This document contains the general conditions of sale governing the terms and conditions of online purchase through the website corresponding to the domain name "www.tenutemoganazzi.com" (hereinafter, for brevity, the "Site"), owned by Tenute Moganazzi Az. Agr. Eredi di Pennisi Vincenzo (hereinafter, for brevity, the "Seller") - P.IVA 05019950871, e-mail tenutemoganazzi@gmail.com, registered with the Company Register of Catania n. 338694, with registered office in Acicastello (CT), Via Firenze 123.

The products and services purchased on the Site are sold directly by Tenute Moganazzi Az. Agr. Eredi di Pennisi Vincenzo P.IVA 05019950871 with headquarters in Acicastello (CT), Via Firenze 123. Tenute Moganazzi, through its website www.tenutemoganazzi.com, sells carefully selected products through an online sales service (hereinafter, for brevity, the Products).

1. Definitions

1.1 Clients: the Consumer, as defined from now on.

1.2 Order Confirmation: notice sent to the Customer by e-mail, ratifying the final details of the purchase contract stipulated between the Seller and the Customer (of which these Conditions of Sale are an integral part).

1.3 Consumer: real person, adult or otherwise capable of acting in accordance with the law and legal person who places an order on the Site for purposes unrelated to the business, commercial, craft or professional activity possibly carried out subject to the regulations of Legislative Decree no. 206/2005 and subsequent amendments and additions.

1.4 Price: the contractual consideration indicated in the Order Confirmation, including VAT.

1.5 Product/s: the products in the electronic catalogue published on the Site, as described in the related product data sheets, and detailed in the Order Confirmation.

1.6 Seller: Tenute Moganazzi Az. Agr. Eredi di Pennisi Vincenzo P.IVA 05019950871 with headquarters in Acicastello (CT), Via Firenze 123 with which the Customer concludes the purchase contract.

Scope of application

These Terms of Sale exclusively regulate the offer, the forwarding and the acceptance of purchase order for Products between Customers, as already defined, and the Seller through the Site (“Terms of Sale”). These Terms of Sale are published on the Site’s homepage and can be viewed by the Customer at any time before and during the order process. These Terms of Sale may also be downloaded and saved by the Customer on his/her computer or mobile device, as well as printed. In particular, before the conclusion of the online order procedure and payment, the Customer will be invited to read and accept these Terms of Sale, as well as to print them or save an electronic copy of them and, in any case, keep these Terms of Sale, also in compliance with provisions of Legislative Decree no. 206/2005 ("Consumer Code"). The Seller reserves the fight to modify these Terms of Sale at any time; any new rules will be effective as soon as they are published on the Site and will be applied on the sales made as from their publication. The Customer is required to carefully read the General Terms of Sale that have been made available on the Site, in order to allow their storage and reproduction by the Customer pursuant to art. 12 of Legislative Decree no. 70 of 9 April 2003 The contracts concluded through the Site are governed by Italian law and, in particular, by Legislative Decree no. 206 of 6 September 2005 ("Consumer Code") and by Legislative Decree no. 70 of 9 April 2003 (hereinafter, "E-commerce Decree").

1. Conclusion of the Contract

1.1 In order to conclude the purchase contract of one or more Products, as defined above, on the Site, the Customer must fill the order form in electronic format, taking care to correctly enter his/her data as requested in the order form itself and send it electronically to the Seller, following the instructions on the Site. In order to conclude the purchase contract the Customer must create a personal “account” (or personal profile) by filling the forms on the Site, keeping care to correctly enter her/his personal data as required in the electronic registration forms. The Customer, in any case, assumes responsibility for the truthfulness and correctness of the personal data entered and given to the Seller during the registration and/or sending of the order form. It is understood that any damage/delay/inconvenience attributable to the incorrectness and/or untruthfulness of the personal data entered at the time of registration and/or subsequently modified can in no case be charged to the Seller.

1.2 the order form contains a reference to the Terms of Sale and a summary of the main information related to each Product ordered. In particular, the price (including all applicable taxes and/or duties), the means of payment that can be used and the delivery methods of the ordered Products (accompanied by the relevant costs, where applicable) are explained.

1.3 Before proceeding with the purchase of products through the transmission of the order form, it is a Customer’s obligation to carefully read the Terms of Sale and the Privacy Policy.

1.4 The contract is concluded when, once the Customer has verified the data related to the order, the Seller receives the corresponding order form electronically.

1.5 By submitting the order form, the Customer unconditionally accepts and undertakes to observe these Terms and Conditions of Sale in its relations with the Seller.

1.6 By submitting the order form, the Customer confirms that he/she also knows and accepts the additional information contained on the Site and, in particular, the Information on the processing of personal data.

1.7 The order form will be filed in the Seller’s database for the period of time necessary to process the order and, in any case, within the terms of the law.

1.8 Product prices may be subjected to update. The Customers has the obligation to ascertain the final sale price before submitting the order form.

1.9 On conclusion of the contract, the Seller will take charge of the corresponding purchase order.

1.10 The Seller may not process purchase orders submitted by the Customer if the data provided by the Customer are incomplete or incorrect. In these cases, the Seller will inform the Customer by e-mail of the non-conclusion of the contract, indicating the reasons why it was not possible to proceed with the order.

1.11 In general, all the products on the site are immediately available. However, the Seller can’t in any case be held responsible for the temporary unavailability of one or more products. If specific products presented on the Site are no longer available or on sale after the order form has been sent. It will be responsibility of the Seller to inform the Customer, before the Order Confirmation, of such inavailability. The sending of the order form by the Customers also constitutes acceptance of any partial delivery, limited to the products available within those ordered, as well as waiver of claims for compensation and/or indemnity. If the Customer has already paid for the complete order, the Seller will provide to refund the amount corresponding to the products not available in the manner described below.

1.12 Once the contract has been concluded, the Seller will send an order request confirmation to the Customer, at the e-mail address and in the language indicated on the order form, containing a summary of the information contained in the form itself. This document is not to be understood as the Order Confirmation, as defined below, that will be sent later, at the time of the actual shipment of the products.

1.13 At the time of the actual shipment of the products present in the order form, the Seller will send the Order Confirmation to the Customer at the e-mail address and in the language indicated. This document will contain the list of the products actually purchased together with their main characteristics, including the price including VAT. It will also contain all informations relating to the shipping data, costs and estimated delivery times. In addition, it will indicate the total cost of the order and the information related to the payment made. Finally, the document will contain a summary of the Terms and Conditions of Sale, the General Terms and Condition of Use of the Site and the Seller’s tax data (Name, Legal form, Registered office, Company register, Tax code, Vat number and Person Responsible).

1.14 The languages available to che Customer to conclude de contract with the Seller are Italian and English.

2. Order Cancellation

2.1 Without prejudice to the provisions on withdrawal in art. 6, you can cancel Orders that have not yet been processed by contacting Customer Service at tenutemoganazzi@gmail.com.

2.3 In the event that, at the time of cancellation of an order, the corresponding payment has already been made, i twill be necessary to contact the Customer Service to proceed with the refund procedure (as described in the “Refund timed and methods” section of art.7).

3. Payments

3.1 The Seller will only accept payments in Euro currency.

3.2 For the payment of the price and related shipping and delivery costs, the Customer may use one of the following methods: bank transfer, Paypal, Credit card through Paypal. In the case of bank transfer the coordinates for making the payments are: IT93H0521616905000000040162 .

3.3 In case of payment by credit card, the whole payment procedure will be managed, in absolute safety, by Paypal. Consequently, the Seller will never be in possession of any sensitive information (for example, the full credit/debit card number or the security code).

4. Guarantees

4.1 The products offered on the Site are exclusively first quality products.

4.2 All the product descriptions,illustration, pictures, details, dimensions, and any other information available on the Site must be intended as general products illustrations and do not represent in any way a guarantee or declaration of conformity of the products to the same.

4.3 The essential characteristics of the Products are indicated on the Site at each product detail page. However, images and colors of the Products offered for sale may not correspond to the real ones due to the Internet browser and monitor used. It is therefore understood that, without prejudice to the indications relating to the label, the Customer may not make any exception against the Seller and/or the Supplier, in the event that the packaging of the product delivered does not coincide with the image of the product shown on the Site as regards colours/form/size. The Supplier may, in fact, at its own discretion, modify the Product packaging at any time and such variations may be introduced by the Seller within the catalogue and/or description pages of the Products reproduced on the Site.

4.4 The Seller pays the utmost attention to the adherence of what is described and presented on the Site with respect to what is stated on the label of the packaging of the products. In any case, it is reminded that, if any differences are found, the label and the indications of use of the Product will always be considered valid.

4.5 At the time of the delivery by the courier of the purchased Product, the Customer is required to check that the number of packages delivered corresponds to the number indicated in the transport document and that the packaging is intact, not damaged, not wet or altered in any way, even in the sealing materials (adhesive tape or plastic straps). When the Customer receives the order must: – make sure the packaging is intact. If this is not the case, the Customer must promptly inform the Seller by contacting Customer Service at tenutemoganazzi@gmail.com within and no later than 24 hours of delivery of the goods.; – sign the document of receipt of goods presented by the courier always inserting the words "ACCEPTED WITH RESERVATION". In this way it will be easier and faster to obtain refunds from the courier for any damage attributable to transport. If the Products received are damaged or incomplete, the Customer must photograph the package both outside and inside and send the photos to the Seller's address via e-mail tenutemoganazzi@gmail.com, as soon as possible and, in any case, no later than 24 hours after delivery of the goods. Failure to send the photos to the Seller could make it more difficult or prevent the reimbursement and/or compensation of damages from the Courier. In this case, the Seller shall not be obliged to reimburse the Customer for the sums paid by the latter for the products purchased, up to the amount of the non-refund and/or compensation that the Seller could have obtained from the Courier. In the cases referred to in this article, the Customer is obliged to cooperate with the Seller according to correctness and good faith. Once the courier’s document has been signed, the Customer will not be able to object to any dispute regarding the external characteristics of what has been delivered and the risk of loss or damage to the Products will be transferred to all intents and purposes to the Customer.

4.6 The Products covered by these General Terms and Conditions of Sale purchased by a Consumer are subject to the legal guarantee of conformity provided for in Articles 128 and following of Legislative Decree no. 206/2005 and for Customers who do not qualify as Consumers the guarantees provided for in Articles 1476 et seq. of the Italian Civil Code. In the case of Product affected by defects or non-conforming, and compatible with the nature of the goods (for example, perishable goods) or the type of defect (normal wear and tear), the Customer may exercise the rights provided for for in Articles 128 et seq. of Legislative Decree no. 206/2005 by contacting Customer Service (at the addresses indicated in the detailed pages of the Site) and specifying the reason "warranty for non-conforming product". This notification must be sent within a reasonable time taking into account the nature of the goods and, in any case, within the above mentioned warranty period, and in compliance with the procedure indicated in point 4.5 of these Terms of Sale and to which reference should be made. The Seller, once has verified the compliance with the above, will send, through the Customer Service, an e-mail to the Customer containing the procedure to be followed to obtain the reduction of the price paid or the sending, at the Seller’s expense, of the compliant product directly to the delivery address o f the goods or, in the Seller's opinion, to the different address indicated by the Customer.

5. Shipping and Products Delivery

5.1 The Seller ships its product in Italy by primary express couriers. Delivery is normally made in 2 (two) working days (from Monday to Friday) for shipments and deliveries to be made on italian territory and in 5 (five) working days for shipment and deliveries to be made in Europe and/or abroad. Shipping and delivery terms are to be considered authorising and not peremptory. In any case, the Sellers reserves the right to deliver the ordered products to the courier within a maximum period of 7 (seven) days after receipt of payment.

5.2 The Seller undertakes to do everything necessary to comply with the delivery times indicated above, but cannot in any case be held responsible for damage or inconvenience caused by any delays of the carrier.

5.3 The cost for each shipment, associated to an order, will vary according to the following parameters: the destination and the total weight of the purchased Products with the single order and will in any case explained both during the order transmission procedure (and, in particular, before the relative forwarding) and in the Order Confirmation.

5.4 All the above costs are inclusive of VAT, to the extent of the applicable law.

5.5 The Customer is required to always check the number and integrity of packages. In case of anomalies or damage, the complaint must be made immediately to the courier and promptly reporting the incident to Customer Service by sending an e-mail to tenutemoganazzi@gmail.com and compliance with the procedure set out in paragraph 4.5. of these General conditions of sale and to which we refer.

5.6 Delivery is on the street level and will be made, unless otherwise specified, from Monday to Friday during normal office hours (from 9:00 a.m. to 6:00 p.m.), excluding national holidays.

5.7 Services in Italy-Europe: Shipping costs must be verified during check-out by the Customer and will be calculated by the system based on the weight of the products in the cart and the country of destination.

EU Shipping Zones:
EU 1 – Austria, Germany, Belgium, Denmark, Luxembourg, Netherlands
EU 2 – France, UK, Hungary, Poland, Slovenia, Czech Republic, Cyprus, Bulgaria, Croatia, Estonia, Finland, Greece, Hungary, Ireland, Latvia, Lithuania, Portugal, Romania, Slovakia, Spain, Sweden, Poland, Czech Republic, Cyprus.
EU 3 – Andorra, Gibraltar, Liechtenstein, Norway, Switzerland

6. Right of withdrawal

6.1. Pursuant to art. 59 of Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014, the right of withdrawal is excluded in the following cases: order of Products made to measure or clearly personalized, order of Products that risk deterioration or expiration rapidly, order of sealed Products that are not suitable to be returned for hygienic or health protection reasons or that have been opened after delivery.

6.2 The Seller shall reimburse the payment received from the Consumer without undue delay and in any case within 30 (thirty) days from the day in which he is informed of the Consumer's decision to withdraw from the contract pursuant to Article 54 of Legislative Decree 206/2005.

6.3 Unless the Seller has offered to collect the goods himself, the Customer shall return the goods or hand them over to the Seller, without undue delay and in any event within fourteen days from the date on which he has notified the Seller of his decision to withdraw from the contract in accordance with Article 54. The time limit is respected if the Consumer returns the goods before the expiry of the fourteen day period. The cost of shipping and return are at Customer's expense.

6.4 It is understood that, if the Customer exercises the aforementioned right of withdrawal, he/she must return the Product intact and in perfect condition and must respect all the necessary precautions to preserve the product in his/her possession and keep it at his expense in its original packaging, sending it to the Seller within 3 (three) days from the exercise of the Right of withdrawal guaranteeing the correct delivery of the same. The Consumer shall bear the shipping costs for the return of the goods.

6.5 In the absence of this, the right of withdrawal will not apply and any right of the Seller to compensation for damages, in addition to the payment of the price of the product, will not be affected.

6.6 Products must be returned directly to the Company. The refund of the price of the product will be made within 30 (thirty) days from the date on which the goods have arrived intact and in perfect condition to the Seller.

6.7 The right of withdrawal is excluded in relation to products that are returned damaged.

7. Time and method of refund

7.1 A refund procedure can refer to two different types of situations:
– refund of the total amount relating to an order following a request to return a non-conforming product (defective, damaged, etc.);
– partial refund relating to an order for which one or more Products have become unavailable.

7.2 Whatever method of payment used by the Customer and except for what is indicated in article 6 regarding withdrawal, the refund is activated by the Seller as soon as possible and in any case within 30 (thirty) days from sending the order confirmation (in the case of partial refund due to the unavailability of one or more products), using where possible the same payment channel with which the order was made.

7.3 Regardless or the correspondence between the Recipient of the products indicated in the order form and the person who made the payment of the sums due for the purchase, the reimbursement of the sums will always be made by the Seller in favour of the person who made the payment (identified as the holder of the credit card used for the purchase or as the older of the current account from which was made the bank transfer used for the purchase).

8. Customer Care

8.1 The Customer may request any additional information from the Seller by contacting the Customer Service by e-mail at tenutemoganazzi@gmail.com

9. Privacy

9.1 Privacy information is contained in the Privacy Policy which is part of these Terms and conditions of Sale.

9.2 For any other information about our privacy policy, it is possible to send a specific request by e-mail.

10. Applicable law and dispute resolution

10.1 These Conditions of Sale are governed by Italian law and in particular by the Consumer Code, with specific reference to the regulations on distance contracts and by Legislative Decree no. 70 of 9 April 2003 on certain aspects of electronic commerce.
Apart from the cases of applicability of art. 66 bis of Legislative Decree no. 206/2005, the exclusive jurisdiction for any dispute relating to this contract shall be the Court of Catania (Italy).

11. Modifications and updates

11.1 These Conditions of Sale are amended from time to time also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of their publication on the website. For any dispute that may arise in relation to these Conditions of Sale and the supplies and orders, respectively, made and forwarded under them, will be competent, pursuant to Article 66-bis of the Consumer Code, the judge of the place of residence or domicile of the Customer-Consumer, if located in the Italian territory.