These general conditions of sale regulate the distance selling of products and goods available on the website www.proseccotonidoro.com (“Site”) owned by TONI DORO – SOCIETA’ AGRICOLA S.S., with registered office in Vittorio Veneto (TV) – ITALY, VAT no. 04870650266, registered with the Treviso and Belluno Companies Register under REA TV-405583, telephone number 349/8918930
e-mail: info@proseccotonidoro.com, PEC: toni.doro@pec.agritel.it
The contractual counterparty of TONI DORO – SOCIETA’ AGRICOLA S.S. is the Customer, whether a “Consumer” or a “Professional”, depending on whether the Customer acts for purposes unrelated to or in the exercise of an entrepreneurial, commercial, artisanal or professional activity. The following provisions apply to both without distinction, except where expressly reserved for Consumer Customers only.
The applicable legislation for contracts concluded by TONI DORO – SOCIETA’ AGRICOLA S.S. with Consumer Customers is that set forth in the so-called Consumer Code (Legislative Decree No. 206 of 6 September 2005), specifically Sections II (Articles 50 to 61), III (Articles 62 and 63) and IV (Articles 64 to 67).
TONI DORO – SOCIETA’ AGRICOLA S.S. may make changes to these general conditions of sale at any time and without prior notice. The validity and effectiveness of such changes shall be conditional upon their publication on the website www.proseccotonidoro.com.
The subject of the contract concluded between TONI DORO – SOCIETA’ AGRICOLA S.S. and the Customer consists primarily of alcoholic products listed in the TA20 ALCOHOL TABLE. Therefore, for such products, the Customer must declare and prove, where requested, that he or she is of legal age or otherwise authorized to purchase and receive them under the law of the place where they are to be delivered.
The Customer may purchase only the goods listed in the Site’s catalogue at the time the order is placed, at the prices and in the quantities indicated therein.
For purchases of wine bottles, the minimum quantity (even for different types) is 2 (two) bottles.
Placing an order implies full knowledge and acceptance of these general conditions of sale by the Customer.
The contract shall be deemed concluded when the following steps occur:
1. TONI DORO – SOCIETA’ AGRICOLA S.S. receives the purchase order from the Customer;
2. TONI DORO – SOCIETA’ AGRICOLA S.S. sends the order confirmation to the e-mail address provided by the Customer.
The order confirmation shall indicate the unit price of each selected product and the total amount in the case of multiple products. Acceptance of the order may always be refused, even partially, by TONI DORO – SOCIETA’ AGRICOLA S.S., which, in such cases, shall have no obligation to compensate or indemnify the Customer.
The Customer acknowledges that, due to possible simultaneous access to the Site by multiple users, products may not be available. Orders will therefore be processed only when products are fully available. Upon the Customer’s express request, however, TONI DORO – SOCIETA’ AGRICOLA S.S. may proceed with partial fulfillment of the order. In such case, the Customer shall bear the shipping costs for each individual delivery.
TONI DORO – SOCIETA’ AGRICOLA S.S. assumes no obligation and cannot guarantee immediate fulfillment of the delivery of products indicated as available on the Site and shall not be held liable for any delays in delivery.
Upon conclusion of the contract, the Customer may pay for the purchased products by advance bank transfer.
The bank transfer must be made using the following details:
BANCA PREALPI SAN BIAGIO
IBAN: IT65 D089 0462 1900 0700 0008 075
Account holder: SOCIETA’ AGRICOLA TONI DORO S.S.
Payment by advance bank transfer entails that the order will be processed only after TONI DORO – SOCIETA’ AGRICOLA S.S. has actually received the amount due. The bank transfer must be made by the Customer within 3 (three) business days from order confirmation, failing which the order shall be cancelled.
The reason for payment must include the order number and the Customer’s personal details. Once selected, the payment method may not be changed.
Cash on delivery is not accepted.
Purchased products shall be shipped to the address indicated by the Customer by express courier or standard courier within three business days following confirmation of payment.
All orders are processed and delivered on business days (Monday to Friday, excluding public holidays). Orders placed on Saturdays and Sundays will be processed on the following Monday or next business day.
Deliveries to PO boxes are not permitted.
All product deliveries remain at the risk of TONI DORO – SOCIETA’ AGRICOLA S.S. until they are handed over to the carrier or other appointed delivery agent.
No liability of any kind may be attributed to TONI DORO – SOCIETA’ AGRICOLA S.S. in the event of delays in order processing or product delivery. Events of force majeure, unavailability of transport, as well as unforeseeable or unavoidable events causing delivery delays or making delivery difficult or impossible, or significantly increasing delivery costs borne by TONI DORO – SOCIETA’ AGRICOLA S.S., shall entitle the latter to:
1. split and/or postpone the scheduled delivery;
2. cancel the scheduled delivery in whole or in part;
3. terminate the contract, even partially.
TONI DORO – SOCIETA’ AGRICOLA S.S. shall provide timely and appropriate notice of its decisions to the Customer’s indicated e-mail address. In the event described in point 3, the Customer shall be entitled to a refund, in whole or in part as applicable, of any amount already paid, excluding any further claims for compensation or damages.
Shipping and delivery costs are shown in the cost summary.
Products are delivered at street level. The presence of the Customer or an authorized representative at the delivery address on the scheduled delivery date is always required. If the Customer (or their representative) is absent, the courier will leave a second delivery notice for the next business day along with a contact telephone number to arrange an alternative delivery date.
If the recipient fails to contact the courier, the shipment will be held at the courier’s warehouse or another designated location for a period of 10 (ten) days, after which the goods will be returned to TONI DORO – SOCIETA’ AGRICOLA S.S. In such cases, TONI DORO – SOCIETA’ AGRICOLA S.S. shall have no obligation to refund the amount paid in advance, which is expressly waived, and may charge the costs of storage and return to sender, which shall be promptly communicated to the Customer.
Upon delivery of the goods by the courier, the Customer is required to verify that the number of packages delivered corresponds to that indicated on the transport document and that the packaging is intact, undamaged and not altered in any way, including sealing materials, carefully checking for any signs of breakage such as, by way of example, leaking liquids and/or moisture on the packaging.
Any damage to the packaging and/or products and/or discrepancies in the number of packages and/or indications must be immediately contested by the Customer by adding the wording “goods accepted subject to the following anomaly found: …” on the courier’s delivery receipt. Furthermore, under penalty of forfeiture, the Customer undertakes to promptly notify TONI DORO – SOCIETA’ AGRICOLA S.S., and in any case no later than 8 (eight) days from the delivery date, of any complaint relating to the physical integrity, conformity or completeness of the received products. Notification must be sent by registered mail with return receipt and accompanied by at least one photo of the product and its packaging, or alternatively by e-mail or WhatsApp message.
TONI DORO – SOCIETA’ AGRICOLA S.S. shall issue a regular non-fiscal document for the products purchased by the Customer.
If the Professional Customer requests an accompanying invoice, they must also provide their VAT number and SDI code. No changes to the invoice shall be permitted after issuance. The Customer is therefore responsible for the accuracy of the information provided at the time of ordering.
The Customer releases TONI DORO – SOCIETA’ AGRICOLA S.S. from any contractual or non-contractual liability for direct or indirect damage to persons and/or property resulting from the refusal, even partial, of an order.
TONI DORO – SOCIETA’ AGRICOLA S.S. shall not be liable for damages, including damages to third parties, caused as a result of its own slight negligence.
Except in cases of willful misconduct or gross negligence, TONI DORO – SOCIETA’ AGRICOLA S.S. shall not be liable, for any reason or under any title, for amounts exceeding those paid by the Customer under the contract.
Any warranty for defects in sold products resulting from improper storage by the Customer is expressly excluded. The Customer acknowledges that products sold by TONI DORO – SOCIETA’ AGRICOLA S.S. must be stored under conditions appropriate to their nature. In the case of wine, bottles should preferably be stored horizontally, in low-light environments and at a constant temperature never exceeding 25°C, as otherwise their characteristics, particularly volatile components, may be compromised and irreparably deteriorated.
The Consumer Customer has the right to withdraw from the purchase contract without penalty within 14 (fourteen) business days from receipt of the goods, by sending written notice by registered mail with return receipt (or by e-mail, fax or telegram provided that it is followed by registered mail with return receipt within the following 24 hours) to TONI DORO – SOCIETA’ AGRICOLA S.S.
It is not permitted to exchange one or more bottles of wine or other selected products for different packages without additional costs.
The withdrawal notice must indicate the product(s) concerned, the order number and date, the invoice number and the Customer’s IBAN. The Customer may then return the goods.
The right of withdrawal is correctly exercised provided that all the following conditions are met:
• the products are substantially intact;
• the products are returned in their original packaging;
• the products are returned in a single shipment;
• the products have not been used or damaged.
Return shipping costs shall be borne by the Consumer Customer, including liability in case of loss or damage to the products.
Once the returned products have been verified as intact and compliant with the fulfilled order, TONI DORO – SOCIETA’ AGRICOLA S.S. shall refund the amounts paid by the Consumer Customer by bank transfer as soon as possible and in any case within 15 (fifteen) days from the return date.
Failure to comply with the conditions and procedures for exercising the right of withdrawal shall result in no refund, and the contract shall remain fully valid and effective.
The right of withdrawal is reserved exclusively for natural persons defined as “consumers”. Professional Customers are therefore excluded.
The contents of the Site are protected by applicable copyright and industrial property laws. Any extraction or reuse of Site content without express authorization from TONI DORO – SOCIETA’ AGRICOLA S.S. is prohibited. By way of example but not limitation, extraction and reuse of texts, photographs, videos, databases, reproductions, drawings and any graphic representations on labels or packaging are prohibited.
The Customer is also informed that the Site may contain trademarks, domain names, company names and logos of third parties with whom TONI DORO – SOCIETA’ AGRICOLA S.S. has commercial relationships. These are protected under the same laws applicable to the distinctive signs of TONI DORO – SOCIETA’ AGRICOLA S.S.
TONI DORO – SOCIETA’ AGRICOLA S.S. shall process the personal data provided by the Customer for online purchases in compliance with personal data protection legislation (Legislative Decree No. 196/2003 and subsequent amendments), primarily in electronic form. Processing shall concern operations such as collection, recording, organization, storage, processing, communication, modification, selection, use, deletion and destruction of personal data provided when submitting the online order.
Processing may be carried out:
1. to comply with tax, accounting or other legal obligations;
2. to manage and execute the contract and related obligations, including transport services.
With regard to purposes 1) and 2), the provision of data, although optional, is necessary for the performance of the online purchasing service, and refusal to provide it will make such service impossible. No consent is required for these purposes.
Data may be accessed by persons acting as data processors for TONI DORO – SOCIETA’ AGRICOLA S.S., as well as by entities involved in institutional activities (e.g. IT service providers, data entry, transport and delivery services).
The data controller is TONI DORO – SOCIETA’ AGRICOLA S.S.
The Customer may exercise the rights provided by Article 7 of Legislative Decree No. 196/2003, including access, rectification, integration, deletion, anonymization, blocking of unlawful processing and objection for legitimate reasons, by writing to TONI DORO – SOCIETA’ AGRICOLA S.S. at its registered office in Vittorio Veneto (TV), Italy, for the attention of the Data Controller.
The sales contract between the Customer and TONI DORO – SOCIETA’ AGRICOLA S.S. shall be deemed concluded in Italy and governed by Italian law.
Any dispute arising from the application, execution, interpretation or breach of the contract shall fall under the exclusive jurisdiction of the Court of Treviso.
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Customer expressly declares acceptance of the clauses contained in these General Conditions of Sale relating to: Art. 2 – Purchase methods and acceptance of the general conditions of sale; Art. 3 – Product prices and availability; Art. 5 – Shipping methods, terms and risks; Art. 6 – Delivery costs; Art. 7 – Inspection of goods; Art. 9 – Limitations of liability; Art. 10 – Exercise of the right of withdrawal; Art. 13 – Jurisdiction and competent court.