Starting from January 1, 2022, the new provisions – which cannot be waived by the parties – introduced with Legislative Decree no. lgs n. 170/2021 amending the Consumer Code.

The terms and conditions of sale of the products marketed on this site www.dalfiumewines.com by Dalfiume Nobilvini Srl are governed by the conditions of use of the site and the general conditions of sale that follow.

For all orders and purchase order confirmations that will be made through this site, both the conditions of use of the site, which can be consulted on this page , and the General Conditions of Sale are understood to be known, understood and accepted.

Therefore, the company invites each user of the website to carefully read these terms before proceeding with the order.

If the user does not intend to accept these conditions of sale, the conditions of use of the site or other notes published on the website, we urge him not to use this site and the services related to it.

GENERAL CONDITIONS OF SALE

1. Data of the Seller and definition of Purchaser
   1.1 The goods and / or services covered by the following general conditions are offered for sale by Dalfiume Nobilvini srl with registered office in Castel San Pietro Terme (BO) at Via Madonnina n. 3041, Tax code and registration number in the Bologna Business Register: 02422060372 and VAT number 00577051204 hereinafter also referred to as “Seller”.
   1.2 The term “Buyer” means:
   a) the consumer who is a natural person who purchases for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out and therefore for personal use;
   b) anyone who does not qualify as a consumer as a natural or legal person acting in the exercise of their business, commercial, craft or professional activity, or an intermediary.
2. Subject of the online contract

With these general conditions of sale, the Seller sells and the Buyer remotely purchases the products and services described and offered for sale on the website www.dalfiumewines.com via telematic tools.
The seller reserves the right to modify these General Conditions at any time and to publish them on its website.
Any changes will apply only to sales concluded after the publication of the new conditions on the website.
The relevant regulatory provisions of Legislative Decree no. 206/2005 (so-called Consumer Code) and subsequent amendments.
For non-consumer Buyers, the rules and provisions of the civil code and the legislation applicable to electronic commerce will apply.
These general conditions will apply only to sales made on the Italian territory.

3. Stipulation of the contract: modalities

The contract between the Seller and the Buyer will be concluded remotely and in particular through the internet: the Buyer will access the website www.dalfiumewines.com and through the path provided therein will place the order to purchase the products and / or services.

4. Products and services.
   4.1 The main characteristics of the services and products, including the duration of the promotional offers, the price (VAT included) and the delivery costs, may be verified and viewed by the Buyer before the conclusion of the contract and payment. In particular, the types of products and services can be viewed in the VILLA POGGIOLO and DALFIUME NOBILVINI sections, where there will also be representative images of the product and / or service.
   4.2 No tariffs and / or expenses are applied for access to the website www.dalfiumewines.com .
5. Conclusion and effectiveness of the contract.
   5.1 Purchase orders placed through the website www.dalfiumewines.com if complete and containing all the elements necessary to identify the products and the place of delivery and / or services ordered, will constitute the Buyer’s contractual proposal expressed online.
   5.2 The order confirmation by the Seller sent by e-mail to the address indicated by the Buyer is equivalent to acceptance of the contractual proposal.
   5.3 The contract is concluded, and is binding for both parties, when the Order Confirmation is sent by the Seller to the Buyer.

If the buyer has chosen bank transfer as a method of payment, the contract must be considered concluded only when the sum is credited to the Seller’s bank account.

In the event that within 15 days of placing the order by the Buyer, payment has not been made by bank transfer, the Seller will have the right to cancel the order by notifying the Buyer.
5.4 The Seller may also send the Buyer a refusal of the order, for example in the case provided for by art. 7.2, and in any case reserves the right to cancel any order in the event of material errors inherent in the order placed by the Purchaser or in the information sent by the same through the website www.dalfiumewines.com.
5.5 All orders will be considered valid only if expressly accepted by the Seller.

6. Procedure for the conclusion of the contract
   From the website www.dalfiumewines.com the Buyer:
   – can discover the Seller’s products and / or services from the navigation menu;
   – view each product and service sheet containing information on formats and quantities currently available, the description and characteristics of the article;
   – will have to select the format and quantity of the item from the product and / or service sheet and add the product and / or service to the cart;
   – you will be able to view the “cart” section in which all the information regarding the selected products and / or services will be summarized and to know the transport costs before purchase and payment;
   – must, once the shopping session is over, finalize the purchase by clicking on the appropriate button;
   – must also enter the shipping data and, to confirm the order, read and accept these general terms and conditions as well as enter the chosen payment method (credit card, PayPal, Stripe, or bank transfer);
   – in the next screen, the payment screen, the user must check that the information entered is correct and click on the appropriate button to complete the purchase operation.
   Registration on the site is optional and not mandatory. Users can then purchase the products by registering on the site or even, without logging in, as a guest. For the eventual registration the user must specify his personal data and his e-mail address, as well as enter a password of his choice (the latter two will allow access to the reserved area through which he can also purchase the products selected or of interest to him.
   Once the purchase order has been received, the Seller will send the Buyer the receipt of the order containing a summary of the content of the information relating to the sale and will proceed with the fulfillment of the purchase order, except as provided in the previous art.5.5.

Registered users can cancel their profile at any time by filling in the request form on the site and called DELETE ACCOUNT by accessing the section dedicated to it in the PURCHASE GUIDE area of ​​the navigation bar. Once the form has been sent via the enter key, the account will be deleted including the data contained therein.

7. Available products and services
   7.1 The products on the website www.dalfiumewines.com may be purchased by the Buyer in the quantities available in stock at the time of the order.
   7.2 The services / events advertised on the site will be confirmed upon reaching the minimum number of people indicated on the site. If this minimum number is not reached, the Seller will notify the subscribers / buyers of the cancellation of the event 3 days before the date of the same. In this case, the price paid will be refunded.
   The maximum number of participants in each event is indicated on the site. The Seller therefore reserves the right to refuse registration requests once the maximum number of subscribers has already been reached.
8. Payment
   8.1 The Purchaser’s payments can only be made through one of the methods indicated on the Seller’s website (credit card, PayPal or bank transfer).

If the payment is made by bank transfer, the contract will be considered concluded between the parties only upon payment of the payment as provided for in point 5.3 of these conditions.

8.2 Communications regarding payments and data communicated by the Purchaser are made on special protected lines in accordance with the laws in force.

8.3 (Invoicing) For each transaction a regular invoice will be issued which will be available in the buyer’s tax drawer and a courtesy copy will be sent to the email address indicated at the time of the order.

9. Prices
   9.1 All sales prices of the products and services advertised on the website www.dalfiumewines.com are expressed in EURO and include VAT.
   9.2 All the prices of the products and services on the website www.dalfiumewines.com may undergo variations and therefore be modified by the Seller at any time.
10. Transport cost
    10.1 The shipping costs for the Italian territory amount to € 10, subject to subsequent changes.
    For purchases of products with a total amount equal to or greater than € 100.00, shipping will be entirely free.
    For users registered with the Dalfiume Wines Club, shipping will be free for all purchases of a value equal to or greater than Euro 80.00 for the first order.
11. Delivery times and methods
    11.1 The ordered products will be delivered to the address indicated by the Purchaser in the purchase order. No shipments and / or deliveries are made outside the Italian territory.
    11.2 For the execution of the shipment, the courier will be activated within 15 working days from the confirmation of the order. The delivery time is not to be considered essential. If it is not possible to ship the goods within the indicated times, the Buyer will be promptly notified by e-mail to the e-mail address that he will have indicated at the time of the order.

11.3 The Purchaser may opt for the “collection in the cellar” service and thus will be able to collect the products purchased directly at the Dalfiume Nobilvini headquarters without incurring additional costs for delivery.

11.4 No responsibility can be attributed to the Seller for delayed or non-delivery due to force majeure or unforeseeable circumstances.
11.5 For any information or report relating to the shipment of your orders, on Monday – Friday 09.00-12.00 and 14.00-17.00 you can directly contact our Customer Service (Italian and English languages) by writing to www.dalfiumewines.com or calling the number 051941618.

11.6 Pursuant to art. 63 of the Consumer Code, any damage to the packaging / packaging of the products must be immediately contested by the buyer at the time of delivery through the affixing of a control reserve affixed to the proof of delivery.

It will not be possible to propose disputes where the goods delivered by the carrier have been accepted without any reservation.

In the event that the carrier to which the delivery of the products has been entrusted has been chosen by the purchaser, the risk relating to damage, loss or perishing of the goods will occur at the very moment in which the goods will be delivered to the carrier for transport. . Therefore, any dispute and any responsibility regarding the state of the goods at the time of delivery can be attributed to Dalfiume Nobilvini Srl.

11.7 The services / events advertised on the site will be held on the day indicated on the site www.dalfiumewines.com , unless as a result of force majeure or unforeseeable circumstances or in any case unforeseeable and / or unavoidable circumstances, they cannot take place. In this case the Seller. will undertake, if possible, to postpone the scheduled event to another date by informing the buyers in advance. If it is not possible to postpone the scheduled event, the sums paid by the Buyers will be returned.

12. Limitations of Liability
    12.1 The Seller will not be liable for disservices attributable to force majeure or unforeseeable circumstances, including disservices resulting from malfunctioning of the internet network.
    12.2 In the same way, no responsibility can be charged to the Seller for any fraudulent and illegal use that third parties may make of credit cards and other means of payment used on the website www.dalfiumewines.com .
    12.3 With reference to the services / events advertised on the site, the Buyer declares:
    – to be fully aware of any risks incurred during the performance of the proposed activities;
    – to be of age;
    – to accept all the conditions requested by the Seller;
    – to absolve the Seller from any liability that in any way may arise as a result of his participation in the aforementioned activities for any damage he may suffer to his person and / or to his things or to third parties and / or their things in carrying out the same.
13. Obligations of the purchaser
    13.1 The Purchaser undertakes to pay the price of the goods and / or services purchased within the times and in the manner indicated in these general terms and conditions and in the order form sent.
    13.2 It is forbidden for the Buyer:

– to enter false and / or invented and / or fictional data in the registration procedure described in point 6; the personal data and the e-mail address must correspond to their real personal data and not those of third parties, or of fantasy;
– to make double registrations corresponding to a single person;
– enter data of third parties;
– minors to register and make purchases of goods and / or services.
13.3 In any case, the Purchaser, or in the case of minors who takes his place, assumes all responsibility for the aforementioned violations and undertakes to indemnify and hold harmless the Seller from any prejudicial consequence, from all losses, damages , responsibilities, costs, charges and expenses, including legal ones, that may be incurred or suffered by the Seller as a consequence of any failure by the Purchaser to fulfill the obligations undertaken by him and the guarantees given by him with the acceptance of these contractual clauses.
13.4 The Seller Dalfiume Nobilvini srl, owner of the website www.dalfiumewines.com, reserves the right to legally pursue any violation and abuse in contravention of the law and the conditions of use published on the site.

14. Right of withdrawal
    14.1 The possibility of termination or early withdrawal from the contract by the Buyer is excluded except as provided in the following point 14.3 for the one who qualifies as a “consumer” and except as established in point 15.
    14.2 In case of illegitimate termination, cancellation or withdrawal by the Buyer, Dalfiume Nobilvini srl is from now on authorized to withhold the sums paid by the Buyer as a penalty, without prejudice in any case to the right to compensation for greater damage.
    14.3 The Purchaser who qualifies as a “consumer” will have the right to withdraw from this contract, without any penalty and without specifying the reason, within 14 (fourteen) working days from the day on which the Purchaser or a different third party by the carrier and designated by the Buyer, acquires physical possession of the ordered goods or: 1) in the case of multiple goods ordered by the Buyer through a single order and delivered separately, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last good; 2) in the case of delivery of goods consisting of multiple lots or pieces, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last lot or piece.
    Before the expiry of the withdrawal period, the Buyer-consumer may exercise the right of withdrawal by informing the Seller of his decision to withdraw from the contract. To this end, the Buyer can:
15. a) use the standard “withdrawal” form referred to in Annex I, Part B, pursuant to art. 49, paragraph 1, lett. b) Legislative Decree 206/05 (so-called Consumer Code) whose text is available at this link .
16. b) submit any other explicit declaration of your decision to withdraw from the contract by sending an email to: dalfiumenobilvini@pec.it .

14.4 The declaration of withdrawal must be sent by registered letter with acknowledgment of receipt to the following address: Dalfiume Nobilvini srl Via Madonnina n. 3041 – 40024 – Castel San Pietro Terme (BO) or by PEC at the address: dalfiumenobilvini@pec.it.
14.5 In case of exercising the right of withdrawal, the Buyer is required to return the goods within 14 days from the day on which he communicated to the Seller his will to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.
The goods must be returned to Dalfiume Nobilvini srl Via Madonnina n. 3041 – 40024 – Castel San Pietro Terme (BO).

14.6 The direct costs of returning the products are borne by the Buyer.
14.7 The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the Seller will refund the amount of the products subject to withdrawal within a maximum period of 14 days, including any shipping costs.
14.8 As required by art. 56, paragraph 3, of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, the Seller may suspend the reimbursement until receipt of the goods or until the Buyer demonstrates that having returned the goods to Dalfiume Nobilvini srl.
The Seller will make the refund using the same payment method chosen by the Buyer during the purchase. In any case, the Buyer undertakes to provide the Seller with his bank details.
14.9 The Buyer acknowledges and accepts that the aforementioned right of withdrawal is recognized, in accordance with Legislative Decree no. 206/2005, only to Buyers who qualify as consumers.
14.10 Pursuant to art. 57, c. 2, of Legislative Decree 206/2005, the Purchaser is responsible for the decrease in the value of the goods resulting from their handling other than that necessary to establish the nature, characteristics and functioning of the goods.
14.11 RIGHT OF RETURN

To make a return, you must log in to the personal area ” My Account “, once entered select the “Orders” menu section, click on the “View” button to view the details of the order of interest. Proceed by clicking on “Refund” to request a refund for a single item or on “Refund entire order” to request a refund of the entire order. Enter the required data (IBAN or Paypal where to make the refund) and click on “Submit” to complete the refund request. Once the request has been sent, send the items back in compliance with the following conditions.

Returns cannot be accepted if 14 days have elapsed from the delivery of the goods.
The seller reserves the right to refuse returns communicated or returned late and for products that are not in the same condition in which they were received.
Only items that meet the return conditions will be refunded. If your return does not meet these requirements, you can request its return at your own expense.
Returns can only be sent from the country from which the order was actually placed.

Upon receipt of the goods at Dalfiume Nobilvini srl, the sales contract will no longer be effective between the parties and all related obligations, rights or claims will lapse. However, in the event that the products returned by the customer are damaged or do not comply with the return conditions, Dalfiume Nobilvini SRL can compensate for this damage by withholding the payment for the products already made by the user.

The following conditions are necessary for the return to be valid:

• The user who intends to return one or more products must send, within 14 (fourteen) days from the date of their receipt, the refund request through the On-Line procedure as described above;
  • After completing the procedure and entering the requested data, the products must be returned to Dalfiume Nobilvini SRL, Via Madonnina, 3041 Castel San Pietro Terme, Bologna 40024;
  • The returned products must be in the same conditions in which they were received: that is, they must not show signs of wear or damage;
  • The return of the product will be accepted only if it is contained in its original packaging. Any removable accessories considered an integral part of the product must also be returned with the product;
• In case of non-delivery of the returned package, Dalfiume Nobilvini SRL will ask the customer for proof of delivery, or the slip bearing the signature of the person who received the returned package. If the customer does not provide proof of delivery, we will not be able to proceed with the granting of the refund;
  • After checking the integrity of the returned products, Dalfiume Nobilvini SRL will confirm to the user by e-mail that the return procedure has been successfully completed and that the refund of the amount of the returned items will be re-credited, within 30 (thirty) days later, the amount will be returned via Paypal or bank transfer to the current account number that will be requested during the repayment phases.
  • If during the reimbursement phases the conditions described above are not respected, Dalfiume Nobilvini SRL will not be able to make the reimbursement in favor of the user. However, the collection of the products at the warehouse of Dalfiume Nobilvini SRL remains your right, to be carried out at your own expense. In the event that the user does not request the return of the garments within 30 (thirty) days from the date on which the non-acceptance of the return by Dalfiume Nobilvini SRL is communicated, we will have the right to keep them together with the sum paid during the purchase.

15. Cancellation of registration for events / tours and refunds
    Pursuant to art. 59 (exceptions to the right of withdrawal referred to in articles 52 to 58 of the Consumer Code) paragraph 1 (services relating to leisure time activities if the contract provides for a specific date or period of execution), with reference to the events / tour is excluded the right of withdrawal as provided for in point 14.

Buyers can in any case cancel / cancel their participation in an event and / or tour already purchased online up to 7 (seven) days before the date of the same, by sending a specific written communication, also by email, to the addresses indicated in point 20.

In case of cancellation / cancellation within 7 (seven) days / 168 hours from the date of the event / tour, the Seller will refund the Buyer the full amount paid.
In case of cancellation / cancellation for any reason beyond the terms indicated above by the event / tour, the Buyer will not be entitled to any refund of the price and / or compensation and / or compensation.

16. Termination
    The parties expressly agree that the obligations referred to in points 8.1 and 13.1, assumed by the Buyer, as well as the exact fulfillment of the obligations assumed by the Seller in point 11.1, are essential, and consequently the non-fulfillment of even one of they, if not determined by unforeseeable circumstances or force majeure, will result in the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code
17. Effectiveness and modification of the general conditions of sale
    17.1 These GCS are published on the site to be read and known easily by the Buyer before making the purchase of a product and / or service, accepted at a time prior to the forwarding of the purchase order, stored on your computer and reproduced on paper by printing the file in which they are contained.
    17.2 The GCS applicable to the sale of products and / or services are those published on the site at the date of the order relating to the products. The Buyer, therefore, must carry out the above operations before proceeding with any purchase.

18. Legal guarantee of conformity (articles 130 and 132 of Legislative Decree 206/05)
    18.1 The Seller is liable to the Buyer-consumer for any lack of conformity existing at the time of delivery of the goods.
    In case of receipt of products that do not comply with the orders placed and / or are defective, the Buyer-consumer has the right, without charge, to restore the conformity of the product by repairing or replacing the product, in accordance with paragraphs 3, 4, 5 and 6 of the ‘art. 130 of Legislative Decree 206/05, or an adequate reduction in the price or termination of the contract, in accordance with paragraphs 7, 8 and 9 of art. 130 Legislative Decree 206/05.
    18.2 In the event of a lack of conformity of the goods, the consumer has the right to have the conformity restored or, alternatively, to receive a proportional reduction in the price or to request the termination of this contract under the conditions provided for by the Consumer Code.
    Furthermore, the consumer has the right to refuse to pay the price or part of it until the Seller has fulfilled the obligations under this guarantee.
    18.3 Pursuant to art. 132 D. Lgs. 206/05 the Buyer-consumer can exercise this right if the defect occurs within 26 months from the delivery of the goods and if it is reported to the Seller within two months of its discovery.
    18.4 the provisions of point 18.2 do not apply if at the time of delivery of the goods the packaging is damaged and there has been acceptance without reserve by the buyer. See point 11.6

19. Communications and complaints
    Written communications directed to the Seller and any complaints will be considered valid only if sent to the following address: Dalfiume Nobilvini srl Via Madonnina n. 3041 – 40024 – Castel San Pietro Terme (BO) or to the email address  dalfiumenobilvini@pec.it or to the email address: commerciale@dalfiumenobilvini.it . The Buyer indicates in the registration form his residence or domicile, the telephone number or the e-mail address to which he wishes the Seller’s communications to be sent.
20. Proper storage of the Products.

The Seller declares that it will not respond to complaints that are not supported by adequate technical and photographic documentation that demonstrates the correct conservation of the Products, unless the defect is also found on the rate used by the Supplier.

It is understood that the Seller will analyze the complaint only if the Product is still intact, capped and encapsulated. Otherwise the complaint will not be taken into consideration and the guarantee will not be considered valid as the Product will be considered altered.

21. Dispute Resolution

The user qualified as a Consumer is hereby informed that, pursuant to European Regulation no. 524/2014, in the event of a dispute he may refer to the European Dispute Resolution Body as an alternative to the ordinary courts.

The European Commission has in fact set up an online platform that provides an alternative resolution tool for disputes relating to contracts for the sale of goods and services entered into online or deriving from them.

The platform is available at the following web address: https://webgate.ec.europa.eu/eproposalWeb/

The seller’s e-mail address to be indicated in the European ODR Platform is the following: dalfiumenobilvini@pec.it (mail pec). 

22. Applicable law and competent court.

These general conditions of sale will be interpreted according to Italian law.

All disputes relating to the application, execution, interpretation and violation of purchase contracts stipulated online through the website www.dalfiumewines.com will be governed by these general conditions and subject to Italian law; and this even if carried out in whole or in part abroad.
In any case, if the Purchaser is a consumer, he can choose whether to use one of the alternative dispute resolution methods (ADR) or whether to appeal to ordinary courts.

If he decides to appeal to the ordinary courts, or if he does not adhere to the conciliation attempt referred to in the previous point or this attempt should be unsuccessful, the competent court is that of the place of residence or domicile of the consumer, if located in Italy. If the domicile of the Purchaser-consumer or his residence are not within the Italian territory, the competent court will be that of execution of the contract.
For all other cases, the territorially competent forum in an exclusive way is that of Bologna.

23.Confirmation of having read the general conditions of sale and the unfair clauses
The computer system relating to the compilation of the order is such as to prevent the confirmation and validation of the same in the absence of an explicit command given by the Buyer and aimed at confirm that the Buyer has read the conditions of sale and the unfair clauses.

In particular, pursuant to and for the purposes of Articles 1341-1342, the parties declare that they have read and understood and therefore expressly approve the articles: 5 (conclusion and effectiveness of the contract); 7 (products and services available); 11 (Delivery times and methods); 12 (limitations of liability); 13 (obligations of the buyer); 15 (Cancellation of registration for events / tours and refunds); 16 (Resolution); 17 (Effectiveness and modification of the general conditions of sale); 20 (Correct storage of the Products); 22 Applicable law and competent court); 23 (Confirmation of having read the general conditions of sale and unfair clauses).

24.Treatment of personal data

By registering on the website and / or by completing the order forwarding, the User undertakes to read the Conditions of Use of the site and the information regarding the processing of personal data (available there [ privacy policy ] and [ cookie policy ]).

The data will be processed in compliance with the principles of purpose limitation, data minimization, accuracy, conservation limitation, relevance, non-excess and protection of confidentiality.

Dalfiume Nobilvini srl, the data controller, also guarantees compliance with the principles of correctness, lawfulness and transparency and will process the data strictly essential for the establishment of the contractual relationship, for the completion of the order as well as for the fulfillment of obligations. by law (for example, in tax and accounting matters).

The user can at any time contact the owner to exercise the rights recognized by the European Regulation 679/2016 at the following email address: privacy@dalfiumenobilvini.it

In any case, the right to lodge a complaint with the Authority for the Protection of Personal Data is reserved.

The exercise of rights is not subject to any formal constraint and is free.