Gemin Sparkling Wines – Terms of Sale

Introduction
These terms and conditions of sale (hereinafter only “Terms and Conditions”) govern the sale of products marketed by www.SpumantiGemin.it. All contracts for the purchase of products concluded, through the website www.SpumantiGemin.it and in accordance with the procedures specified therein, between the seller and the Customer shall be governed by these General Terms and Conditions.
All published prices include VAT.

Acceptance of conditions of sale
1. The contract entered into between Spumanti Gemin and the Customer must be considered concluded with the acceptance, even partial, of the order by Spumanti Gemin srl, which reserves the right, at its sole discretion, to accept the order. Acceptance shall be deemed tacit unless otherwise communicated in any manner to the Customer. By placing an order in the various ways provided, the Customer declares that he/she has read all the information provided during the purchase procedure and fully accepts the general and payment conditions transcribed below.

2. If the Customer is a final consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity), once the online purchase procedure is completed, he will print or save an electronic copy and, in any case, keep, these general conditions of sale, in accordance with the provisions of Articles 3 and 4 of Legislative Decree no. 185/1999 on distance selling.

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

Method of purchase
1. The Customer may purchase only the products in the electronic catalog of Spumanti Gemin at the time of placing the order and viewable at http://www.spumantigemin.it, as described in the relevant information sheets. The technical information entered on http://www.spumantigemin.it faithfully reproduces that of goods entered in the catalog. Spumanti Gemin, therefore, reserves the right to change the technical information of the products, without any prior notice. It is understood that the picture accompanying the description sheet of a product may not be perfectly representative of its characteristics, and differ in color, size, accessory products in the picture. All supporting purchase information (Glossary, Buyer’s Guide, etc…) is intended as merely general informational material, not referable to the actual characteristics of each individual product.
Spumanti Gemin guarantees that the accessories for sale on the site comply with the relevant EC Directives.

2. Correct receipt of the order is confirmed by Spumanti Gemin by means of an e-mail response, sent to the e-mail address provided by the Customer. This confirmation message will contain the Date and Time of receipt of the order and a ‘Customer Order Number’, to be used in any further communication with Spumanti Gemin. The message repeats all the data entered by the Customer, who undertakes to verify their correctness and promptly communicate any corrections, in the manner described in this document. The Customer can also check the status of his order by accessing the web area dedicated to him under “Order Status.”

3. In case of non-acceptance of the order, Spumanti Gemin undertakes to promptly notify the Customer.

4. All prices on the site are intended to be public prices and, therefore, include vat. Spumanti Gemin reserves the right to change prices at any time without prior notice. In the event that an incorrect and/or clearly derisory price is posted, for whatever reason (error in our systems, human error, etc.), the order will be cancelled, even if it is initially validated.

5. At http://www.Spumanti Gemin.co.uk the quantities of product available at the time of ordering are visible. Since the simultaneous access of many user-customers and the simultaneous possibility of “online” orders change the availability of the product, Spumanti Gemin does not guarantee the certainty of allocation of the ordered goods.

6. On certain products, subject to price promotions, Spumanti Gemin reserves the right to accept orders by reducing their quantities, subject to prior notice and acceptance by the Customer, failing which the order shall be deemed cancelled.

Payment Methods

Bank transfer in advance
In case of payment by Bank Transfer in Advance, the shipment of what has been ordered takes place only when the actual crediting on the c/c of Spumanti Gemin srl with partner, which must take place within 5 working days from the date of acceptance of the order, after which the order is considered automatically cancelled.
The reason for the bank transfer must include the payee (Gemin Sparkling Wines) and the order identifier (year, type and order number), which is issued in the order confirmation email.
The bank details on which to make transfers are:
Beneficiary: Gemin Sparkling Wine Ltd.
Bank Data

Credit Card
In cases of purchase of goods by payment method Credit Card, at the same time as the conclusion of the online transaction, the bank of reference shall authorize only the commitment of the amount related to the purchase made.
The amount for the dispatched goods is charged to the Customer’s credit card when the ordered goods are actually dispatched.
Credit cards accepted are all those that rely on Visa, Mastercard.

WARNING:

In case of cancellation of the order, either by the Customer or in case of non-acceptance by Spumanti Gemin, it will simultaneously request the cancellation of the transaction and the release of the committed amount. . Order cancellation is possible as long as the order is not yet in stock preparation. The order status is clearly visible in the “Order Status” area and can no longer be canceled if “Order in Process” appears. Release times, for some types of cards, depend solely on the banking system and can extend up to their natural expiration date (24th day from the date of authorization). Having requested the cancellation of the transaction, under no circumstances can Spumanti Gemin Ltd. be held liable for any damages, direct or indirect, caused by delay in the failure of the banking system to release the committed amount.

In the event that the Customer’s order is still open beyond the 23rd day from the date of submission, Spumanti Gemin srl will still charge the Customer’s credit card with the amount due, even if in advance of the physical delivery of the goods, in order to avoid the transaction authorization deadline (24 days).

Spumanti Gemin srl reserves the right to ask the Customer for additional information (e.g. landline phone number) or to send copies of documents proving the ownership of the Card used. In the absence of the required documentation, Spumanti Gemin Ltd. reserves the right not to accept the order.

At no time during the purchase process is Spumanti Gemin srl able to know the buyer’s credit card information, as it is typed directly on the site of the banking institution handling the transaction (with very high security systems); since there is no data transmission, there is no possibility of this data being intercepted. No computer records of Spumanti Gemin contain, nor do they store, such data. Under no circumstances, therefore, can Spumanti Gemin srl be held liable for any fraudulent and improper use of credit cards by third parties when paying for products purchased on www.Spumanti Gemin.it

Prepaid Credit Card
In case of purchase by Prepaid Credit Card, the Customer enters the identification numbers of the card; at the same time as the conclusion of the online transaction, the bank of reference shall authorize only the commitment related to the purchase made. The amount for the dispatched goods is charged to the Customer’s credit card when the ordered goods are actually dispatched.
In the event of cancellation of the order, either by the Customer or in the case of non-acceptance of Spumanti Gemin srl , it will simultaneously request the cancellation of the transaction and the release of the committed amount. Order cancellation is possible as long as the order is not yet in stock preparation. The order status is clearly visible in the “Order Status” area and can no longer be canceled if “Order in Process” appears. Release times, for some types of cards, depend solely on the banking system and can extend up to their natural expiration date (24th day from the date of authorization). Having requested the cancellation of the transaction, under no circumstances can Spumanti Gemin Ltd. be held liable for any damages, direct or indirect, caused by delay in the failure of the banking system to release the committed amount.
At no time during the purchase process is Spumanti Gemin srl able to know the buyer’s credit card information, as it is typed directly on the site of the banking institution handling the transaction (with very high security systems); since there is no data transmission, there is no possibility of this data being intercepted. No computer file of Spumanti Gemin srl contains, nor does it store, such data. Under no circumstances, therefore, can Spumanti Gemin srl be held liable for any fraudulent and improper use of credit cards by third parties when paying for products purchased on www.Spumanti Gemin.it

PayPal
In case of purchase through the PayPal payment method, at the conclusion of the order the Customer is directed to the PayPal login page.
The amount related to the order is debited from the PayPal account when the order is taken.
In case of cancellation of the order, either by the Customer or in case of non-acceptance by Spumanti Gemin srl , the amount will be refunded to the customer’s PayPal account.

Order cancellation is possible as long as the order is not yet in stock preparation. The order status is clearly visible in the “Order Status” area and can no longer be canceled if “Order in Process” appears.

Having requested the cancellation of the transaction, under no circumstances can Spumanti Gemin srl be held liable for any damages, direct or indirect, caused by delay in the failure of PayPal to release the committed amount. At no time during the purchase process is Spumanti Gemin Ltd. able to know the Customer’s financial information. Since there is no data transmission, there is no possibility of this data being intercepted. No computer file of Spumanti Gemin srl contains, nor does it store, such data. For each transaction performed with the PayPal account, the Customer will receive a confirmation email from PayPal.

Transaction Security
Online Credit Card transactions are carried out directly on the Bank’s website, via a Secure Server that adopts the SSL (Secure Socket Layer) protection system. This Verisign-certified protocol allows communication in a mode designed to prevent interception, modification or falsification of information. Spumanti Gemin Ltd. does not learn about the details of the Credit Cards used by its customers.

Mode of delivery
Spumanti Gemin srl can only accept orders with delivery in the territory of the Italian state.

For every order placed on www.Spumanti Gemin.co.uk, Spumanti Gemin Ltd. will issue an invoice for the material shipped. For the issuance of the invoice, the information provided by the Customer at the time of the order shall be binding. No changes in the invoice will be possible, after it has been issued.

Shipping costs are the responsibility of the Customer and are explicitly highlighted when placing the order. Payment for the goods by the Customer will be made using the method chosen when placing the order. No additional expenses or fees are due to Spumanti Gemin srl .

Delivery of the ordered goods is understood to be to the dwelling floor up to a weight of 30Kg.

Delivery times for the goods ordered are purely indicative and are published in the appropriate table under “indicative delivery times”; the same may be subject to change due to force majeure or because of traffic and road conditions in general or by act of the Authority. Standard delivery, unless otherwise agreed upon in writing between the parties, will take place during the following hours: 9 a.m. to 1 p.m.; 2 p.m. to 6 p.m., every day, non-holiday, Monday through Friday.

No responsibility can be attributed to Spumanti Gemin srl in case of delay in the processing of the order or delivery of the ordered goods.

Upon delivery of the goods by the courier, the Customer is required to check:
– That the number of packages being delivered corresponds to what is stated on the invoice;
– That the packaging is undamaged, undamaged, not wet or, otherwise, altered;

Any external damage or the mismatch in the number of packages or indications, must be immediately contested to the courier who makes the delivery, putting the words “withdrawal with reserve” on the appropriate accompanying document and confirmed, within 8 days by registered mail with return receipt to the courier, whose address is made explicit on the accompanying document. In the specific case of damaged parcel write “withdrawal with reservation because the parcel is damaged”. It is also required to open an anomaly file with Spumanti Gemin srl , filling in what is present under the button in the “Order Status” area.
Once the courier’s document has been signed, the Customer may not object to any dispute about the external characteristics of what has been delivered.
Even with undamaged packaging, the goods must be checked within eight days of receipt. Any hidden damages or anomalies must be reported in writing by registered mail with return receipt to the courier whose address is made explicit on the accompanying document.
It is also required to open an anomaly file with Spumanti Gemin srl , filling in what is present under the button in the “Order Status” area.
Any report after the above deadlines will not be considered. For each statement, the Client assumes full responsibility for what is stated.

Delivery by express courier
In the case of delivery by express courier, home floor delivery service is included for products weighing less than 30Kg.
Standard delivery will be during the following hours: 9 a.m. to 1 p.m.; 2 p.m. to 6 p.m., every day, non-holiday, Monday through Friday.
The courier makes the first delivery without notice. If the Customer is absent, the courier leaves a notice and retries the delivery in the next 24 hours; in case of further absence, notice is again left and the Customer is contacted by the courier for the third attempt. If this is also unsuccessful, the Customer will be contacted by the Customer Service of Spumanti Gemin srl with whom he will define the details of the delivery. If even the fourth attempt is unsuccessful, the goods will be returned to Spumanti Gemin srl , resulting in the cancellation of the order and nothing will be due to the Customer.

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Fulfillment and delivery time

1. Order fulfillment time
“Order fulfillment time” means the time interval from receipt of the order to delivery of the product to the courier.
All orders, containing products in stock, for which confirmation of payment has been received by 12 noon on a business day, are entrusted to the courier within the next 48 hours

2. Courier delivery time
The table below shows the approximate delivery times expressed in hours, in cases of delivery by express courier from the time the courier takes charge of the shipment (collection of the shipment at our Logistics Center by the courier).

For orders of 36 bottles or more, shipping charges are automatically canceled.

Spumanti Gemin srl reserves the right to change these conditions without notice as conditions of use change and as contracts with various carriers change.

Right of withdrawal
1. Pursuant to Art. 59 LEGISLATIVE DECREE February 21, 2014, no. 21 the right of withdrawal of those food goods that, by their nature, completely deteriorate after opening, is applicable only in the event that such goods are returned in perfect integrity of the food package itself. In the specific case of wines.therefore, the bottle cannot be opened and returned together with its contents; while the packaging containing the bottle can be opened and the bottle returned if kept intact. Wines, brandies, spirits, and food products sold by Spumanti Gemin s.r.l. are therefore subject to this standard.

2. For other products, other than wines, grappas, distilled spirits, food products, sold by Spumanti Gemin s.r.l, if the Customer is a consumer (i.e. an individual who buys the goods for purposes not related to his professional activity, or does not make the purchase by indicating in the order form to Spumanti Gemin srl a reference of VAT number), it is possible to withdraw from the purchase contract for any reason within 14 days of receipt of the goods.

3. To exercise this right, it is sufficient for the Customer to send an explicit statement, including by e-mail, of the intention to use the right of withdrawal. Spumanti Gemin will send the customer by email a paper form that must be printed and that contains authorization number that must be attached to the outside of the wrapper in which the product will be physically placed and sent to Spumanti Gemin srl , without undue delay, within 14 working days after authorization of withdrawal.

4. The customer who withdraws, for products covered by the right of withdrawal, will be refunded the payments made, including delivery costs (with the exception of additional costs arising from any choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and in any case no later than 14 days from when Spumanti Gemin srl receives the decision to withdraw. Said refunds will be made using the same means of payment used for the initial transaction, unless the customer requests a refund on a different means of payment. In this case, any additional costs arising from the different means of payment chosen will be borne by the customer. Refunds may be suspended until receipt of the goods or until the customer demonstrates that he or she has returned the goods. For reimbursement to be made by bank transfer, the Customer must also indicate the bank details necessary to return the amounts paid.

5. The customer is responsible only for the decrease in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and operation of the goods.

Warranties

All products marketed by Spumanti Gemin srl are covered by the conventional manufacturer’s warranty in accordance with Legislative Decree no. 24/02. To take advantage of warranty service, the Customer must keep the invoice (or DDT) that he/she will receive with the purchased goods. The Customer will always be able to download from www.Spumanti Gemin.it the invoices for his purchases by accessing the restricted area.

1. Legal guarantee of conformity
In the event of a conformity defect, the consumer shall have the right, at his or her option, to have the defective goods repaired or replaced by the seller, without charge, unless the remedy sought is impossible or excessively burdensome compared to the other. If replacement or repair is not possible, the consumer is still entitled to a price reduction or to have back an amount, commensurate with the value of the good, against the return of the defective product to the seller.

2. Duration of legal warranty
The legal warranty lasts two years from the delivery of the goods and must be claimed by the consumer within two months of discovering the defect.Therefore, proof of purchase (tax receipt or invoice) must always be kept.

3. Obligations of the seller
In the event of a dispute Spumanti Gemin agrees to:

• Take delivery of the defective product to verify whether or not the malfunction is due to a conformity defect. In particular: (i) For defects occurring in the first six months from the date of delivery of the product, verification is always the responsibility of the seller since they are presumed to have existed at the time of delivery; (ii) thereafter, in the sole case where the malfunction does not depend on a conformity defect, the consumer may be asked to reimburse the cost – reasonable and indicated in advance – incurred by the seller for the verification;
• found the conformity defect, carry out repair or replacement of the goods within a reasonable time from the request and without charge to the consumer.