General Terms and Conditions of Sale
Updated on the 28th of April 2020
The following General Terms and Conditions of Sale regulate the offer and sale of products on this website www.cantinahorus.com (Site).
The products purchased on the Site are offered and sold by Società Agricola Horus 2 s.r.l., registered office in Via Curtatone 249, 97019 Vittoria (RG), capital soc. 10,000 euros i.v. VAT n° IT01452580887, Cam.Com SUD EST SICILIA REA RG-120501, as Data Controller of personal data processing (hereinafter called as Cantina Horus).
1. FIELD OF APPLICATION
1.1 The sale of products through the Site (Products) constitutes a distance contract governed by Chapter I, Title III (articles 45 and following) of D. Leg. n. 206, 6 September 2005, (Consumer Code) and D. Leg. n. 70, 9 April 2003, containing the discipline of electronic commerce.
1.2 “General Terms and Conditions of Sale” can be changed at any time. Any changes and/or new conditions will be effective from the moment of their publication on the Site. For this reason, users are invited to regularly access the Site and to consult, before making any purchase, the most updated version of the “General Terms and Conditions of Sale”. The applicable “General Terms and Conditions of Sale” are those in force at the date of sending the purchase order.
1.3 These “General Terms and Conditions of Sale” do not regulate the sale of products and/or the provision of services by persons other than Cantina Horus that are present on the Site through links, banners or other hypertext links. Before making commercial transactions with such subjects it is necessary to check their conditions of sale. Cantina Horus is not responsible for the provision of services and/or for the sale of products by such persons or entities. Cantina Horus does not carry out any checks and/or monitoring about their activities. Therefore, Cantina Horus is not responsible for the contents of these sites nor for any errors and/or omissions and/or violations of the law by them.
2. PURCHASES ON SITE
2.1 By reference to Italian citizens, sales on the Site are reserved only for those who have reached the age of 18. Buyers who are not Italian citizens can buy Products on the Site only if they are over 18 years old, if this is provided by their own national law. If no legislation exists in this regard, Buyers must be at least 21 years old.
In any case, the user who makes purchases on the Site undertakes to indemnify Cantina Horus from any liability in the event that it has made purchases on the Site without complying with age requirements provided by its national law.
2.2 Cantina Horus reserves the right to refuse or cancel orders that come from (i) a user with whom it has a legal dispute in progress; (ii) a user who has previously violated these “General Terms and Conditions of Sale” and/or the terms of a purchase contract with Cantina Horus; (iii) a user who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments; (iv) a user who has issued false, incomplete or inaccurate identification data or who has not promptly sent to Cantina Horus the requested documents under these “General Terms and Conditions of Sale” or who has sent them invalid documents; (v) a user who does not give sufficient guarantees of solvency. In any case, Cantina Horus reserves the right to cancel orders referring to transactions that do not present the highest level of genuineness.
2.3 By regard to purchases on the Site, it could occur that: the purchase process contains one or more material errors; the Product Sheet, as defined below, contains incorrect information for material errors (e.g.: Product price); because of a material error a Product is indicated as available and instead it is not in the preparation phase of the order. In these cases, or in similar cases, the user can request the cancellation of the order or obtain, in agreement with Cantina Horus, a different Product, after eventual adjustment of the purchase cost.
3. REGISTRATION ON SITE
3.1 The purchase of Products on the Site is allowed only to registered users.
3.2 Registration credentials must be used exclusively by the user and can’t be transferred to third parties. The user undertakes to keep them secret and to ensure that no one has access to them, as well as to inform Cantina Horus without delay in case of suspected improper use and/or disclosure of such credentials. The user guarantees that the personal information provided during the registration procedure on the Site is complete and truthful. The user agrees to keep Cantina Horus immune from any damage, liability obligation and/or sanction arising from and/or in any way related to the violation by the user of the rules on registration on the Site or on the maintenence of registration credentials.
4. INFORMATION DIRECT TO THE CONCLUSION OF THE CONTRACT
4.1 In accordance with D. Leg. n. 70, 9 April 2003, that bears the provisions on electronic commerce, Cantina Horus informs the user that:
• to conclude the purchase contract for one or more Products on the Site, the user must complete an order form in electronic format and transmit it to Cantina Horus, electronically, following the instructions that appear on the Site and that accompany the different phases of the purchase;
• the contract is concluded when the order form reaches Cantina Horus server;
• the order form will be stored in Cantina Horus database for the time necessary to process the order and, in any case, according to the law. To access the personal order form the user can consult his account.
5. VALIDITY OF OFFERS AND PRICES
5.1 All prices of the Products are expressed in Euro (€) and are inclusive of Value Added Tax (“VAT”), unless otherwise specified. Any additional cost will be expressly and separately indicated in the order form, before the user proceeds to transmit the order.
5.2 The price of the Products may be changed by Cantina Horus at any time, without notice. In any case the price charged to the user is the one published on the Site in the page with detailed description of the Product at the moment of order confirmation by the user. Any changes (increasing or decreasing) in price after the order transmission will not be taken into account.
5.3 On the Site can be offered for sale Products at discounted prices. In this case, the original price is indicated crossed on the Site (Crossed Price) and the sale price, that is charged to the client, is indicated next to it not crossed.
6. PURCHASE ORDERS – PRODUCTS INFORMATION
6.1 Cantina Horus will process the purchase order, and then dispatch the purchased Product, with the exception of orders for which the Customer has chosen “in cash to the courier” as payment method, only after receiving confirmation of authorization to the payment of the total amount, consisting of the purchase price, delivery costs, if applied, and any other additional cost, as indicated in the order form (Total Amount Due). If Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will therefore be terminated pursuant to and in line with art. 1456 c.c.
6.2 The Products will remain the property of Cantina Horus until payment of the Total Amount Due by the user. The risk of loss or damage to the Products, for reasons not attributable to Cantina Horus, will be transferred to the user when the user, or a third party designated by him and different from the carrier, physically come into possession of the Products.
6.3 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. Furthermore, the images of the Product present in the Product Sheet may be different for vintage and/or dimensions or in relation to any accessory products. These images must therefore be interpreted as indicative. For the purpose of the purchase contract, the description of the Product contained in the order form transmitted by the user will be considered valid.
6.4 All wines contain sulfites, as the process of wine production itself involves the presence of sulfites. Nevertheless other sulfites can be added in the process of production of wine; in some cases, however, it is possible that there are no “added” sulfites in a given wine.
6.5 The purchase of gift vouchers does not affect the payment threshold which, once exceeded, gives the user the right to obtain free delivery of the Products.
7. AVAILABILITY OF PRODUCTS
7.1 The products presented on the Site are limited in number. It may therefore happen, also due to the possibility that several users buy the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.
7.2 In any case of unavailability of the ordered Product, without prejudice to the rights attributed to the user by the law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, the user will be promptly informed by e-mail or by phone. The user will then be entitled to terminate the contract, pursuant to and in line with the provisions of art. 61, IV and V comma, of the Consumer Code. In the event that the user makes use of the right of resolution pursuant to art. 61, IV and V comma, Consumer Code, or in any case in which the payment of the Total Amount Due has already occurred, Cantina Horus will reimburse this amount without undue delay and, in any case, within the maximum period of 15 working days from the date of payment. This amount will normally be credited to the same payment method used by the user for the purchase or the different means agreed between the user and Cantina Horus. Possible delays in crediting may depend on the bank, the type of credit card or the payment solution adopted.
7.3 In the case of orders relating to multiple Products (Multiple Order), if the unavailability occurs only for some Products object of the Multiple Order, without prejudice to the rights attributed to the user by law, and in particular by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of art. 7.2, Cantina Horus will immediately notify the user of such fact by e-mail or telephone. The user will therefore be entitled to terminate the contract, limited to the Product (s) that has become unavailable, pursuant to and for the purposes of the provisions of art. 61, IV and V comma, of the Consumer Code. In the event that the user makes use of the right to terminate as per art. 61, IV and V paragraph, Consumer Code, in relation to the product/s that has become unavailable or in any case in which the payment of the Total Amount Due has already occurred, Cantina Horus will refund the amount due in relation to such Product (s), including delivery costs and any other additional costs due in connection with these Products (Due Partial Amount) without undue delay and, in any case, within the maximum period of 15 working days from the moment of sending the order. The refund amount will be communicated to the user by e-mail or telephone. This amount will be credited through the same payment method used by the user for the purchase or via the means eventually agreed between the parties. Possible delays in crediting may depend on the bank, the type of credit card or the payment solution adopted. The resolution of the whole Multiple Order will be possible only in the case of evident and proven ancillary nature of the Products object of the Multiple Order that become unavailable compared to the other Products object of the Multiple Order that are available.
8. DELIVERY OF PURCHASED PRODUCTS
8.1 The delivery obligation is fulfilled at the moment of transferring the material availability or otherwise by the control of the Products to the user.
It is up to the user to check the conditions of the Product that has been delivered to him/her or that he/she has withdrawn. Notwithstanding that the risk of loss or damage of the Products, for reasons not attributable to Cantina Horus, is transferred to the user when the user, or a third party designated and different from the carrier, physically comes into possession of the Product, is recommended that the user checks the number of Products received and that the packaging is intact, undamaged, not wet or otherwise altered, also regarding packaging materials like tapes and the user is invited, in his interest, to indicate on the carrier’s transport document any anomalies, accepting the package “with RESERVE” (user must write “Reserve” and the reason of it). The receipt of the Products without express “Reserve” written, in fact, does not allow the user to take legal action against the courier and/or Cantina Horus, in the event of loss or damage of the Products, except in the event that the loss or damage is due to fraud or gross negligence of the courier and except for partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it becomes known and no later than eight days after receipt. In the event that the package shows evident signs of tampering or alteration, it is also recommended that the user promptly notifies Cantina Horus Customer Service. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid.
8.2 The provisions of art. 61 of the Consumer Code apply in the event that the purchased Product is not delivered or is delivered late as compared to the delivery terms indicated during the purchase process and in the order confirmation.
9. METHODS OF PAYMENT
9.1 The payment of the Products can be made by credit or debit card, through the PayPal payment solution, cash on delivery or bank transfer. In the event that one of these payment methods/solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase procedure.
9.2 Payment by credit or debit cards
9.2.1 The payment of the Products can be made by credit or debit card directly through the Site.
9.2.2 In order to guarantee the security of payments made on the Site and to prevent fraud, Cantina Horus reserves the right to ask the user, via e-mail, to send, through the same means, a two-sided copy of his own identity document and, in the event that the holder of the order is different from the card holder, copy of the identity document of the latter. The document must be valid. In the request e-mail the term within which the document must be received by Cantina Horus will be specified. In any case, this deadline will not exceed 5 working days from receipt of the request by the user. Pending the requested document, the order will be suspended. The user is required to send the requested documents within the indicated period.
9.2.3 In the event that Cantina Horus does not receive these documents within the deadline specified in the request e-mail or receives expired or invalid documents, the contract will be deemed terminated pursuant to and in line with art. 1456 c.c. and Cantina Horus may reserve the right to cancel the order, with subsequent refund of the Total Amount Due.
9.2.4 In the case of receipt by Cantina Horus of documentation valid within the term indicated in the e-mail referred to in art. 9.3.2 above, the delivery terms will start from the date of receipt of such document.
9.2.5 The confidential data of the credit card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment operator without passing through the servers that Cantina Horus uses. Cantina Horus has never access and does not store any data of the credit card used by the user for payment of the Products (this also in the case in which the user has decided to store the data of the credit card on the Site), with the exception of card holder name.
9.3 Payment by PayPal payment solution
9.3.1 The payment of the Products purchased on the Site can be made using the PayPal payment solution. If the user chooses PayPal as a means of payment, he will be redirected to the www.paypal.it website where he pays for the Products according to the procedure established and regulated by PayPal and the terms and conditions agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by suc site and will not be transmitted or shared with Cantina Horus. The latter is therefore not in a position to know and does not store in any way the data of the credit card connected to the users of PayPal account or the data of any other payment instrument connected to that account.
9.3.2 In the case of payment by PayPal, the Total Amount Due will be charged by PayPal to the user at the same time as the conclusion of the contract through the Site. In case of resolution of the purchase contract and in any other refund case, for any reason, the amount of reimbursement due to the user will be credited to the PayPal account of the same, unless otherwise agreed between the User and Cantina Horus. Timing of charging depends exclusively on PayPal and the banking system. Once the credit order is placed in favor of such account, Cantina Horus can’t be held responsible for any delays or omissions in the crediting of the amount of the refund, and in order to contest this, the user must directly contact PayPal.
9.4 Bank transfer
9.5.1 If the user decides to pay by bank transfer, the order will be sent as soon as Cantina Horus has received the payment of the full amount related to the order.
10. RIGHT OF WITHDRAWAL
10.1 The user qualified as a final consumer has the right to withdraw from the contract concluded with Cantina Horus without incurring costs other than those indicated in this article and without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:
• in the case of an order related to a single Product, from the day on which the user or a third party, other than the courier and designated by the user, acquires the physical possession of the Product;
• in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party other than the courier and designated by the user acquires the physical possession of the last Product;
• in the case of an order relating to the delivery of a product consisting of multiple lots or pieces, from the day on which the user or a third party other than the courier and designated by the user acquires physical possession of the last lot or piece.
10.2. To exercise the right of withdrawal, the user must inform Cantina Horus of his decision to withdraw, before the expiry of the Withdrawal Period.
10.3 To exercise the right of withdrawal, the user must send an email to firstname.lastname@example.org with an explicit declaration of his decision to withdraw from the contract (Declaration of Withdrawal). Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period is incumbent on the user, it is in the user’s interest to keep a copy of the mail sent to Cantina Horus with withdrawal request.
10.4 For the return of the product, the user can use a carrier of his choice with return costs paid by the user: in this case, the user, after exercising the right of withdrawal in the manner indicated in this article must return the Product to Cantina Horus, using a carrier of its own choice and at its own expense, without undue delay and in any case within 14 calendar days from the date in which he communicated his decision to withdraw from the contract with Cantina Horus The deadline is respected if the user returns the Product before the expiry of the period of fourteen days. The Product, appropriately protected and packed, must be sent to the following address:
Società Agricola Horus 2 s.r.l., place of business C/da Porrazzito, snc – 97011 Acate (RG)
Tel. +39 0932 1838739, Hours: 8: 30-12: 30 14: 00-16: 30
The costs of returning the Product to Cantina Horus are the responsibility of the user. The return of the Product to Cantina Horus takes place under the responsibility of the user.
If the user has used a discount code for the purchase of the product for which he exercised the right of withdrawal, the refund will be made only with reference to the sum of money actually spent by the user, and not with regard to the value of the discount code.
10.5 If the user withdraws from the contract, Cantina Horus will refund the Total Amount Due paid by the user for the Product, without undue delay and in any case no later than 14 calendar days from the day on which Cantina Horus received the Products object of withdrawal in the same conditions in which they were sold. The refund will be made using the same means of payment used by the user for the initial transaction or different means agreed between the parties; in any case, the user will not incur any additional cost as a consequence of such reimbursement.
10.6 In the case of partial withdrawal, the amount of delivery costs to be returned to the user following the withdrawal will be calculated in proportion to the value of the object to be withdrawn.
10.7 The user is solely responsible for the decreased value of the goods resulting from the handling of the Product. The Product must in any case be kept, handled and inspected with due diligence and returned intact, complete in all its parts, accompanied by all the accessories present, still attached to the Product, intact and not tampered with, as well as free of signs of wear or dirt. Furthermore, the withdrawal is applied to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories (which don’t constitute autonomous Products) of the Product.
10.8 In the event that the withdrawal is not exercised in accordance with the applicable legislation, it will not involve the termination of the contract and, consequently, it will not give right to any reimbursement. Cantina Horus will inform the user, rejecting the request for withdrawal. The Product, if already received by Cantina Horus, will remain at Cantina Horus premises, available for collection by the user. Such collection will at the expense and under the responsibility of the user.
10.9 In the event that the Product for which the withdrawal was exercised has decreased in value resulting from the handling of the goods other than what necessary to clearly identify the same, the amount of reimbursement will be reduced by an amount equal to the decrease in value. Cantina Horus will inform the user of this fact and of the consequent decrease of the reimbursement amount, by providing him, in the case in which the reimbursement has already been paid, the bank details for the payment of the amount due by the user because of the decrease in value of the product.
10.10 In the event that the right of withdrawal does not apply, this exclusion will be given specific and express notice in the Product Sheet and, in any case, during the purchase process, before the user proceed with the transmission of the order. In any case, the user is reminded that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, inter alia, in the event that the sale relates to:
(i) tailor-made or clearly personalized products;
(ii) sealed products that are not suitable to be returned for hygienic reasons or related to health protection, which have been opened after delivery.
11.1 By placing an order on the Site, the user gives his consent to receive the invoice, if requested, only in electronic format. The invoice can be printed and filed as original in accordance with Ministerial Circular 45/E, 19/10/2005. For the issuance of the invoice, will be used the information provided by the user, that has the responsability to provide them authentic and correct. The user undertakes the commitment to keep Cantina Horus free from any liability or damages, including sanctions issued by the competent authorities, that may derive in case of non-compliance with the truth of such information.
11.2 Cantina Horus is a registered trademark. Photos, texts, descriptions and everything on the Site are the exclusive property of Società Agricola Horus 2 s.r.l., registered office in Via Curtatone 249, 97019 Vittoria (RG), VAT n° IT01452580887, Cam.Com SUD EST SICILIA REA RG-120501. The complete or partial reproduction of any part of the Site is forbidden; it is also forbidden the reproduction of texts or photos for any use and in any form and in any case without prior written authorization of Società Agricola Horus 2 s.r.l.
11.3 Cantina Horus is not responsible for any damage suffered by the user of by third parties (or thier belongings) due to delays in delivery or use of the Product.
12. APPLICABLE LAW AND THE PLACE OF JURISDICTION; OUT-OF-COURT SETTLEMENT OF DISPUTES – ALTERNATIVE DISPUTE RESOLUTION / ONLINE DISPUTE RESOLUTION
12.1 Contracts concluded between users of the Site and Cantina Horus are governed by Italian law. This is applicable also to consumers who do not have their usual residence in Italy and cases of possible more favorable and mandatory provisions provided for by the law of the country in which they are habitually resident, in particular in relation to the deadline for the exercise of right of withdrawal, at the end for the return of the Products, in case of exercise of this right, the modalities and formalities of the communication of the same and the legal compliance assurance.
12.2 Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, n.206 (Consumer Code), Cantina Horus, in case of a User that holds the status of Consumer as per art. 3, paragraph 1, lett. a) of the Consumer Code and in the event he sent to Cantina Horus a complaint that was not been possible to be resolved through negotiation, Cantina Horus will provide to him information about Alternative Dispute Resolution Organizations to solve the disputes relating to obligations arising from a contract concluded in accordance with these “General Terms and Conditions of Sale” (cc.d .. ADR entities, as indicated in articles 141-bis and subsequent of the Consumer Code).
Cantina Horus also informs the user who holds the status of consumer as per art. 3, paragraph 1, letter a) of the Consumer Code that it was created a European platform for online resolution of consumer disputes (ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer can read the list of ADR bodies, find the link to the site of each of them and start an online resolution procedure of the dispute in which it is involved.
In any case, users maintain the right to refer their disputes to ordinary court, responsible for disputes deriving from the application or interpretation of these “General Terms and Conditions of Sale”.
12.3 User who reside in a member state of the European Union other than Italy, can also access, for any dispute concerning the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for disputes of modest size, by Regulation (EC) n. 861/2007 of the Council, 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation can be found at www.eur-lex.europa.eu.
13. LEGAL COMPLIANCE ASSURANCE
All the Products sold on the Site are covered by the Legal Compliance Assurance provided for by the articles. 128-135 of the D. Leg. n. 128-135 of the Consumer Code (Legal Assurance). The Legal Assurance is reserved for consumers. Therefore, it is applied only to users who have made the purchase on the Site for purposes unrelated to business, commercial, craft or other professional activities. Those who have purchased on the Site and who do not hold the quality of consumers will be covered by the assurance for the defects of the Product sold, the assurance for quality defects promised and essential and the other assurances provided by the Civil Code with the related terms and limitations.
14 CUSTOMER SERVICE AND COMPLAINTS
14.1 It is possible to request information, send communications, request assistance or submit complaints, by contacting the Customer Service in the following ways:
• Telephone: +39 0932 1838739 (Monday to Friday: 9: 30-13: 00 and 15: 00-15: 30)
• Email: email@example.com
14.2 Cantina Horus will respond promptly to the complaints presented, in any case within five working days from the receipt.