1. Scope
These general terms and conditions of sale (hereinafter the "Terms") govern all distance sales contracts concluded between La Querce di Massimo Marchi e C. s.a.s. (hereinafter the "Seller") and the Customer through the website www.laquerce.com (hereinafter the "Site").
The Terms are made available to the Customer before the conclusion of the contract and may be stored and reproduced pursuant to article 12 of Italian Legislative Decree no. 70 of 9 April 2003. The Terms in force on the date the order is submitted apply to the Customer and are set out in the order confirmation.
Contracts are governed by Italian law and in particular by Italian Legislative Decree no. 206 of 6 September 2005 (the "Consumer Code") and by Italian Legislative Decree no. 70 of 9 April 2003. "Consumer" means a natural person acting for purposes outside their entrepreneurial, commercial, craft or professional activity. The provisions of the Consumer Code referred to in these Terms apply only to Customers who are consumers.
2. The Seller
La Querce di Massimo Marchi e C. s.a.s.
Registered office: Via Imprunetana per Tavarnuzze, 41 — 50023 Impruneta (FI), Italy
VAT number, tax code and registration number with the Companies Register of Florence: 03109710487
REA: FI-303069
Certified e-mail (PEC): info@pec.laquerce.com
E-mail: info@laquerce.com
Telephone: +39 328 2423844
3. Product information
The essential characteristics of each product, its price and the mandatory information required by the rules on the labelling of wines and olive oils (including the designation, alcoholic strength, allergens and, for wines, the list of ingredients and the nutrition declaration required by Reg. (EU) 2021/2117, which may also be provided by means of an electronic label within the limits permitted by applicable law) are set out on the product page of the Site. This is done in compliance with the pre-contractual information requirements of article 49 of the Consumer Code and with the specific rules on product labelling.
Product images are for illustrative purposes. As these are agricultural products, the colour, aroma and flavour of the wines and of the olive oil may show the natural variations linked to the vintage, the harvest and the ageing.
Vintage. The vintage of each wine is stated on the product page. Should the stated vintage be sold out, the Seller informs the Customer before shipping and offers the next available vintage; the Customer may accept it or cancel the order for that product with a full refund of the amount paid.
4. Prices, quantities and shipping costs
4.1 Prices are expressed in euro and include VAT and any other tax applicable in Italy.
4.2 Multiples of 6. Bottles of wine and olive oil are sold in multiples of six (6, 12, 18…), and different products may be mixed. This rule does not apply to the 5-litre can of olive oil. The cart shows the Customer how many bottles are missing to complete the order and does not allow it to be submitted until the rule is met.
4.3 Shipping costs are not included in the price of the products: they are calculated on the basis of the total weight of the order, the destination and the delivery method chosen by the Customer among those offered during purchase, and are shown in the order summary before the Customer submits the order. For deliveries in Italy by express courier, shipping is free for orders of €99 or more (products, VAT included). Collection at the farm is always free of charge.
4.4 Shipments outside the European Union. For deliveries to countries outside the European Union, customs duties, import taxes and clearance fees may be due, as set by the authorities of the country of destination and requested upon delivery. Such charges are not included in the price or in the shipping costs and are borne by the Customer, who is responsible for checking in advance any restrictions on the import of alcoholic beverages in their country.
4.5 Where a price reduction is announced, the Seller indicates the prior price in accordance with article 17-bis of the Consumer Code.
5. Purchase procedure and conclusion of the contract
5.1 To make a purchase, the Customer selects the products, adds them to the cart, enters the delivery and billing details, chooses the shipping and payment method and submits the order. Before submitting it, the Customer may at any time review and correct the data entered and modify the contents of the cart. Purchases can also be made without registering on the Site.
5.2 Before submitting the order the Customer reads these Terms and expressly accepts them by ticking the relevant box. The order submission button bears the wording "Order with obligation to pay" or an equivalent formulation, in accordance with article 51 of the Consumer Code.
5.3 The order submitted by the Customer constitutes a contractual offer. The automatic acknowledgement of receipt of the order, sent immediately after submission, evidences receipt only pursuant to article 13 of Legislative Decree 70/2003 and does not constitute acceptance. The contract is concluded solely when the Seller, having verified the availability of the products and the successful completion of payment, sends the Customer the order confirmation referred to in article 7, unless it gives prior notice of non-acceptance pursuant to article 8.
5.4 The status of the order may be consulted in the reserved area of the Site or, for purchases made without registration, through the communications sent to the e-mail address provided.
5.5 The contract and the order data are stored by the Seller for the period provided for by applicable law. The Customer may access the data of their orders from the reserved area of the Site, where available, or request a copy from the Seller at the contact details set out in article 18.
5.6 The contract may be concluded in Italian or in English. These Terms are available in both languages; in the event of any discrepancy, the Italian text prevails.
6. Payment methods
6.1 Payment of the price and of the shipping costs may be made using the following methods, offered during purchase according to the type of order:
a) payment card, through the Stripe service, available for all orders, including without registration;
b) advance bank transfer, available to registered Customers.
6.2 Where payment is made by card, the amount is charged when the order is submitted. Card details are collected and processed exclusively by Stripe on its own secure pages and are at no time accessible to the Seller.
6.3 Where payment is made by bank transfer, the bank details are provided in the order confirmation. The products are reserved for the Customer for ten working days from submission of the order and shipment takes place after the amount has been credited. If the credit has not been received by the end of that period, the order is cancelled and the Customer is notified accordingly.
6.4 If payment is not successfully completed, the order is not processed and the Seller notifies the Customer accordingly.
7. Order confirmation
Pursuant to article 51, paragraph 7, of the Consumer Code, the Seller sends the Customer, to the e-mail address provided during purchase, confirmation of the contract on a durable medium. The confirmation contains the order summary, the essential characteristics of the products, the price, the shipping costs, the payment method, the delivery address, information on the right of withdrawal with a link to the online withdrawal procedure, the version of these Terms accepted with the order and a link to their text, which includes the model withdrawal form. The Customer may at any time ask the Seller for a copy of the Terms in force on the date of their order.
8. Non-acceptance of the order
8.1 The Seller notifies the Customer of the acceptance or non-acceptance of the order within five working days of its submission; for orders paid by advance bank transfer that period runs from the date on which the amount is credited, without prejudice to the provisions of article 6.3 where no credit is received. The Seller may decline the order, before the conclusion of the contract, only in the following cases: unavailability, including temporary unavailability, of the products ordered; incompleteness or manifest inaccuracy of the data provided by the Customer; failure of the payment; impossibility of delivering to the location indicated, including because of bans or restrictions on the import of alcoholic beverages; order attributable to fraudulent use of payment instruments; failure to confirm the required age pursuant to article 14 of these Terms; manifest error in the price shown on the Site pursuant to article 15 of these Terms.
8.2 In such cases the Seller refunds the Customer in full any amount already paid, without undue delay and in any event within fourteen days of the notice, using the same means of payment used for the purchase, unless otherwise expressly agreed with the Customer.
8.3 Where the unavailability concerns only some of the products ordered, the Seller contacts the Customer to agree on partial shipment with a refund of the difference, replacement with another vintage or another product, or cancellation of the entire order.
9. Delivery
9.1 The products are delivered by courier to the address indicated by the Customer, in Italy or in the countries listed during purchase, or, if the Customer chooses collection at the farm, are made available at the Seller's premises at Via Imprunetana per Tavarnuzze 41, Impruneta (FI). No deliveries are made to post office boxes or poste restante.
9.2 Delivery is made by courier, Monday to Friday excluding public holidays, within the times indicated on the Site during purchase and in any event within thirty days of the conclusion of the contract, pursuant to article 61 of the Consumer Code. The Seller may postpone shipment in the event of extreme temperatures, so as not to compromise the quality of the wine during transport, and notifies the Customer accordingly.
9.3 The Seller sends the Customer a shipment notice with the tracking number.
9.4 Should delivery not take place within the period referred to in point 9.2, the Customer may request the Seller to make the delivery within an additional period appropriate to the circumstances and, in the event of further failure, terminate the contract with the right to a full refund of the amounts paid, without prejudice to compensation for damages.
9.5 Pursuant to article 63 of the Consumer Code, the risk of loss of or damage to the products passes to the consumer Customer when the Customer, or a third party designated by the Customer other than the carrier, acquires physical possession of the products. If the Customer chooses a carrier other than those offered by the Seller, the risk passes upon delivery to the carrier.
9.6 Upon delivery the Customer is invited to check that the number of parcels matches that stated in the transport document and that the packaging is intact and not wet. Any visible damage, breakage or shortages may be contested by entering a written reservation on the courier's proof of delivery. Failure to enter such a reservation does not prejudice the rights of the consumer Customer in relation to damage or defects not detectable at the time of delivery, nor the legal guarantee of conformity referred to in article 13.
9.7 In the case of collection at the farm, the Seller notifies the Customer by e-mail when the order is ready. Collection takes place Monday to Friday, from 9:00 am to 12:00 noon, excluding public holidays, within fifteen days of the notice, upon presentation of the order number. If collection has not taken place by the end of that period, the Seller contacts the Customer to agree on a new date or on cancellation of the order with a refund of the amounts paid. For orders collected at the farm, the period for exercising the right of withdrawal referred to in article 10 runs from the day of collection.
9.8 The Seller issues for each order the tax document required by applicable law. An invoice is issued at the Customer's request made at the time of the order, on the basis of the data provided at that time; no changes are possible after issue.
9.9 Should delivery not be possible for reasons attributable to the Customer, such as an incorrect or incomplete address, absence of the recipient, unavailability by telephone, failure to collect at the holding point within the time limits indicated by the courier or refusal to pay the customs charges referred to in article 4.4, the Seller may charge the Customer the documented costs of redelivery or return, upon prior notice. The provisions of law concerning conformity and the Seller's liability remain unaffected.
10. Right of withdrawal
10.1 The consumer Customer has the right to withdraw from the contract, without giving any reason and without any penalty, within fourteen days.
10.2 The period runs from the day on which the Customer, or a third party designated by the Customer other than the carrier, acquires physical possession of the products. In the case of an order comprising several products delivered separately, the period runs from the delivery of the last product.
10.3 To exercise the right of withdrawal the Customer informs the Seller of their decision by means of an explicit statement, using alternatively: the online procedure available on the "Withdrawal" page of the Site (www.laquerce.com/en/recesso), which can also be used for purchases made without registration; the model withdrawal form set out at the end of these Terms; any other explicit statement sent to info@laquerce.com or by registered letter to La Querce di Massimo Marchi e C. s.a.s., Via Imprunetana per Tavarnuzze 41, 50023 Impruneta (FI), Italy. To meet the deadline it is sufficient that the communication is sent before the deadline expires.
10.4 The Seller sends the Customer, without delay and on a durable medium, an acknowledgement of receipt of the withdrawal statement.
10.5 Withdrawal may also be exercised in respect of only part of the products included in the same order.
10.6 The Customer returns the products to the Seller without undue delay and in any event within fourteen days of the communication of withdrawal, to the address set out in article 2, or hands them back in person at the farm during the hours set out in article 9.7. The direct costs of returning the products are borne by the Customer. Packaging suitable for transporting glass bottles is recommended.
10.7 The Customer is liable only for any diminished value of the products resulting from handling other than what is necessary to establish their nature, characteristics and functioning. Bottles uncorked or otherwise opened after delivery, and opened cans of olive oil, suffer a diminished value for which the Customer is liable under this point.
10.8 The Seller refunds all payments received from the Customer, including the standard delivery costs, without undue delay and in any event within fourteen days of the day on which it was informed of the decision to withdraw. The refund is made using the same means of payment used for the initial transaction, unless the Customer has expressly agreed otherwise; in any case the Customer does not incur any cost as a result of the refund.
10.9 The Seller may withhold the refund until it has received the products or until the Customer has supplied evidence of having sent them back, whichever is the earlier.
10.10 Where the Customer has chosen a delivery method other than the least expensive standard delivery offered by the Seller, the refund does not include the supplementary costs arising from that choice.
10.11 If, following a partial withdrawal, the products kept no longer comply with the rule of multiples of six referred to in article 4.2, the withdrawal remains fully valid: the rule concerns only the composition of the order and does not in any way limit the right of withdrawal.
11. Exclusions from the right of withdrawal
11.1 Pursuant to article 59 of the Consumer Code, the right of withdrawal is excluded for the supply of goods made to the Customer's specifications or clearly personalised (for example bottles with a personalised label produced at the Customer's request) and in the other cases provided for by that article, where applicable. Merely choosing or combining products already in the catalogue, including in a gift box, does not constitute personalisation and does not exclude the right of withdrawal.
11.2 Any exclusion of the right of withdrawal is stated on the page of the product concerned and is recalled in the order summary before the order is submitted.
11.3 The above exclusions do not in any way affect the legal guarantee of conformity referred to in article 13, nor the Seller's liability for products delivered damaged or not corresponding to the order, as referred to in article 12.
12. Products damaged or non-conforming on delivery
12.1 Should the products be damaged in transit (for example broken or leaking bottles) or not correspond to the order, the Customer reports this to the Seller at info@laquerce.com stating the order number and attaching photographs of the parcel and its contents. It is recommended that the report be made within five days of delivery, so as to allow a claim to be made against the courier. This time limit serves organisational purposes only and does not entail any forfeiture of the rights granted to the Customer by law.
12.2 The Seller does not require broken bottles to be returned. Where the return of intact products not corresponding to the order is necessary, the return costs are borne entirely by the Seller.
12.3 Once the report has been verified, the Seller, in agreement with the Customer, either reships the products at no additional cost or refunds the relevant amount, within fourteen days.
12.4 The provisions of this article are in addition to and do not replace the legal guarantee of conformity referred to in article 13.
13. Legal guarantee of conformity
13.1 All products sold to consumers are covered by the legal guarantee of conformity provided for by articles 128 et seq. of the Consumer Code, as amended by Italian Legislative Decree no. 170 of 4 November 2021.
13.2 The Seller is liable to the consumer Customer for any lack of conformity existing at the time of delivery and becoming apparent within two years of that time. The Customer is not required to report the defect within any set time limit. The action to assert defects is time-barred twenty-six months after delivery of the product.
13.3 Unless proven otherwise, any lack of conformity becoming apparent within one year of delivery is presumed to have existed at that date, unless this is incompatible with the nature of the product or with the nature of the defect.
13.4 In the event of a lack of conformity, the Customer is entitled to the remedies provided for by articles 135-bis et seq. of the Consumer Code, under the conditions and within the limits established by law. In view of the nature of the products, conformity is restored, where possible, by replacing the product, without prejudice to the Customer's right to rely on the other remedies provided for by law.
13.5 The natural variations in colour, aroma and flavour of the wines and of the olive oil linked to the vintage and the ageing do not constitute a lack of conformity, nor does the presence of deposits or crystals in the wines, which is a natural phenomenon, nor deterioration resulting from failure to observe the storage instructions provided.
13.6 Customers not acting as consumers are covered by the warranty against defects provided for by articles 1490 et seq. of the Italian Civil Code.
14. Sale of alcoholic beverages
The sale of wines and other alcoholic beverages is reserved to persons who have reached the age of eighteen and, for deliveries outside Italy, the minimum age required to purchase alcoholic beverages by the law of the country of destination (for example 21 in the United States). By submitting an order that includes such products, the Customer declares that they are of the required age by ticking the relevant box. The Seller reserves the right to request an identity document and not to process the order if confirmation is not provided. Such products are delivered exclusively to a person of the required age.
15. Manifest errors
The information published on the Site is updated on an ongoing basis; however, material errors cannot be ruled out. Should the price indicated for a product be manifestly incorrect due to an obvious material error, recognisable as such by an average customer, the Seller notifies the Customer within the period referred to in article 8.1, does not process the order in respect of that product and refunds any amount already paid. Corrections published on the Site have no effect on orders already confirmed pursuant to article 7.
16. Processing of personal data
The Customer's personal data are processed by the Seller, as data controller, for the purposes and in the manner described in the privacy notice available on the Site, in accordance with Reg. (EU) 2016/679 and Italian Legislative Decree no. 196 of 30 June 2003.
17. Applicable law, jurisdiction and alternative dispute resolution
17.1 These Terms are governed by Italian law. For consumer Customers resident in other Member States of the European Union, the more favourable mandatory provisions of the law of their country of residence remain unaffected.
17.2 For disputes with consumer Customers, the court of the place of residence or domicile of the consumer has exclusive jurisdiction, if located in Italy. For disputes with Customers not acting as consumers, the Court of Florence has exclusive jurisdiction.
17.3 The consumer Customer may have recourse to the alternative dispute resolution procedures provided for by articles 141 et seq. of the Consumer Code, by applying to an ADR body listed in the register kept by the Italian Ministry of Enterprises and Made in Italy, in accordance with the procedures and conditions laid down by applicable law. The Seller provides the Customer with the information required by article 141-sexies of the Consumer Code. In particular, if a complaint submitted to the Seller is not resolved, the Seller indicates the competent ADR bodies, where they exist, and states whether it intends to use them. Recourse to ADR procedures is optional and does not affect the Customer's right to bring proceedings before the courts.
17.4 The invalidity or ineffectiveness of any individual clause of these Terms does not affect the validity of the remaining clauses.
18. Amendments to the Terms, contacts and complaints
18.1 The Seller may amend these Terms at any time. Amendments are published on the Site with an indication of the update date and apply to orders submitted after publication. The Seller retains previous versions and makes them available to the Customer on request.
18.2 For information, assistance and complaints the Customer may contact the Seller at the e-mail address info@laquerce.com, at the number +39 328 2423844 or by post at the address set out in article 2. The Seller responds to complaints within ten working days of receipt.
Annex — Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract; alternatively, you can use the online procedure at www.laquerce.com/en/recesso)
To: La Querce di Massimo Marchi e C. s.a.s., Via Imprunetana per Tavarnuzze 41, 50023 Impruneta (FI), Italy — info@laquerce.com
I/We hereby give notice that I/we withdraw from my/our contract of sale of the following products: ____________________
Ordered on ____________ / received on ____________
Order number: ____________
Name of consumer(s): ____________________
Address of consumer(s): ____________________
Signature of consumer(s) (only if this form is notified on paper): ____________________
Date: ____________