number of products delivered corresponds to what is indicated in the Transport Document. Any damage or non-correspondence of what is delivered with what was ordered shall be immediately contested with the courier and "accepted with reservation," or refused.

6. Right of withdrawal

6.1 Users may decide to withdraw from the contract of sale of the Product and/or Services, without having to provide any reason, within 14 days from the day on which the Product was delivered or the Service was purchased, pursuant to articles 52 and following of the Consumer Code. The right of withdrawal will regard the Product or the Service purchased in its complete composition and not a specific single good that composes it.

6.2 The withdrawal can be exercised by sending a communication to AW&E at the following email address info@bertanithelibrary.com and bertani@bertani.net , including personal data and contact information and the order number for which the withdrawal is exercised.

6.3 Following the above communication, the Customer Service will send, by email, the instructions for returning the product received, by returning it to the courier responsible for collection.

6.4 The return shall take place without undue delay and, in any case, within 14 days of the communication of withdrawal. The deadline is considered to be respected if the product is delivered to the courier, indicated by AW&E for collection, before the expiration of the 14-day period.

6.5 The Product shall arrive complete with all the goods that make it up, each of which shall be new, intact and in perfect condition - free of damage or signs, even minimal, of wear - in its original packaging, with all accessories, components, and illustrative materials with which it was delivered at the time of delivery. Otherwise, if even one of these conditions is not met, the withdrawal cannot be considered validly exercised and AW&E cannot proceed with the refund; in this case, Users can choose to have the purchased products again at their own expense.

6.6 Within 30 days of the notice of withdrawal, AW&E will proceed with the refund of any payments received by crediting the amount on the same payment instrument used for the purchase.

7. Seller's Warranty and Conventional Guarantees

7.1 All Products sold on the Site are covered by the legal warranty of conformity for a period of 2 (two) years from delivery. For a lack of conformity it means that defect for which the product (i) is not in compliance with the description provided and does not have the qualities presented with the offer (ii) is not suitable for the use for which that type of product is normally intended; (iii) does not present the qualities and characteristics of a product of the same type that can be reasonably expected, taking into account the nature of the item and its specific characteristics.

7.2 In case of non-conformity, Users can request, at no cost, the replacement of the Product by contacting the Customer Service via email info@bertanithelibrary.com; in this case, the User will be required to make the product to be replaced available to AW&E, following the instructions that will be provided. If the replacement should prove impossible or excessively burdensome for AW&E in relation to the value of the good, Users will have the right to a reduction of the price paid or to the resolution of the contract with the consequent refund of the entire price paid.

8. Responsibility of AW&E and the Logistics Operator

8.1 AW&E is responsible for the sale of products, the obligations arising from the legal warranty of conformity, any customer complaints relating to the purchased products, and the management of returns. The Logistics Operator used by AW&E is responsible for shipments and deliveries.

8.2 AW&E shall not be liable for any failure or delay in the performance of the order caused by events that are beyond its reasonable control ("Force Majeure Events"). Examples of Force Majeure Events include, but are not limited to: (i) strikes, lockouts, or other labor unrest, (ii) riots, civil unrest, invasion, terrorist attacks or threats of terrorist attacks, war (declared and undeclared), or threats of war, (iii) fires, explosions, storms, floods, earthquakes, landslides, epidemics, or other natural disasters, (iv) inability to use railways, sea shipments, air, motor transport or other means of public or private transport.

9. Applicable law and jurisdiction

9.1 These Sales Conditions are governed and shall be interpreted in accordance with Italian law. Due to the quality of the consumer, the court of the place of residence or domicile of the Consumer shall have jurisdiction over disputes relating to the contract entered into. In the event of a dispute with a subject other than the Consumer, as defined above, the exclusive jurisdiction shall be that of Verona.

9.2 AW&E also inform Users that the European Commission provides a platform for the alternative extra-judicial resolution of disputes, accessible on the website http://ec.europa.eu/odr, to which you may refer in case of disputes arising from these Sales Conditions.

 
   

[Version last updated April 2024]