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General terms and conditions of sale

chi-siamo-5
chi-siamo-5

The following General Terms and Conditions of Sale govern the sale of products and services (hereinafter referred to as Products) on the website (hereinafter referred to as Website) belonging to:

Hic et Nunc S.r.l. Società Agricola (hereinafter referred to as Hic et Nunc)

Località Ca’ Milano 7A/B – 15049 Vignale Monferrato (AL)

VAT N.: 02356550067

Certified email: camilano@pec.it

Telephone: +39 0142 67 01 65;

Email: info@cantina-hicetnunc.it

GENERAL TERMS AND CONDITIONS

These terms and conditions govern the sale of the Products by Hic et Nunc via the Website in compliance with the regulations specified in Italian Legislative Decree n. 206 dated 6 September 2005 (Consumer Code) and in Italian Legislative Decree n. 70 dated 9 April 2003. The General Terms and Conditions of Sale may be modified at any time. Any modifications or amendments will be published on the Website and will be applicable from the moment of their publication. Before making any purchases, Customers are advised to consult the latest version of the General Terms and Conditions of Sale in force at the moment of transmission of the purchase order.

MINIMUM AGE REQUIREMENTS

The sale of the Products is reserved to Clients of adult age. Hic et Nunc cannot be held responsible for situations in which the Customer operates in violation of current regulations regarding purchase restrictions based on age.

REGISTRATION ON THE WEBSITE AND CANCELLATION

The registration and access credentials are personal and cannot be transferred by the Customer to third parties. The Customer declares that the information provided during registration is truthful and correct. Hic et Nunc cannot be held responsible in the event that the Customer provides data that are incorrect and/or untrue. The Customer may request cancellation of the user profile via request sent to the email address info@cantina-hicetnunc.it

PRODUCT CHARACTERISTICS AND PRICES

The Product characteristics are shown on the relative information page on the Website. The Product prices are shown in Euro and are inclusive of VAT (value-added tax), save for indications to the contrary. All further or additional costs will be expressly indicated in the “Basket Total” before the order is confirmed. Product prices may be modified by Hic et Nunc at any time, without prejudice to the fact that the price charged to the Customer will be equal to that indicated on the Product information page on the Website at the moment of sending the order and shown in the “Basket Total”.

The images and descriptions on the Website represent the Product characteristics as accurately as possible. However, these images are to be considered as indicative and viewed with a reasonable level of tolerance. For the purposes of the purchase contract, reference will be made to the Product description contained in the order summary sent by the Customer.

PRODUCT AVAILABILITY

In the event that one or more of the Products ordered and purchased from the Website by the Customer are no longer available after the order has been sent, Hic et Nunc will undertake to promptly inform the Customer within 2 working days from receipt of the order. Within 24 hours from receipt of said communication, the Customer will have the right to: withdraw from the purchase contract, cancelling the order and obtaining a refund of the sum paid within 7 working days, or request the substitution of said products with others available from Hic et Nunc, or – in the event that the order is for multiple products – confirm purchase exclusively of the available products, receiving a refund for the sum paid relative to the cost of the unavailable products within 7 working days.

The sums to be refunded will be paid by Hic et Nunc via credit to the same form of payment used by the Customer for the purchase.

HOW TO BUY

The Customer selects the products that they intend to purchase by clicking on the “add to basket” button. The Customer may view the contents of the basket at any time by clicking on the button “View basket”, which will also allow them to modify the quantity or eliminate the products. In this area, the Customer will have the opportunity to enter Promotional Codes and/or Gift Vouchers.

After having checked the content of the basket and the total costs shown in the “Basket Total”, the Customer can proceed with sending the order.

If the Customer is already registered on the Website, all they have to do is enter the email address and password chosen during registration. If not registered, they will be given the possibility of accessing as a guest by filling in the form with the necessary information.

Each order for Products sent to Hic et Nunc constitutes a contractual proposal by the Customer and is therefore binding for Hic et Nunc only if confirmed as received by the latter.

Hic et Nunc reserves the right to refuse or cancel orders from:

  • users who are involved in current legal action;
  • users who have previously breached these Terms and Conditions of Sale and/or the Terms and/or Conditions of a purchase contract with Hic et Nunc;
  • users who have been involved in fraud of any kind and, in particular, in fraud regarding credit card payments;
  • users who have provided false, incomplete or in any case inexact personal details.

Once the order has been received, Hic et Nunc will send the Customer an order confirmation to the email address provided on registration or during the order process, which will contain a summary of the products purchased and relative prices as well as the delivery costs, together with contact information for support.

In the event that the order is for “experiences” and/or stays at Ca’ dell’Ebbro, the Customer will receive a communication sent to the email address provided on registration or during the order process, which contains confirmation of the booking and contact information for support.

The Customer may cancel the order made only if the items have not yet been sent, and in any case within 72 hours from order confirmation. Once said period has passed or if the Products have already been sent, the Customer may exercise their right to withdrawal under the conditions and in accordance with the procedures indicated in the general terms and conditions.

SHIPPING COSTS AND TIMES

Shipping and delivery are at a fixed cost of € 19.90 for destinations in Italy. Delivery is free of charge for orders of 6 bottles or more. For shipping abroad, Customers may request information by writing to info@cantina-hicetnunc.it

Within 2 working days from receipt of payment, Hic et Nunc will undertake to pass on the goods to a courier for delivery, which will take place within seven working days.
The obligation to consign is completed with the transferring of material availability or control of the Products to the Customer.

It is the Customer’s responsibility to verify the condition of the Products delivered. Without prejudice to the fact that the risk of loss of, or damage to, the Products for reasons that are not the responsibility of Hic et Nunc is transferred to the Customer when the same, or a third party designated by the same and other than the transporter takes material possession of the Products, the Customer is advised to verify the number of Products received and that the packaging and any materials used to seal the same is intact, undamaged, dry and in any case unaltered. In the event that the packaging shows clear signs of tampering or alteration, the Customer is also advised to promptly inform Hic et Nunc by writing to info@cantina-hicetnunc.it, attaching photographic evidence of the condition of the unopened packaging. In any case, the regulations regarding the right to withdrawal and legal warranties apply.

METHOD OF PAYMENT

Payment for Products can be carried out via:

  • PayPal
  • Credit card – via the PayPal circuit.

The data provided via the PayPal website will be processed directly by the same and will not be transmitted to or shared with Hic et Nunc.

In the event of payment via PayPal, the total amount due will be charged by PayPal to the user on conclusion of the contract via the Website. In the event of termination of the purchase contract and in any other case of refund for whatever reason, the sum of the refund due to the Customer will be paid to the PayPal account of the same, save for alternative arrangements agreed between the Customer and Hic et Nunc. The time necessary for refunds to be made to the method of payment connected to the aforementioned account depends exclusively on PayPal and the banking system. Once the refund has been ordered for the aforementioned account, Hic et Nunc cannot be held responsible for any delays or omissions in the amount refunded to the Customer, and any necessary complaints must be made directly to PayPal.

ELECTRONIC INVOICE

The fiscal documentation relative to the products ordered will be issued by Hic et Nunc together with the sending of the same to the Customer. In the event of purchase or Gift Vouchers, Experiences or Stays, the fiscal documentation relative to the purchase will be issued by Hic et Nunc via the relative structure at the moment that the relative product is used. In the event that purchase is made by a holder of a VAT number requiring a VAT invoice, this can be requested during the order process by selecting the relative items. By making an order via the Website, the user grants their consent to receiving the requested invoice in electronic format only. The information used to issue the invoice will be that provided for the purpose by the Customer, who declares and guarantees that said information is correct, undertaking to indemnify and hold harmless Hic et Nunc from all damages, including any sanctions issued by relative authorities, as a result of any inaccuracies in the aforementioned information.

RIGHT OF WITHDRAWAL

The Customer, in the role of consumer, has the right to withdraw from the contract concluded with Hic et Nunc without further cost other than those indicated in this article and without having to specify the reason within fourteen (14) calendar days (Withdrawal Period):

  • in the case of orders for a single product from the day on which the Customer or a third party other than the transporter and designated by the Customer acquires physical possession of the product;
  • in the case of orders for multiple products with separate consignment dates from the day on which the Customer or a third party other than the transporter and designated by the Customer acquires physical possession of the final product;
  • in the case of orders regarding the consignment of a product consisting of multiple batches or items, from the day on which the Customer or a third party other than the transporter and designated by the Customer acquires physical possession of the final batch or item.

In order to exercise the right of withdrawal, the Customer must inform Hic et Nunc of their decision to withdraw within the aforementioned period of 14 working days by sending a request to the email address info@cantina-hicetnunc.it.

For the return of the Product, the Customer may make use of a transporter of their choice with return costs paid by the same. In this case, after having exercised the right of withdrawal in the manner indicated in this article, the Customer must undertake to return the Product to Hic et Nunc via a transporter of their choice, under their own responsibility and at their own cost, without unjust delay and in any case within 20 calendar days from the date on which they informed Hic et Nunc of their decision to withdraw. The Product must be appropriately protected and packaged and sent to the following address: Hic et Nunc S.r.l. Società Agricola, Località Ca’ Milano 7A/B – 15049 Vignale Monferrato (AL).

Once Hic et Nunc have received the returned product in a perfectly integral state in its packaging, within 14 working days the same will undertake to refund the total amount due as paid by the Customer for the returned product. The refund will be paid via the same payment method used by the Customer to purchase the Product, save for agreements to the contrary between the parties.

The Product must be returned intact and fully complete, in its original packaging, accompanied with all relative accessories still attached and devoid of all signs of usage or dirt. The return procedure is applicable to the Product as a whole. It cannot therefore be applied with regards to parts and/or accessories of the Product (which do not constitute autonomous Products).

In the case that the right of withdrawal has not been exercised in compliance with the previsions of the applicable regulations, this will not result in the termination of the contract and, therefore, the Customer will not have the right to any form of refund. Hic et Nunc will, in this case, inform the Customer that their request for withdrawal has been denied. In the event that the Product has already been returned to Hic et Nunc, it will remain available for collection by the Customer, under the responsibility and at the expense of the same.

Customers are reminded that, pursuant to the Consumer Code, right of withdrawal is excluded in the case that the sale contract concerns:

  • products made to measured or clearly personalised;
  • sealed products that are not suitable for return for reasons of hygiene or regarding the safeguarding of health, or that have been opened after delivery;
  • products that risk deterioration or rapid expiry.

LEGAL WARRANTY OF CONFORMITY

All the Products sold on the Website are covered by the Legal Warranty of Conformity provided by the Consumer Code pursuant to Italian Legislative Decree 206/2005. The Legal Warranty is reserved for consumers. It is therefore applicable exclusively for Customers who have purchased from the Website for purposes unrelated to any business, commercial, artisan or professional activities. The above without prejudice to the rights attributed to consumers/Customers by other legal regulations. For all matters not governed by the Consumer Code, the dispositions of the Civil Code with reference to sales contracts are applicable.

Hic et Nunc exclusively guarantees the material integrity of the Products on consignment. In the event that the Products show defects or nonconformities, the Customer may exercise the rights provided for by the Consumer Code in the methods and within the limits specified in article 130 of the aforementioned Code. The Customer is obliged to contact Hic et Nunc to report the defect or nonconformity by sending an email to info@cantina-hicetnunc.it within the provided deadline of two months from the date the defect was discovered.

The Customer has the right to the exclusive substitution of the damaged products on the return of the same, and all other rights to any further compensation for damages are excluded.

Save for cases of serious misconduct or negligence on the part of Hic et Nunc, it is hereby agreed that in the event that any form of responsibility is attributed to Hic et Nunc with regards to the Customer – including the partial or total breach of the obligations assumed towards the Customer in executing an order – said responsibility of Hic et Nunc cannot be more than the price of the Products purchased by the Customer and the consequential subject of the dispute.

“GIFT VOUCHER”

Customers may purchase Vouchers via the Website to give to third parties for Experiences at the Hic et Nunc winery and the Ca’ dell’Ebbro. On selecting the Voucher, the Customer will be asked to provide the Name, Surname and email address of the beneficiary of the Experience, and a communication will be sent to the aforementioned address with the details of the Gift Voucher.

For payment methods, please refer to the detailed indications in the previous chapter “Method of payment”.

In order to benefit from the Voucher, the beneficiary may contact Hic et Nunc by email at the address info@cantina-hicetnunc.it or by calling +39 0142 67 01 65. Alternatively, the beneficiary may access the website https://shop.cantina-hicetnunc.it, add the desired Experience to the basket and enter the “Gift Voucher number” during purchase.

“EXPERIENCES”

Customers may purchase Experiences at the Hic et Nunc winery and the Ca’ dell’Ebbro via the Website. One the Customer has chosen the Experience they are interested in, they will be asked to indicate the number of participants and choose the date and time of the booking from those available, selecting the “Book now” button to add the chosen Experience to the basket.

The Customer may view the contents of the basket at any time by clicking on the button “View basket”, which will also allow them to modify the quantity or eliminate the Experience. In this area, the Customer will have the opportunity to enter Promotional Codes and/or Gift Vouchers.

After having checked the content of the basket and the total costs shown in the “Basket Total”, the Customer can proceed with the order. If the Customer is already registered on the Website, all they have to do is enter the email address and password chosen during registration. If not registered, they will be given the possibility of accessing as a guest by filling in the form with the necessary information.

Each order sent to Hic et Nunc constitutes a contractual proposal by the Customer and is therefore binding for Hic et Nunc only if confirmed as received by the latter.

The Customer will receive a communication sent to the email address provided on registration or during the order process, which contains confirmation of the booking and contact information for support.

For payment methods, please refer to the detailed indications in the previous chapter “Method of payment”.

“STAYS”

The Customer may book a stay at the Ca’ dell’Ebbro via the Website. The Customer may select a room in the dedicated area, add the dates for the stay to view the prices, and click on the “Book now” button to add the stay to the basket.

The Customer may view the contents of the basket at any time by clicking on the button “View basket”, which will also allow them to modify the quantity or eliminate the stay. In this area, the Customer will also have the opportunity to enter Promotional Codes and/or Gift Vouchers.

After having checked the content of the basket and the total costs shown in the “Basket Total”, the Customer can proceed with the order.

If the Customer is already registered on the Website, all they have to do is enter the email address and password chosen during registration. If not registered, they will be given the possibility of accessing as a guest by filling in the form with the necessary information.

Each order sent to Hic et Nunc constitutes a contractual proposal by the Customer and is therefore binding for Hic et Nunc only if confirmed as received by the latter.

The Customer will receive a communication sent to the email address provided on registration or during the order process, which contains confirmation of the booking and contact information for support.

For payment methods, please refer to the detailed indications in the previous chapter “Method of payment”.

The Customer may request cancellation of the booking up to 24 hours before the date of arrival. In this case, Hic et Nunc will charge a penalty of 20% of the cost of the stay, refunding the remaining amount paid via the same method of payment used by the Customer to purchase the “Stay”, save for agreements to the contrary between the parties.

In the event that the cancellation is made within 24 hours before the date of arrival, Hic et Nunc will withhold the entire sum paid for the stay as a penalty.

APPLICABLE LAW, JURISDICTION

The contracts concluded between the Customers and Hic et Nunc are to be considered as concluded in Italy and are governed by Italian Law. For the resolution of disputes deriving from the remote conclusion of this sale contract and regarding the application of the Consumer Code, the territorial jurisdiction will be considered as that of the relative court in the Municipality of residence or domicile of the Customer in accordance with current regulations. In all other cases, jurisdiction will be exclusively that of the Ordinary Judiciary and, namely, that of the court of Alessandria, with the exclusion of any other concurrent court.

INFORMATION, SUPPORT AND COMPLAINTS

It is possible to request information, send communications, request support or send a complaint by contacting Hic et Nunc as follows:

Hic et Nunc will respond promptly to any complaints presented and in any case within seven working days from receipt of the same.

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