General terms and conditions
1 – GENERAL TERMS – (a) These provisions (hereinafter, “General Terms and Conditions”) regulate and are an integral part of deeds of sale between Tenuta di Bibbiano Società Agricola S.r.l., based in Bibbiano, 53011 Castellina in Chianti, Siena, Italy, Tax Code and VAT number 00522320522 (hereinafter “The Seller”) and professional and non-professional purchasers (hereinafter “the Customer”) of wines, oils and any other goods or services offered by the Seller. They are published both in Italian and English on the website http://bibbiano.com/condizioni-generali-di-contratto/?lang=en, they are reported in the order confirmation mentioned below at § 2 and are applied to all transactions between the Seller and the Purchaser. (b) Any deviating condition or term is specifically applied only if confirmed by the Seller in writing. (c) The Seller reserves the right to modify, integrate and amend these General Contract Terms at any moment whatsoever and without any advance notification; said changes are to be applied to any and all transactions thereafter.
2 – ORDERS – After any specific offer, the Customer sends his order, in PDF format, to buy Products, in the form of an attachment to his e-mail to be sent to the Seller submitting the offer. The Seller notifies acceptance by means of a pro forma invoice (hereinafter the “Document”) sent to Customer’s e-mail address, containing all details of the transaction related to order processing (description of Products, amount, delivery time and place, as well as delivery mode, price, payment terms and any other details that are needed to complete the transaction) as well as these General Contract and Terms. Within the date specified in the Document, the Customer sends this Document to the Seller’s e-mail address, duly signed with two digital signatures for acceptance, or, as an alternative to digital signatures, signing this Document in both indicated places and returning it as a scanned copy. According to art. 1341, subparagraph 2 of the Italian Civil Code, the second Customer’s signature implies specific acceptance of the following provisions of these General Terms and Conditions: 8 (lapse from act related to Product damage or fault), 9 (Product faults), 10 (Seller’s liability), 14 (Court and Jurisdiction). Acceptance of this Document is binding upon the Seller in terms of order confirmation, as well as upon the Customer, regarding General and Specific Contract and Terms, mentioned in this Document. The Customer is neither entitled to any compensation, refund and/or set-off, nor to any other request and/or liability for direct or indirect damage that may result from partial or total non-acceptance of any order by the Seller.
3 – PRICES – Prices mentioned in this Document are excluding VAT, taxes, excises, duties and taxes in general, unless otherwise agreed. All freight, storage, warranty, insurance and financial costs and expenses will be exclusively charged to the Customer, unless otherwise agreed in writing.
4 – DELIVERY– The Seller will deliver Products to the Customer free of charge at the former’s premises, winery, warehouse and/or secondary Seller’s warehouse, as specified in this Document.Therefore, transportation of Products will be the Customer’s responsibility and at his expense, unless otherwise agreed and provided for in writing, between the Seller and the Customer. In any case, the Customer will always exclusively be responsible for any and all custom operations, wherever applicable, including any and all resulting damage that may prejudice the Seller due to incompleteness, negligence and/or non-complying custom operations.
5 – PRODUCT DELIVERY MODES – Products must always be delivered duly packaged and equipped with necessary protection and step-boards, as specified by the Customer in writing, together with required shipping documents, delivery bill and/or any other required documents for successful Product delivery.
6 – PAYMENT – Payment terms of Products are specified in this Document.
7 – DELIVERY OF GOODS – (a) The standard lead time of Product delivery to the carrier amounts to 15 days (fifteen) calendar days unless otherwise agreed in writing in this Document after the order confirmation becomes binding upon the Seller. (b) Bearing in mind duration and extent of any and all events arising from force majeure or any other unforeseeable events that cannot be attributed to the Seller, including, without any limitation, strikes, lockouts, provisions by the public administration, introduction and/or change of duties, fees, custom procedures and regulations, possible bans or exports or imports: these aforementioned events relieve the Seller of any and all liability as well as of the obligation to comply with any and all delivery terms and conditions. The Seller is not obliged to accept Product returns, unless expressly agreed in writing.
8 – CONTROL – Upon delivery of Products, the Customer must immediately: (i) control Product quantity and packaging, and record any visible damage in corresponding shipping documents: (ii) control Product compliance to terms and conditions specified in this Document and record any deviation in corresponding shipping documents.
9 – PRODUCT FAULTS – Under penalty of invalidation of warranty due to Product faults: (a) any and all visible damage to packaging must be objected to the carrier/shipping agent; (b) any and all deviation of each Product from terms and conditions specified in this Document, as well as from their standard quantity, above tolerance range of Product, must be properly notified and proven by the Customer, under penalty of lapse of warranty, within eight days after discovery and by means of written communication to be sent to the Seller’s digital domicile. When necessary, this requirement must also be satisfied by sending contested Products to the Seller within the specified time with proof of proper storage. In any case, warranty expires one year after Product delivery.
10 – SELLER’S LIABILITY –The Seller will only be liable for Product faults or non-compliance up to the documented value of the specific contested product.
12 – PROCESSING OF PERSONAL DATA – According to art. 13 of the Law Decree n. 196/2003 of the Italian Republic be it known that information regarding processing of personal data is published on the website www.bibbiano.com/privacy-policy/.
13 – LEGAL REFERENCE – For any other information related to these General Terms and Conditions please refer to regulations of Italian Law.
14 – COURT AND JURISDICTION – Any dispute arising from the application, execution, interpretation and/or breach of these General Terms and Conditions will be exclusively settled according to Italian Law at the competent Court in Siena.