GENERAL TERMS AND CONDITIONS OF SALE

Premise

The following Terms and Conditions of Sale regulate the sale on this website www.reschiocollections.com (Website) owned by Reschio S.r.l., with registered office in Lisciano Niccone (PG), località Fattoria di Reschio snc, cap 06060, Chamber of Commerce of Camera di Perugia, VAT number IT05230420480, share capital of 50.000,00 € fully paid (Castello di Reschio).

Article 1. Application Scope

1.1 The sale on the Website represents a distance sale agreement regulated by Chapter I, Title III (Section 45 et seq.) of Legislative Decree 6 September 2005, No. 206 (Italian Consumer Code) and by Legislative Decree 9 April 2003, No. 70 on electronic commerce.

1.2 The Terms and Conditions of Sale apply to all sales processed by Castello di Reschio on the Website. The terms are calculated only considering business days and excluding Saturdays, Sundays and Italian national holidays.

1.3 Terms and Conditions of Sale can be changed and / or modified at any time. Eventual changes and / or new conditions will be valid starting from the date of their release on the Website. For this reason, before placing any order, the users are kindly invited to visit regularly the website in order to read the most updated version of the Terms and Conditions of Sale.

1.4 The applicable Terms and Conditions of Sale are those in force at the date on which a purchase order is placed.

1.5 These Terms and Conditions of Sale do not regulate the sale of products and/or the supply of services by parties other than Castello di Reschio, available on the Website through links, banners or hyperlinks. Before engaging in commercial transactions with these parties, the user must check their conditions of sale. Castello di Reschio is not liable for the supply of services and/or the sale of products by these parties. Castello di Reschio does not carry out any checks on and/or monitoring of the websites that can be reached through these links. Castello di Reschio takes no responsibility for the contents of these Websites, nor for any possible mistakes and/or omissions and/or legal breaches by the said websites.

1.6 The user shall carefully read these Terms and Conditions of Sale and all other information that Castello di Reschio provides on the Website.

1.7 The submission of the purchase order constitutes acceptance of these Terms and Conditions of Sale.

 

Article 2. Purchasing through the Website

2.1 The purchase through the Website is allowed to the user who acts as a consumer pursuant to art. 3, paragraph I, letter. a) of the Italian Consumer Code. It is recalled that the quality of consumer is the natural person acting for purposes unrelated to the business, commercial, professional or craft eventually carried out.

2.2 In the case of orders that are anomalous in relation to the quantity and/or frequency of purchases, Castello di Reschio reserves the right to take all necessary action to stop the irregularities.

2.3 Castello di Reschio reserves the right to refuse or cancel orders placed:

• by a user with whom Castello di Reschio is in dispute;

• by a user who has breached this Terms and Conditions of Sale; 

• by a user who has committed crimes; • by a user who has sent false, incomplete or otherwise inaccurate personal data or who has not sent Castello di Reschio the required documents.

2.4 You agree to inform Castello di Reschio immediately if you suspect or become aware of any misuse or improper disclosure of any information you have entered on the Website.

2.5 You warrant that the personal information provided by you is complete and truthful and you agree to indemnify and hold Castello di Reschio harmless from any damages, liabilities and/or penalties arising out of and/or in any way connected with the breach of this undertaking.

Article 3. Information Required for Entering into an Agreement

3.1 In accordance with Legislative Decree of April 9 2003, No. 70 on electronic commerce, Castello di Reschio hereby informs the user that:

• to conclude the purchase agreement on the Website, the user must fill out an order form in electronic format and send it to Castello di Reschio electronically, following the instructions that will appear from time to time on the Website;

• the agreement is concluded when the order form reaches the server of Castello di Reschio

• once the order form has been submitted, Castello di Reschio will send the user, at the provided e-mail address, an order confirmation email will contain at least the following information: (i) Seller's details; (ii) characteristics of the Product purchased; (iii) purchase price and any taxes; (iv) any additional charges; (v) right of withdrawal or its exclusion; (vi) shipping address; and (vii) means of payment used.

Article 4. Product Description

4.1 The description of the Product provided by the Website is for illustrative purposes and must therefore be understood as indicative.

4.2 The colours of the Products on the Website are indicative and may depend on the resolution of the device used by the user. Castello di Reschio assumes no responsibility if the colour of the Product differs from that expected by the user. Users are invited to contact Castello di Reschio in case of doubts on the colour of one or more Products on the Website.

4.3 On the Website are sold food Products. Before purchasing any food product offered for sale on the Website, please inform Castello di Reschio if you have any food allergy, intolerance or discomfort. If you fail to do so, Castello di Reschio shall not be liable in any way whatsoever for any damage that you may suffer as a result of purchasing food products from the Website.

4.4 On the Website you are given the opportunity to purchase alcoholic Products. During the purchase process, you will be required to declare that you are of legal age to purchase alcoholic beverages. Pursuant to Italian law, the purchase of alcoholic products is forbidden to subjects who have not reached 18 years of age. The purchase of alcoholic products is only permitted to users who provide a shipping address located in Italy. The customer undertakes to indemnify and hold Castello di Reschio harmless from any liability, damage or penalty arising from false or misleading statements regarding their age or the minimum age required for the purchase of alcoholic products.

Article 5. Availability of Products

5.1 The Products offered on the Website are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.

5.2 On the Website information on Product availability is available. The availability of Products is continuously monitored and updated. However, since the Website may be visited by several users at the same time, it may happen Website several users purchase the same Product at the same time. In such cases, therefore, the Product may be available for a short period of time, but it may be out of stock or not immediately available and it may be necessary to wait for restocking.

5.3 You will be informed in case of unavailability of the ordered Product. In this case you will be entitled to terminate the purchase contract. However, please note that before requesting the termination of the contract, Castello di Reschio reserves the right to implement these measures:

• In the event that a reassortment is possible, an extension of the delivery terms, offered by Castello di Reschio, with indication of the new delivery term.

• If a restocking is not possible, Castello di Reschio will provide a different product of equivalent or higher value, subject to payment, in the latter case, of the difference, and upon express acceptance of the user. 

5.4 If a refund is requested for the amount paid for the purchase of Products which are subsequently found to be unavailable, Castello di Reschio shall make the refund within a maximum period of days.

5.5 If you exercise your right to terminate the contract, the contract will be terminated. In the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional cost, as resulting from the order (Total Amount Due) has already been made, Castello di Reschio will refund the Total Amount Due in accordance with the provisions of the article "Payment Methods" below.

Article 6. Prices

6.1 All prices are VAT included. For sales to countries outside the European Union, the indicated prices do not include taxes or customs duties. These charges will be borne by the customer and must be paid at customs upon delivery.

6.2 Castello di Reschio hereby reserves the right to change the price at any time, without prior notice, it being understood that the price charged to the user shall be the one listed on the Website at the time the order is placed, and no fluctuations (increase or decrease) shall register subsequent to the transmission of said order.

6.3 Shipping costs are your responsibility, unless otherwise stated.

6.4 Castello di Reschio will only dispatch the Products once it has received confirmation of authorization for payment or credit of the Total Amount Due. Title to the Products will pass to you on dispatch, which will be deemed to be the time when the Product is handed over to the carrier. The risk of loss of or damage to the Products due to causes not attributable to the Seller shall pass to you when you or a third party appointed by you other than the carrier takes physical possession of the Products.

6.5 The purchase contract shall be terminated if you fail to pay the Total Amount Due. Unless otherwise agreed in writing with you, the order will be cancelled accordingly.

6.6 If there is an error in the price of the Product indicated on the Website, the Seller reserves the right to inform the customer of the correct price even after the purchase order has been concluded. In this scenario, the customer may either accept the new price or dissolve the purchase contract. Castello di Reschio may also cancel the Product purchase agreement in such cases. Castello di Reschio may also cancel the sale if there is an error in the availability of the Product.

Article 7. Payment Methods for Purchases Made through the Website

7.1 The payment on the Website can be made by payment cards and PayPal.

7.2 Castello di Reschio accepts the following credit cards:

• VISA

• MasterCard (Cirrus Maestro)

• American Express

• Discover

• Apple pay

• Google pay 

The charge will only be made after (i) your payment card details used for payment have been verified and (ii) the issuer of the payment card used by you has issued the debit authorization.

Pursuant to Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that he/she may be required to complete the purchase process by meeting the authentication criteria required by the payment institution in charge of handling the online payment transaction. The authentication criteria refer to the identity of the user (to meet this criterion the user must be registered on the Website during the purchase transaction) and the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete this procedure may make it impossible to finalize the purchase on the Website.

The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the relevant payment institution without passing through the servers used by Castello di Reschio. Castello di Reschio therefore never has access to and does not store the data of your payment card used to pay for the Products.

7.3 On the Site you can make purchases through the payment solution PayPal. If you choose PayPal as a means of payment, you will be redirected to the site www.paypal.it where you will make the payment according to the procedure provided and regulated by PayPal and the terms and conditions agreed between you and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with Castello di Reschio. Castello di Reschio is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected to that account.

7.4 If, for any reason whatsoever, Castello di Reschio has to make any kind of refund to you for the purchase of one or more Products, the Seller will proceed with the refund on the same means of payment used by you, unless otherwise agreed between you and Castello di Reschio. Any delays in the refund may depend on the bank, the type of credit card or the payment solution used.

Art. 8. Delivery of Products

8.1 The delivery of the Products is carried out in: Australia, Austria, Belgium, Bulgaria, Canada, Croatia, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, the United Kingdom, the

8.2 The delivery obligation is fulfilled by the transfer to you of the material availability or control of the Product.

8.3 The approximate delivery times for Products, calculated from the date on which the order is placed, are as follows:

• 1 – 2 business days: Austria, Belgium, Bulgaria, Croatia, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, the United Kingdom.

• 2 – 3 business days: Canada, the United States.

• 3 – 4 business days: Australia.

8.4 The delivery time indicated in Article 8.3 is to be considered indicative and not binding, as it is subject to operational, logistical or customs variables that are not always predictable. Castello di Reschio reserves the right to deliver the Products within 30 days of the order being placed. Castello di Reschio shall not be liable for delays attributable to the carrier, customs checks, force majeure or circumstances not directly attributable to its organisational sphere.

8.5 It is up to you to check the condition of the Product delivered. Being understood that the risk of loss or damage of the Product, for causes not attributable to Castello di Reschio is transferred when you, or a third party appointed by you and different from the carrier, materially comes into possession of the Product, Castello di Reschio recommends you to check the number of Products received and that the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials and you are invited, in your interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. In the event that the package presents obvious signs of tampering or alteration, it is appropriate to give prompt notice to Castello di Reschio.

8.6 The user acknowledges that collecting the Product is his specific obligation. In the event of failure to collect the Product, Castello di Reschio reserves the right to terminate the purchase contract and to claim compensation for any damage suffered as a result of the failure to collect the Product.

Art. 9. Right of Withdrawal

9.1 The right of withdrawal is the right of the Consumer to terminate the purchase contract without being obliged to provide a reason. If you purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with Castello di Reschio.

9.2 You do not have the right of withdrawal provided for in Article 52 of the Italian Consumer Code in relation to Products sold on the Website which, by their nature, are likely to deteriorate or expire rapidly. For such Products, the provisions on withdrawal do not apply, since, otherwise, Castello di Reschio would be unable to resell goods that are no longer suitable for use by other consumers. The Website also sells sealed goods that cannot be returned for hygiene or health protection reasons. If such goods are opened after delivery, the right of withdrawal is definitively excluded. On the Site are sold goods made to measure or clearly personalized. If you act as a consumer, the following rules on the right of withdrawal does not apply for specific provision of law. In fact, if this were not so, Castello di Reschio would be unable to resell a product made specifically for you. 

9.3 If you are a Consumer (and if no exceptions apply) you have the right to cancel the contract for the purchase of the Product without giving any reason and without incurring costs other than those provided for in this article within a period of fourteen calendar days (Cooling-Off Period). The Withdrawal Period expires after 14 days:

• in the case of an order for a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;

• in the case of a Multiple Order with separate deliveries, from the day on which you or a third party other than the carrier and nominated by you takes physical possession of the last Product; or

• in the case of an order for delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and nominated by you, takes physical possession of the last lot or piece.

9.4 To exercise your right of withdrawal, you must inform Castello di Reschio, before the expiry of the Withdrawal Period, of your decision to withdraw. To this end, you can write to Castello di Reschio at the contact details indicated in Article 12 below or use the contact form on the Website. You have exercised your right of withdrawal within the Withdrawal Period if notice of the exercise of your right of withdrawal is sent by you before the expiration of the Withdrawal Period.

9.5 Unless otherwise agreed, the direct costs of returning the Products shall be borne by the Consumer, as well as the responsibility for the transportation of the same. In case of exercising the right of withdrawal, the Product must be delivered at Castello di Reschio's premises, or at the different address communicated by Castello di Reschio.

9.6 If the withdrawal is applicable, Castello di Reschio shall proceed to refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any event no later than 14 calendar days from the day on which Castello di Reschio was informed of the decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction, unless otherwise agreed between you and Castello di Reschio. In the event that the Products have been shipped using a carrier of the Consumer's choice and at the Consumer's expense, the Seller may suspend the refund until receipt of the Products or until the Consumer demonstrates that the Products have been returned, whichever is earlier.

9.7 The Consumer is only responsible for the diminished value of the goods resulting from handling the Product in a manner different from that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all the accessories and illustrative sheets, with the identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and without signs of wear or dirt. Moreover, the withdrawal is applied to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.

9.8 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from a handling of the goods other than that necessary to establish the nature, characteristics and operation of the Product, the Seller reserves the right to deduct from the amount of the refund an amount equal to this decrease in value. Castello di Reschio will give notice of this circumstance and of the consequent decrease in the refund amount, providing, if the refund has already been paid, the bank details for the payment of the amount due by the user due to the decrease in value of the Product. In the event that the withdrawal has not been exercised in accordance with the provisions of applicable law, it will not result in the termination of the contract and, consequently, will not entitle the user to any refund.

Article 10. Legal Guarantee of Conformity

All the Products sold on the Website are covered by the legal guarantee of conformity provided by articles 128-135 by Legislative Decree N. 128-135 of Consumer Code (Legal Guarantee).

To whome it applies

The Legal Warranty is reserved for consumers. It therefore applies solely to users who have made the purchase on the Website for purposes other than entrepreneurial, commercial, craft or professional activities.

When it applies

Castello di Reschio is liable vis-à-vis the consumer for any non-conformity existing at the time of delivery of the product and becoming visible within two years of said delivery. Castello di Reschio must be informed of the non-conformity.

Unless there is proof to the contrary, it shall be assumed that the lack of conformity that becomes apparent within twelve months from the delivery of the Product already existed on that date, unless such assumption is incompatible with the nature of the Product or the nature of the lack of conformity. Starting from the twelfth month following the delivery of the Product, it shall instead be the burden of the Consumer to prove that the lack of conformity already existed at the time of the delivery of the same.

In order to take advantage of the Legal Guarantee, you must thus provide proof of the date of the purchase and delivery of the good. It is therefore advisable, for the purpose of proving the purchase, that you keep the invoice sent by Castello di Reschio, as well as the transport document or any other document certifying the date of the purchase (such as the credit card statement or the bank statement) and the delivery date. In case of termination of the contract, Castello di Reschio will return to the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional cost.

In case of price reduction, Castello di Reschio will refund the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.

Castello di Reschio shall not be held liable in the event of damage of any kind resulting from the improper use of the Product or in the event of damage resulting from unforeseeable circumstances or force majeure.

Article 11. Applicable Law and Jurisdiction; out-of-court settlement of disputes

11.1 The purchase contracts concluded between you and Castello di Reschio are governed by the Italian law. To the users regularly non residents in Italy will be applied possibly more favorable and mandatory provisions provided by the law of the country in which they are habitually resident, and in particularly related to the term for the exercise of the right of withdrawal, to the term to return the Products, in case the User would like to exercise this right, to the methods and the formalities of the communication of this right and to the legal conformity guarantee.

11.2 If you are a "consumer", for any dispute concerning the application, execution and interpretation of these Terms and Conditions of Sale, the Jurisdiction is where you have your residence or you have elected your domicile.

11.3 According to Article 141-sexies, comma 3 Legislative Decree of 6 September 2005 N. 206 (Consumer Code), Castello di Reschio informs the user as an end consumer whom Article 3, comma 1, lett. a) of the Consumer Code, that, in case he/she has submitted a complaint directly to Castello di Reschio, as a result of which it was not possible to resolve the controversy that arose, Castello di Reschio will provide the informations concerning the organization of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations arising from a contract concluded in accordance with these Terms and Conditions of Sale (ADR organizations, as indicated in Article 141-bis and followings of the Consumer Code), also specifying if it wants to use or not these organizations in order to solve the dispute.

11.4 Whatever it is the outcome of the out-of-court settlement procedure of disputes relating to consumption relationships through recourse to the procedures set out in Part V, Title II-bis of the Consumer Code, in any case the consumer has always the right to bring legal action before the competent Court.

11.5 For any disputes related to the application, execution and interpretation of these Terms and Conditions of Sale, the user who resides in a member state of the European Union other than Italy can also access the European procedure established for small claims, by the Regulation (CE) N. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed Euros 5,000.00, excluding interest, rights and expenses. The text of the regulation can be found on the website www.eur-lex.europa.eu.

Article 12. Customer Care and Complaints

You may request information, send communications, ask for assistance or submit complaints by contacting Castello di Reschio's Customer Service as follows:

• by email, writing to: customercare@reschio.com Castello di Reschio will provide a response within 2 days of receipt.