IN THIS SECTION, YOU WILL FIND ALL THE LEGAL INFORMATION GOVERNING ACCESS TO AND USE OF THE SHOP OF BOSCO DE’ MEDICI WINERY – POMPEII SOCIETA’ COOPERATIVA SOCIALE A R.L.

ACCESS TO AND USE OF THIS WEBSITE, AS WELL AS THE PURCHASE OF BOSCO DE’ MEDICI WINERY PRODUCTS, PRESUPPOSE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE FOLLOWING GENERAL TERMS AND CONDITIONS OF SALE.

WE THEREFORE INVITE YOU TO REGULARLY ACCESS THIS SECTION TO CHECK, BEFORE MAKING ANY PURCHASE, FOR THE MOST RECENTLY PUBLISHED AND UPDATED GENERAL TERMS AND CONDITIONS OF SALE OF HTTPS://WWW.BOSCODEMEDICIWINERY.IT

I. SCOPE OF APPLICATION

1. These General Terms and Conditions of Sale (“Conditions”) govern the sale of products and services through the website www.boscodemediciwinery.it (“Website”) and form an integral part of any Sales Contract (“Contract”) concluded online between Palomba Corporation srl – VAT/Tax Code 03077881211 – NA-542902, vicolo San Abbondio 10, 80045 Pompei (NA), Italy, and any person who purchases products or services through the Website (“Customer”).
2. Any purchase order is governed by these Conditions, without prejudice to the Seller’s ability to apply different or specific conditions. The applicable Conditions are those in force at the time of the order.
3. The Seller reserves the right to modify these Conditions at any time, without notice. The changes will take effect upon publication on the Website.
4. These Conditions do not govern the sale of products or services by parties other than the Seller who may be present on the Website via links, banners, or other connections, for which the Seller assumes no responsibility.

II. ORDERS

5. Before confirming the order, the Customer must read and expressly accept these Conditions by selecting the appropriate checkbox. By placing an order, the Customer guarantees that they have the legal capacity to enter into binding contracts and have reached the age of majority as required by applicable law.
6. The Seller offers products for sale within the limits of the stock available at the time of the order. Orders may be subject to minimum or maximum quantity limitations.
7. The Customer may purchase only the products listed in the electronic catalog at the time the order is submitted, as described in the respective product sheets. Images and technical information are for illustrative purposes only and may be subject to change without notice.
8. The technical steps for placing an order are described on the Website through explanatory texts and graphics.
9. By clicking on “Confirm Order,” the Customer submits a purchase proposal to the Seller. Receipt of the order does not constitute acceptance of the proposal.
10. The order is considered complete only when:
    a) the Customer has read and accepted the Conditions;
    b) all required fields in the Order Form have been completed electronically;
    c) payment has been made, including shipping costs;
    d) the Order Form has been submitted electronically;
    e) the Seller has received the order electronically.
11. Order receipt is automatically confirmed via email; this confirmation does not constitute acceptance.
12. The Contract is considered concluded only upon the Seller’s express acceptance by sending an Order Acceptance Receipt via email to the Customer, or upon delivery of the ordered items. After acceptance, the order cannot be changed or canceled, except by exercising the right of withdrawal.
13. The Seller may reject orders only in the following cases:
    – non-payment;
    – incomplete or incorrect data;
    – temporary or permanent unavailability of products;
    – violation of contractual terms or legal provisions.
    In such cases, the Seller will promptly inform the Customer and refund any amounts already paid.

III. PAYMENT OF THE PRICE

14. The price of the products is the one in effect at the time of the order. Shipping costs are not included but are indicated and calculated before the order is finalized and payment is made. All prices include VAT.
15. The Seller reserves the right to change prices at any time, without notice, except for orders already confirmed. In case of a price change between order and confirmation, the Customer will be informed and may accept or reject the change without charge.
16. The Customer may pay using the methods indicated on the Website. In the case of payment by bank transfer, the order will be processed only after receipt of the funds. Financial information is managed solely by payment circuits and is not stored by the Seller.

IV. SHIPPING AND DELIVERY OF PRODUCTS

17. Orders are processed from Monday to Friday from 9:00 AM to 5:00 PM. Orders received after 5:00 PM on Friday will be processed the following Monday. Shipping is carried out by courier to the address provided by the Customer, usually within 24 business hours from the order acceptance. Delivery generally occurs within 30 days from the order acceptance, unless unforeseeable or unavoidable force majeure events occur.
18. For shipments outside the national territory, the Customer is responsible for paying any import taxes and customs duties required by the laws of the destination country.
19. The courier is responsible for delivery. The Seller will collect any reports of non-delivery or delayed delivery.
20. Any damage to the packaging and/or products or discrepancies in the number of packages must be reported to the courier on the delivery document. Reporting to the Seller is recommended within 8 days of delivery, but failure to comply with this period does not affect the Customer’s warranty rights under the law.

V. INVOICING

21. The Seller will issue an invoice only if requested by the Customer at the time of the order, by providing the necessary data (tax code, VAT number, SDI code for Italian customers). No invoice may be issued or modified after the order.

VI. RIGHT OF WITHDRAWAL AND RETURNS

22. Except as provided in Article 59 of Legislative Decree 206/2005, the Customer has the right to withdraw from the contract within 14 days of delivery, by informing the Seller of the return procedures. The Customer is responsible for any decrease in value of the goods resulting from handling other than what is necessary to ascertain the nature, characteristics, and functioning of the goods. Original packaging is recommended but not mandatory; in its absence, the product must still be returned intact and complete with accessories and documentation. The right of withdrawal is excluded only in the cases provided for in Article 59 of the Consumer Code (e.g., customized products, sealed items not suitable for return for hygiene reasons once opened, perishable goods).
23. In case of withdrawal, the Customer must return the goods within 14 days of notification, at their own expense. The return of perishable food products is not permitted, except as provided by law.
24. The Seller will fully refund the purchase price, including standard delivery charges incurred at the time of the order. Additional costs arising from a delivery choice other than the least expensive standard method offered are excluded. The refund will be made using the same payment method used by the Customer. The Seller may withhold the refund until it has received the goods or proof of shipment from the Customer. If the person who placed the order and the payer are different, the refund will be made to the payer.

VII. LEGAL WARRANTY OF CONFORMITY

25. All products sold by the Seller, other than perishable food products, are covered by the legal warranty of conformity provided for in Articles 128-135 of the Consumer Code, valid for 24 months from delivery. For food products with an expiration date of less than 24 months, the warranty applies until that date.
26. In case of a conformity defect, the Customer has the right, free of charge, to repair or replace the product, at their choice, unless the requested remedy is objectively impossible or excessively burdensome. Alternatively, the Customer may request a price reduction or contract termination in the cases provided by law.
27. The Customer forfeits the warranty rights if they do not report the conformity defect to the Seller within two months of discovery. The complaint may be sent via email to info@boscodemediciwinery.it, preferably with photographic evidence.
28. The warranty is void if the products have been tampered with or modified by the Customer.

VIII. APPLICABLE LAW, JURISDICTION AND DISPUTE RESOLUTION

29. These General Conditions and the Contract are governed by Italian law, without prejudice to the application of the 1980 Vienna Convention.
30. For any dispute concerning the relations governed by these Conditions or the Contract, if the Customer is a consumer, the competent court shall be that of the Customer’s place of residence or domicile under Article 66-bis of the Consumer Code. To promote the amicable resolution of disputes, the Customer may use the European Commission’s ODR platform available at the link: https://ec.europa.eu/consumers/odr. The Seller designates the Arbitration Chamber of Milan (www.camera-arbitrale.it) as its reference ADR body.

IX. PRE-CONTRACTUAL INFORMATION (Art. 49 Consumer Code)

Pursuant to Article 49 of the Consumer Code, please note:
• The Seller’s contact details are provided at the beginning of these Conditions;
• The essential characteristics of the products are described on the respective pages;
• Prices, taxes, costs, and payment methods are clearly stated;
• Conditions and procedures for exercising the right of withdrawal are outlined in Section VI;
• Legal warranties are described in Section VII;
• Complaint procedures are specified in Section VII (info@boscodemediciwinery.it);
• Out-of-court resolution is available through the EU ODR platform or ADR bodies as indicated above.