Terms of service

General conditions of sale

The general conditions of sale govern sales on www.umacasanatura.com (hereinafter the “Site”)

Data Controller

The Data Controller is Società Agricola Uma Casanatura Srl Contrada San Pietro sn – 64036 – Cellino Attanasio (TE) Italy – VAT number 01874270679 – Telephone 3497920795 – info@umacasanatura.com (hereinafter the “Owner”)

The Site is dedicated to the retail sale of foodstuffs and equipment relating to the type of products. The Owner observes the legislation on remote contracts pursuant to art. 50 and following of Legislative Decree 206/2005. We invite you to carefully read the conditions below, and print and / or save them on a durable medium.

Parties to the contract are Società Agricola Uma Casanatura Srl and the Customer, whose personal data are indicated in the order form which is an integral part of the purchase contract.

Acceptance of the conditions of sale

All purchases of products and services made through the Site by the Customer are governed by these general conditions of sale as well as by the other instructions and provisions on the Site. In case of conflict between the latter and what is contained in the general conditions of sale, the latter will prevail.

The Owner reserves the right to change these conditions of sale at any time and without notice. The changes will be effective from the moment of publication on the website www.umacasanatura.com and will be valid from that moment.

The Customer will be qualified, for all legal purposes, as a “Consumer” if he is a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

The Customer will be qualified, for all legal purposes, as a “Professional” if he is a natural or legal person acting in the exercise of his business, commercial, craft or professional activity, or his intermediary.

These general conditions of sale apply equally to all customers, subject to the provisions for which the applicability is explicitly provided for only Consumer Customers.

Customer Requirements

The Owner sells and ships alcoholic products directly and exclusively to consumers of age and to those who are authorised to purchase and receive them by the law in force in the place of delivery, with particular regard to the regulations regarding the age limitation of alcohol consumers, where applicable. The Owner therefore requires its buyers to declare their age when accessing the Site and reserves the right to request, at the time of shipment, proof that the buyer has the minimum legal age to purchase and consume alcohol.

Acceptance of the general conditions of sale and customer commitments

The contract stipulated between the Owner and the Customer is concluded at the time of the electronic sending of the confirmation and therefore of the acceptance by the Owner, even if only partial, of the order. The Owner reserves the right to accept or not, at its discretion, the order submitted by the Customer, without the latter being able to advance any rights or claims of any kind, for any reason, including compensation, in the event of non-acceptance, even partial, of the order itself.

The forwarding of the order in the various ways provided implies that the Customer has read all the information provided to him during the purchase procedure. The Customer therefore declares full knowledge of the general conditions of sale and their full acceptance, also acknowledging that the Owner does not consider himself bound to different conditions unless previously agreed in writing.

The Customer acknowledges that certain products on the site can be packaged and / or customised in his favour and that, therefore, certain rights due to him also as a Consumer, could be limited, according to the provisions of the regulations in force on the subject and in particular on the reasons for exclusion from the right of withdrawal.

Any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and property, caused by the non-acceptance, even partial, of an order.

The consumer Customer undertakes to provide correct and truthful data, and once the online sales procedure has been completed, to print and keep these general conditions of sale, the automatic order receipt as well as the specific characteristics of the product or object purchased. , in compliance with the provisions of Legislative Decree n. 205/206

How to purchase

The Customer can only purchase goods or products as present in the electronic catalog of the site and in the quantities indicated therein, illustrated in detail and described in the relevant information sheets and at the prices indicated therein. These prices are inclusive of VAT only.

The visual representation of the products on the site, where available, normally corresponds to the photographic image of the products themselves and has the sole purpose of presenting them for sale, without any guarantee or commitment on the part of the Owner regarding the exact correspondence of the image depicted on the site with the actual product and, in the event of a difference between the image and the written product sheet, the latter always prevails.

Before confirmation of the purchase by the Customer, all the details of the order will be summarised. Upon successful receipt of the order sent by the Customer, upon completion of the transaction, the Owner will send the Customer an order confirmation to the previously communicated e-mail address. The order confirmation contains all the data entered by the Customer, who undertakes to verify its accuracy and to promptly communicate any corrections. The unit cost of each selected product and the total amount in case of purchase of multiple products will be indicated in the order confirmation. Transport costs will also be indicated and displayed at the time of purchase.

Availability of the goods

The prices and availability of products, as reported on the Site, may be subject to change at any time and without notice. Limited to orders being accepted or accepted by the Owner, the conditions of sale in force at the time the order is sent by the Customer, except for unaccepted orders.

Orders will be processed only when the goods are fully available. If there is not complete availability of the ordered goods, at the request of the Customer, it will be possible to proceed with the partial sending of the order and in this case the Customer will have to bear the shipping costs of each single delivery until complete fulfilment of the order with deferred deliveries. The Customer acknowledges that, due to the possibility of simultaneous access by multiple users to the site, the actual availability of individual products could vary significantly even during the same day, the Owner therefore does not undertake any commitment nor can it guarantee the certainty of immediate delivery of the products purchased and indicated as available on the site and cannot be held responsible for any delays in delivery.

Payments

Payments for the products purchased must be made exclusively through PayPal, credit card or bank transfer and cash on delivery. The cash on delivery method is available only for Italy. The Customer is required to choose the payment method at the time of conclusion of the purchase and can no longer be changed once the contract has been completed with confirmation from the Owner.

1 – PAYPAL By concluding a purchase with this type of payment, a page on the PayPal site will be displayed where you can enter your personal e-mail address and password for your PayPal account, or access the procedure for creating a new Paypal account. By choosing this payment method, the amount is charged directly to the PayPal account. PayPal protects the buyer’s information;

2 – CREDIT CARD via PayPal: choose the method of payment by credit card from the Paypal interface for those who do not register in the aforementioned system. For each transaction performed with this method, a confirmation e-mail will be sent from PayPal. The order amount will be charged to the Credit Card at the time of order acquisition. In case of cancellation, the amount will be refunded to the customer’s Credit Card;

3 – BANK TRANSFER in advance: the bank details to be used to make the transfer are:

  Account holder: SOCIETA ‘AGRICOLA UMA CASANATURA SRL

            BIC code: UNCRITM1MP3

            IBAN: IT 83 N 02008 02430 000105062488

            BANK OF SUPPORT: UNICREDIT SPA – Branch BOLOGNA UGO BASSI

            PURPOSE: ORDER NUMBER AND CUSTOMER GENERAL INFORMATION

The order will only be operational when the amount is credited to the Owner’s current account. The transfer must be made within 10 working days of placing the order; after this period the order will be canceled. Any commission costs are charged to the customer. The purpose of the transfer must include the order number and the customer’s personal details. A copy of the payment receipt must be sent to info@umacasanatura.com

4 – CASH ON DELIVERY: you can choose this payment method exclusively for orders with delivery in Italy. With this type of payment, it is possible to pay the purchase directly to the courier upon delivery of the goods or products purchased.

Transport costs

Transport costs are calculated at the time of the conclusion of the order based on the delivery address:

1. Italy:

• for orders up to € 40, transport costs of € 10.00 apply ‚
• for orders over € 40 transport costs are free

1. b) Austria – Germany – Belgium / Luxembourg – France – Holland – Spain – Portugal – Denmark – Sweden – Poland – Czech Republic – Slovakia – Hungary – Slovenia:

• for orders up to € 80.00, transport costs of € 18.00 apply
• for orders over € 80 transport costs are free

1. c) Romania – Bulgaria – Switzerland – Eire:

• for orders up to € 120,00, transport costs of € 35.00 apply
• for orders over € 120.00 transport costs are free

For delivery, the presence of the Customer or his representative at the address is required. If the Customer (or the person in charge) is not present, a second delivery attempt will be made and a storage procedure will be opened. The storage costs at the shipper’s warehouse will be borne by the buyer. In case of non-collection, the Owner will not refund the cost of delivery and that of the products. The owner will also be entitled to exclude the customer from the service.

It is strictly necessary to accept the package with Reserve of Control, as in the event of damage, the actual damage itself can be proven.

Product delivery methods – times and risks

The Owner will dispatch orders within 48 hours following confirmation of payment of the order and delivery of the goods to the address specified by the Customer at the time of the order, by courier, normally within 7-10 working days from ‘order. The Owner, following unforeseen logistical and organisational difficulties, may cancel the order by notifying the Customer via e-mail or, upon agreement with the same, modify the delivery terms.

The Owner assumes no responsibility for any delays in the delivery of orders, during holidays and in all cases attributable to the conditions of service of the couriers used. Any orders received, with relative payment confirmation, after 12.00pm on Thursday and on Friday, Saturday and Sunday will be processed the following Monday.

Should the delivery times of the ordered product be delayed with respect to the times indicated on the Site prior to the order, the owner undertakes to promptly notify the Customer via an e-mail message to the specified address. In any case, the Customer agrees to receive the goods even if they are sent within 30 (thirty) days of receipt of the order by the Owner, without this being considered a breach of the contract.

These delivery times refer to the products in the warehouse at the time of the order and no responsibility will be attributable to the Owner for delays in delivery due to unforeseeable circumstances, acts of third parties or force majeure.

The Owner is not liable for cases of force majeure, unavailability of means of transport, unforeseeable or inevitable events that cause delays and / or make deliveries difficult or impossible or cause a significant increase in delivery costs.

Furthermore, the Owner is not liable for and is not responsible for damage attributable to acts of third parties, force majeure, breakdowns of electronic devices and / or telecommunications networks, fires, explosions, riots and popular riots, acts of terrorism, strikes, floods, earthquakes, natural disasters and / or other events that may limit or prevent the delivery of products.

The owner will not be in any way responsible for the temporary or permanent unavailability of one or more products. In the event of unavailability, even temporary, of the requested products, the owner undertakes not to charge or return the corresponding price to the Customer.

Verification of the goods upon delivery of the products

Upon delivery of the goods by the courier, the Customer is required to verify:

• that the number of packages delivered corresponds to what is indicated in the transport document;
• that the packaging is intact, undamaged and in any case not altered, even in the closing materials, carefully checking the presence of any signs that indicate the breakage of the goods, such as purely indicative and not exhaustive, the leakage of liquids and / or the presence of humidity on the packaging.

Any indications and / or damage to the packaging and / or products and / or the mismatch in the number of packages must be immediately contested by the Customer, who must declare them to the person in charge of delivery, in writing in the appropriate transport document, by affixing the wording: “goods accepted with reserve”. The Customer also undertakes to report to the Owner no later than 8 (eight) days from the date of delivery, by registered letter with acknowledgment of receipt or pec to umalacasadelqi@pec.it, any problem relating to physical integrity , to the correspondence and / or completeness of the products received, under penalty of forfeiture.

Product characteristics, custody and conservation

The products sold by the Owner must be preserved and kept by the Customer with the necessary precautions and precautions relating to the nature of the products. By way of non-exhaustive example, wine bottles must preferably be stored in a horizontal position, in environments with poor lighting and temperatures between 10°C and 15°C, in any case not higher than 20°C and a good percentage humidity (65-70%).

The Customer therefore acknowledges that negligence and / or inexperience in the conservation of the products can damage them and compromise their quality and that each product can be subject to variations in quality and taste due to multiple factors (including for example and not exhaustively the vintage and the climatic conditions to which the production vines were subjected). The Owner is not liable for any damage to the products sold resulting from erroneous and / or incorrect storage of the same, with the express forfeiture of any guarantee in this regard.

Transport and invoicing documents

For each purchase contract completed through the site, the owner will issue an invoice for the products that will be shipped. The invoice will be issued on the basis of the data provided by the Customer at the time of the order. The Customer therefore assumes all responsibility for the correctness of such information. No change in the invoice will be possible after the issuance of the same and it will also not be possible to issue an invoice after the order has been processed to customers who have not indicated their VAT number at the time of the order and who have therefore operated as consumer Customers.

Right of withdrawal

The Customer’s rights are protected by Legislative Decree 206/2005 updated with the provisions of Legislative Decree 21/2014.  The Customer therefore has the right to withdraw from the contract, even partially, without explanation and without additional costs, provided that the withdrawal is communicated by registered letter with return receipt to the Owner, no later than 14 calendar days from the day of reception of products. The communication can be anticipated, within the same term, by PEC e-mail or telegram, provided that it is confirmed by registered letter with return receipt no later than 48 hours later. This communication must specify the intention to withdraw from the purchase and the product or products for which the right of withdrawal is to be exercised, attaching a copy of the invoice. If, on the other hand, the delivery has already taken place, the consumer must send the products he intends to return to the same address indicated above at his own expense, always within 14 (fourteen) working days from the date on which he received the products, with the wording “order return” affixed on the package. To verify compliance with the deadline, acceptance by the post office or forwarder will be valid. In no case parcels on delivery or carriage forward will be collected. The Customer must therefore return the product at his own expense according to the following methods: shipment by postal package or express courier addressed to the registered office of the Owner. If the withdrawal has been exercised in accordance with the methods described, the owner will refund the sum paid for the purchase of the product as soon as possible and in any case within 30 (thirty) calendar days from the date on which the owner became aware of the exercise. the right of withdrawal by the customer. However, in the event that the products do not possess the essential characteristics promised, have manufacturing defects, there have been errors in the delivery of the same or in any case it is a cause attributable to the manufacturer, the shipping costs for the delivery of the purchased products will also be returned. The right of withdrawal is not allowed in the case of:

• purchase of sealed packaged products, opened by the Customer;
• of goods which by their nature cannot be returned or are liable to deteriorate or expire rapidly (e.g. fresh and perishable food products);
• of packages even slightly altered in any of their parts including labels

Privacy

The owner will process the Customer’s personal data in compliance with the privacy legislation as specified in detail in the information in the “Privacy” section of the Site.

Cases of exclusion from the right of withdrawal

The Consumer Customer cannot exercise the right of withdrawal if the goods are tailor-made and / or clearly personalised. The Professional Client cannot, under any circumstances, benefit from any right of withdrawal.

Slight fault

The Owner is not liable for damages, even to third parties, which may be caused as a result of his own slight negligence.

Limitation of Liability

With the exception of cases of willful misconduct and gross negligence, in no other case the sums possibly due by the Owner for any reason or title may exceed those paid by the Customer in execution of the Contract.

Intellectual Property Rights

All trademarks, as well as any intellectual work, distinctive mark or name, image, photograph, written or graphic text and more generally any other intangible asset protected by the laws and international conventions on intellectual property and industrial property reproduced on the Site are the exclusive property of the Owner and / or its assignors, without the Customer having any right to the same from access to the Site and / or from the signing of the Purchase Contracts. Any use, total and / or partial, of trademarks and intellectual property is prohibited without the prior written authorisation of the Owner, in favour of which all related rights are reserved, exclusively and in principle.

Jurisdiction 

Any and all disputes that may arise in relation to the application, interpretation and execution of these general conditions of sale will be at the Teramo court.

Copyright

All contents of the site www.umacasanatura.com including texts, images, recipes and graphic layouts of the CMS are the property of the owner. Any unauthorised reproduction will be prosecuted by law.