Viale A. Vespucci, 121
Piano d'Accio
Teramo
64100
Italy
REA number TE -139344 - VAT IT01625380678
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Cookie Policy
General Terms and Conditions of Sale (GTC)
1. INFORMATION ABOUT THE SELLER The seller Tenuta Stella Maris srl operates an online store through the website www.tenutastellamaris.com
Tenuta Stella Maris srl
registered office: Viale A. Vespucci, 121 – 64100 Teramo – CF/VAT: 01625380678
Customer service is available for information, complaints and disputes:
Telephone number: +39 334 1627272 E-mail: info@tenutastellamaris.it
2. SCOPE OF APPLICATION 2.1 These GCS govern the conclusion as well as the execution of a sales contract between the Seller (hereinafter "Tenuta Stella Maris srl" or "Seller") and its customers (hereinafter "Buyer"). They are also effective for any future sales, without the need for them to be accepted again after the first acceptance. After the first sale is made, it is assumed that the buyer has already viewed and accepted the following GCS. With the transmission of the first order placed by the Buyer and the Order Confirmation by the Seller, the Buyer accepts them as an integral part of the sales contracts. 2.2 For the purposes of applying the following GCS, the meaning of the following terms contained therein is specified: "Consumer": means any natural person who places an Order for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity that may be carried out; "Professional": means any natural or legal person who places an Order in the exercise of their entrepreneurial, commercial, artisanal, or professional activity; "Customer": means, as the case may be, the Consumer or the Entrepreneur; "Contract": has the meaning attributed to this term in Section 3. "Working day" means any day of the week, except Saturday, Sunday, and public holidays according to the law; "Order" has the meaning attributed to this term in Section 10.
3. CONSULTATION OF THE TERMS AND CONDITIONS OF CONTRACT The Customer may consult these GTC, together with the text of the Contract, on the website www.tenutastellamaris.com. By placing an order in the various ways provided, the Customer declares that they have read all the information provided to them during the purchase procedure, and fully accept the general and payment conditions transcribed below. If the Customer is a consumer (i.e., a natural person who purchases goods for purposes not related to their professional activity), once the online purchase procedure is completed, they will print or save an electronic copy and in any case keep these general conditions of sale, in compliance with the provisions of Legislative Decree 206/05 on distance selling. Any right of the Customer to compensation for damages or indemnity is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance, even partial, of an order. The Customer may also print and/or save this document or may archive the data of their Order, either by downloading the GTC and saving, using the functions of their browser, the data summarized on the last web page before submitting each Order, or by waiting for the confirmation of receipt of the Order that Tenuta Stella Maris srl will send, also by e-mail, following the submission of the Order, to the e-mail address indicated by the Customer. This confirmation e-mail will contain the data of the Order submitted by the Customer as well as a copy of the GTC and can be printed or saved using the functions of their e-mail program. The data of each Order will be saved by Tenuta Stella Maris srl on its systems. However, for security reasons, the Customer will not have free access to such data.
4. COMPLETION OF THE SALES CONTRACT Contracts are concluded exclusively in the Italian language. The contract entered into between Tenuta Stella Maris srl and the Customer shall be considered perfected and concluded with the acceptance, even partial, of the order by the customer. By clicking on “Confirm”, the Customer will submit to Tenuta Stella Maris srl an irrevocable contractual proposal, pursuant to and for the purposes of articles 1326 and 1329 of the Italian Civil Code, concerning the items contained in the cart (“Order”). Once the Order has been sent by the Customer, Tenuta Stella Maris srl will confirm/validate the receipt of the Order. Without prejudice to the right of withdrawal referred to in Section 10 of these GCS, the Customer undertakes to keep the Order firm, pursuant to art. 1329 of the Italian Civil Code, for 2 (two) Working Days from the time of sending, if the ordered item is marked as “available”. In all other cases, the Order will be irrevocable, again pursuant to art. 1329 of the Italian Civil Code, for 4 (four) working days. Upon receipt by the Customer of the confirmation of receipt of the Order sent by Tenuta Stella Maris srl or, in the absence of such confirmation, upon delivery of the items covered by the Order, a binding contract shall be deemed to have been entered into between Tenuta Stella Maris srl and the Customer (the “Contract”). In the event of non-acceptance of the order, Tenuta Stella Maris srl does not guarantee prompt communication to the customer.
5. PRODUCT INFORMATION The photographs illustrating the products on this site are not part of the contractual scope. The image accompanying the descriptive sheet of a product may not be perfectly representative of its characteristics and may differ in color, size, or accessory products shown in the picture. All information provided to support the purchase should be considered as simple generic informational material, not referring to the actual characteristics of a single product.
6. PRODUCT AVAILABILITY Customer orders are fulfilled within the limits of the quantities available in stock. In the event that the ordered product is not available, Tenuta Stella Maris srl undertakes to contact Customers by e-mail within 3 working days from the date of the order to inform them of the time required for delivery of the ordered product.
7. PRICE Tenuta Stella Maris srl.it reserves the right to change the prices of the items sold through the website www.tenutastellamaris.com at any time, it being understood that the price of the items offered on the site shall be considered as the one indicated up to the moment the Order is sent. The prices indicated are retail prices, inclusive of VAT and all other taxes.
8. PAYMENT METHODS Unless otherwise agreed, the Customer will pay the full price of the ordered items at the time of placing the Order. The following payment methods are available: 1) Credit card Visa, Mastercard, American Express; 2) Payment via the secure “Paypall” system; 4) Advance bank transfer. In the latter case, the reason for the bank transfer must include the order reference number; name and surname of the order holder. Tenuta Stella Maris srl reserves the right to deliver the purchased items only after receiving payment of their full price. The products ordered by the Customer will be reserved until proof of payment has been received. The shipment of the ordered items will take place only upon actual crediting of the amount due to the Tenuta Stella Maris srl bank account, which must occur within 7 working days from the date of order acceptance. If these deadlines are exceeded, the order will be considered automatically cancelled. If, due to errors and/or mishaps, the goods delivered to the customer do not correspond to the order placed, they must be, without exception, returned within 7 days of receipt to Tenuta Stella Maris srl. The Customer agrees to receive invoices exclusively in electronic format.
9. DELIVERY METHODS AND COSTS The delivery costs are specified during the online order confirmation. Payment for the goods by the Customer will be made using the method chosen at the time of the order. Nothing more is due from the Customer beyond the total order amount and any delivery costs. Tenuta Stella Maris srl cannot be held responsible for any delay in processing the order or in delivering the ordered goods. Tenuta Stella Maris srl reserves the right to refuse or not execute orders whose delivery must take place outside the Italian territory, or in the municipalities of Livigno or Campione d’Italia or on islands other than Sardinia and Sicily. For deliveries, Tenuta Stella Maris srl will use a carrier of its choice. Where the item is marked as “available”, Tenuta Stella Maris srl will ship said item as soon as possible or, in the case of advance payment by bank transfer, within 5 (five) working days following confirmation of receipt of the Order. Tenuta Stella Maris srl will not be responsible for non-delivery or delayed delivery in the event that: (a) it is unable to remedy the unavailability of such items and has promptly informed the Customer of such unavailability, informing them of the right of withdrawal as set out in Section 10 below. In the event of unavailability of an item, Tenuta Stella Maris srl will refund the Customer any advance payments of the price within 30 (thirty) days from the later of the day following the Order being sent and the day of receipt of payment. Tenuta Stella Maris srl will not be responsible for non-delivery or delayed delivery due to force majeure, such as – by way of example – strikes, measures by Public Authorities, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, inundations, and damage to industrial machinery not attributable to Tenuta Stella Maris srl. Tenuta Stella Maris srl will promptly inform the Customer of the occurrence and cessation of a force majeure event. If the force majeure event persists for a period exceeding 4 (four) weeks, each party will have the right to withdraw from the contract. In the event of withdrawal pursuant to this Section 10, the Customer will not be entitled to any compensation or indemnity for any reason, except for the right to the return of any amounts already paid as the price. In the case of a purchase made by a Consumer, the risk of accidental loss of the item remains with Tenuta Stella Maris srl until the item is delivered to the Consumer or to another person indicated by the Consumer, regardless of whether the shipment of the item is insured or not. In the case of a purchase made by someone other than a Consumer, the risk of accidental loss of the item passes to the Customer upon delivery of the item by Tenuta Stella Maris srl to the first carrier. At the time of delivery of the goods by the courier, the Customer is required to check that the number of packages delivered corresponds to that indicated on the transport document; that the packaging is intact, not damaged, nor wet or otherwise altered, including the sealing materials (adhesive tape or metal strapping). Any damage to the packaging and/or product or the lack of correspondence in the number of packages or indications must be immediately contested by placing a WRITTEN RESERVATION OF INSPECTION on the courier’s delivery receipt. Once the courier’s document has been signed, the Customer cannot raise any objection regarding the external characteristics and physical integrity of what has been delivered; therefore, if products are accepted without reservation, no complaints will be accepted and it will not be possible to initiate procedures for the replacement of the goods. Any problems relating to the products received must be reported no later than 8 days after delivery (the date shown on the courier’s DDT will be valid). Any problems relating to the physical integrity, correspondence, or completeness of the products received must be reported within 8 days of delivery, according to the procedures set out in this document. If the material stored at the courier’s warehouse is not collected within 5 working days due to repeated inability to deliver to the address indicated by the Customer at the time of the order, the order will be automatically cancelled.
10. RIGHT OF WITHDRAWAL Internet product sales are governed by Legislative Decree No. 185 of 22/05/1999, which regulates distance contracts, i.e., those made outside commercial premises. This regulation establishes the right of withdrawal, meaning the possibility for the “Consumer” to return the purchased product and obtain a refund of the amount paid. The right of withdrawal is reserved exclusively for individuals defined as “Consumers” and therefore cannot be exercised by legal entities or individuals acting for purposes related to any professional activity carried out. Accordingly, in compliance with the legal provisions in force, if the buyer is a consumer (i.e., a natural person who purchases goods for purposes not related to their professional activity and does not resell the products), they have the right to withdraw from the purchase contract for any reason, without having to provide explanations and without any penalty, except as indicated in the following point. In compliance with the information obligations set out in Art. 52, paragraph 1, letters (f) and (g) of Legislative Decree 6 September 2005, No. 206 (the “Consumer Code”), the terms and conditions governing the right of withdrawal in favor of the Consumer are set out below. The right of withdrawal in favor of the Consumer does not apply to contracts concerning items that, by their nature, cannot be returned. Below are the instructions for exercising the right of withdrawal as well as the consequences of such withdrawal. The Consumer has the right to withdraw from the contract. The right of withdrawal must be exercised within 10 (ten) working days from the date of delivery of the item (in the case of multiple deliveries, from the date of the first partial delivery): (a) by communication (even without specifying any reasons) to be sent by registered letter with acknowledgment of receipt, or by e-mail; or (b) by returning the item to Tenuta Stella Maris srl at the addresses indicated below within the same period of 2 (two) weeks from the date of delivery of the item. The substantial integrity of the item to be returned is an essential condition for exercising the right of withdrawal. The right applies to the purchased product in its entirety; it is not possible to exercise withdrawal only on part of the purchased product. It is sufficient, however, that the item is returned in a normal state of preservation, as it has been kept with normal diligence. The notice of withdrawal must be addressed to: Tenuta Stella Maris srl Viale A. Vespucci, 121 – 64100 Teramo (TE) Tel: +39 347 4632920 e-mail: info@tenutastellamaris.it. The items must be returned to the same address indicated above. Consequences of withdrawal If the Consumer has exercised their right of withdrawal in accordance with the provisions of these GTC, the services already received by the Consumer and/or by Tenuta Stella Maris srl must be returned. The refund of the price paid by the Consumer will be made by Tenuta Stella Maris srl, provided that the item has been returned by the Consumer, within 30 (thirty) days from the date of receipt by Tenuta Stella Maris srl of the notice of exercise of withdrawal or, if earlier, from the date on which Tenuta Stella Maris srl has received the item returned by the Consumer. The costs and risks related to the return of the item are borne by the Customer. From the expiry of the 10 (ten) working days period for exercising the right of withdrawal referred to in the previous Section 10, Tenuta Stella Maris srl grants the Consumer an additional right to withdraw from the Contract within the following 15 (fifteen) days. The items must be returned properly packaged in their original packaging, in perfect resale condition (not ruined, damaged), accompanied by the delivery document (present in the original packaging), so as to allow Tenuta Stella Maris srl to identify the Customer (Order number, name, surname, and address). If the returned item does not comply with the provisions of this paragraph, the withdrawal will not be effective. To consult Legislative Decree 6 September 2005, No. 206 - Consumer Code, you can use the following link https://www.agcm.it/competenze/tutela-del-consumatore/pratiche-commerciali-scorrette/dettaglio?id=e0...
11. RETENTION OF TITLE AGREEMENT The item purchased by the Customer will remain the exclusive property of Tenuta Stella Maris srl until the Customer has paid the full price of the item.
12. DATA PROTECTION Tenuta Stella Maris srl reserves the right to retain the data of each Order as well as the Customer's contact details solely for the purpose of using them for the correct execution of the Order (including through transmission to commercial partners involved in payment management, Order execution and/or shipment of the item), and for any recommendations or instructions to the Customer regarding the item. The storage and processing of data will take place in accordance with the contents of the Personal Data Protection Statement issued by Tenuta Stella Maris srl. Without prejudice to the foregoing, any use of the Customer's personal data will be subject to the provisions contained in the aforementioned Personal Data Protection Statement.
13. APPLICABLE LAW AND JURISDICTION These GTC are drawn up in Italian. The GTC and individual contracts shall be governed by Italian law and, therefore, interpreted and executed in accordance with the same, except as expressly derogated by them and without prejudice to the application of mandatory legal provisions of the place of residence of the Consumer. The application of the 1980 Vienna Convention on the International Sale of Goods (CISG) and any other international agreement and/or convention is expressly excluded. In the case of contracts concluded with Professionals, or contracts concluded with Consumers residing in non-EU countries where there is no regulation in favor of the Consumer, the Court of the place where Tenuta Stella Maris srl. has its registered office shall have exclusive jurisdiction to settle any dispute arising from or connected with these GTC and/or individual contracts. In any case, Tenuta Stella Maris srl reserves the right to bring an action before the court of the Customer's place of residence.
14. AMENDMENT OF THE GENERAL TERMS AND CONDITIONS OF SALE Tenuta Stella Maris srl will inform the Customer of any changes to the provisions of these GTC. The amended GTC will become an integral part of new contracts as a result of the Customer submitting the first Order following receipt of the notice of amendment.
15. REPLACEMENT CLAUSE Should any current or future provision of the GTC and/or the contract be or become wholly or partially null and/or ineffective, or should there be a gap in the provisions of the GTC and/or the contract, the remaining provisions of the GTC and the contract shall in any case remain valid and effective. It is understood that Tenuta Stella Maris srl and the Customer undertake to negotiate in good faith to fill the gap or to replace the null and/or ineffective clause with the aim of achieving the same results pursued by the invalid or ineffective clause and to safeguard the economic substance of the contract. Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Customer expressly declares to approve the provisions of the following Sections of these GTC: 3 (Consultation of the terms and conditions of the contract), 4 (Conclusion of the contract), 5 (Product information), 6 (Product availability), 7 (Price), 8 (Payment methods), 9 (Delivery methods and costs), 10 (Right of withdrawal), 11 (Retention of title agreement) and 13 (Applicable law and competent court)
COPYRIGHT All contents of the site www.Tenuta Stella Maris srl are protected by copyright. Individual pages or sections contained on the site may be downloaded or printed, provided that no copyright mark or any other legally protected mark is removed. The site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, linked, or used for public or commercial purposes without the prior written consent of the seller. These GTCs constitute intellectual property protected by copyright. Their use, even partial, by third parties for commercial purposes is not permitted. Any violations will be prosecuted criminally.
Viale A. Vespucci, 121
Piano d'Accio
Teramo
64100
Italy
REA Number TE -139344 - VAT IT01625380678
Privacy Policy
Cookie Policy