Terms of sale

Cantina Battiati (later company Company) with registered office in C.da Piano Daini, Solicchiata – Castiglione di Sicilia (Catania)

Tel. +39 3687179064 – e-mailacchetti@cantinebattiati.it, manages the website www.cantinebattiati.it and the shop in it.

These general terms and conditions govern the sale – of products to private consumers (Customers) through the website www. cantinebattiati.it

The prices indicated on this site are inclusive of VAT and are subject to change without notice. The sale and shipment of the products on the site is limited exclusively to European countries.

  1. The shop

The Shop is an e-commerce site that allows users to purchase the wine that the company produces by accepting the terms and conditions of use.

“Users” means the subjects who purchase (“Buyers”) through the platform:

a) Buyers without legal personality: to be considered natural persons and therefore not endowed with legal personality and specifically all potential visitors to the site;

b) Buyers with legal personality: to be considered exclusively subjects with legal personality operating in the sector.

  • General Conditions of Use and Sale

The sale and use of the services offered on our site are governed by the terms and conditions set out below and their use presupposes full knowledge and unconditional acceptance of the clauses listed below. To buy online you need to register on the site.

  • Acceptance of the conditions of sale

The company reserves the right to accept or decline orders placed through the site, from the moment the order is accepted through the email confirmation sent to the email address supplied by the customer, this contract is intended as stipulated. The customer undertakes to verify all the information contained in the acceptance email: order number, date, time, personal data and shipping data and to promptly report any discrepancies to the company. If there are particular conditions of unavailability of one or more products, the company will inform the customer that it will not impute any responsibility to the same and will also accept partial and incomplete orders. The parties expressly exclude any right of the Customer to any hypothesis of damages, compensation, reimbursement, and release the Company from any contractual or extra-contractual liability as a consequence of direct or indirect damage to persons and / or things, caused by the total rejection or partial of an order.

  • Changes to the Service or Changes to the Conditions

The company reserves the right to modify the Services, policies, these General Conditions of Use and Sale, the Terms of Service at any time to offer new products or services or to comply with legal and regulatory provisions. The customer will be subject to the policies and terms of the General Conditions of Use and Sale in force at the time he uses the Services. If any provision of these conditions is deemed invalid, null or for any reason inapplicable, this condition will not affect the validity and effectiveness of the other provisions.

  • Stipulation of the contract, modification and duration of the same.

This agreement is valid from the date of registration of an Account on the site and remains effective until terminated in accordance with the provisions of this section. Any changes or new conditions of sale will be effective from the time of publication on the site and will be applied only to sales concluded after publication.

  • Service Suspensions

Each service will be ensured in the best way by the company, but uninterrupted access and transmissions cannot be guaranteed without errors. Access to the company site may also be occasionally suspended or limited for maintenance or repair work or to offer new services. The customer assumes all responsibility for any damage to their computer system resulting from the use of the service.

  • Personal Account

The customer is required to protect the data in their account (username and password) and assumes responsibility for all activities carried out through the use of the same. If it is believed that third parties are aware of the password or that it has been used in an unauthorized manner, the customer is required to report it immediately to the company. The customer also undertakes to provide correct data and to communicate any changes in the information recorded. It undertakes not to cause damage and malfunctions to the company website and not to use the services offered for fraudulent purposes and illegal activities, to cause disturbance, prejudice or apprehension.

The company reserves the right to close or suspend an account and to change the contents of the web pages at its discretion in the event of violation of the General Conditions of Use and sale or the provisions of the law.

  • Order Processing

The company reserves the right to refuse to carry out all those transactions that do not comply with the conditions of this Agreement, the law in force or that are suspected of being fraudulent or illegal. The buyer will be informed if a transaction is rejected within the legitimately recognized deadline and, if possible, the reasons for which it was not successful will be specified so that any errors made can be corrected. Refused transactions will not be considered a responsibility of the company for the purpose of non-execution.

Should a transaction report processing errors, the company is authorized by the customer to correct such errors always in accordance with applicable laws.

  • Delivery of Products

All orders are shipped by courier, the customer is required to pay a fixed shipping account indicated at the time of the order and processed during the purchase, this contribution varies according to the quantity of goods purchased.

The company undertakes to ship the product in shockproof protective packaging. The courier provides indicative delivery times, subject to variation based on different geographical areas, weather conditions and traffic conditions.

Delivery is usually scheduled on working days.

The courier makes the first delivery without notice. In case of absence of the Customer, the courier will retry further delivery in the following two working days. In the event of further absence, the delivery will be canceled and the amount paid will be refunded to the customer, net of shipping costs and reimbursement costs. The customer can contact the courier and agree, according to the availability of the carrier, times and delivery methods. No responsibility can be attributed to the Company for the delay in order fulfillment or for the times and methods of delivery of the ordered goods. In the event that the goods purchased by the Buyer arrive late, beyond 24 hours or the time indicated at the time of completion of the sale, which in any case is never considered as peremptory and / or essential, or is damaged or lost, the Buyer must report the event that occurred to the Company’s support team within 24 hours of delivery, so that the latter, as the sender, can assert the carrier’s liability pursuant to and for the purposes of Articles . 1683 and ss. c.c. and in particular the articles 1693 and 1696 of the Italian Civil Code.

The customer is required to check that upon delivery by the courier that the packaging is not damaged or wet and that the number of packages corresponds to the number on the invoice. Any damage verified must be immediately reported to the courier by “conditional collection” on the delivery document and confirmed within 8 days by registered letter to the address of the courier’s office. Should the delivery be accepted, by signing the delivery document, the Customer will not be able to contest any damage either to the courier or to the company. In any case, the Company will be liable for any damage, loss and / or breakdown or theft of the goods within the limits of their value, with the exclusion of any indirect damage and / or loss of earnings or other causes.

A regular invoice will be issued for each purchase.

  1. Methods of payment

On the website www.cantinebattiati.it it is possible to make purchases using the following types of payment:

  1. Credit card, if you do not have a paypal account it is possible to process the payment by credit card.
  2. PayPal
  3. Bank transfer

The credit cards accepted are those linked to the Visa, Visa Electron, Mastercard, Maestro, Aura and Postepay circuits. Orders placed by Paypal credit card, bank transfer can assume the status:

  1. Completed: the order has been completed and the payment is in a state of verification; in case of no authorization from the interbank circuit, the order will be canceled.
  2. Confirmed: the order has been verified and approved.
  3. Shipping: if home delivery has been chosen, the order has been processed.
  4. Shipped: the order has been delivered to the courier. The waybill and the invoice are available.

The order is charged to the Customer’s credit card at the time the ordered goods are processed. The Customer can cancel the order until the same has not yet assumed the “Confirmed” status. At any time, the Customer can check the status of the order by clicking on the url indicated in the order.

11   Complaints and Refunds Management

The Buyer within 8 (eight) days of receiving the goods can file a complaint or request a refund for the amount paid. It should be noted that, for the purposes of proper management, refund requests must be formalized via email to the Company which will assess the validity of the complaint or refund request, also using additional material requested from the counterparties, and will refund the Buyer only in if the following conditions are met:

  1. obvious and objective discrepancies between the goods and the goods received by the Buyer (for example: errors in the type of product shipped following an order, errors in quantity information.
  2. goods damaged during transport with non-compliant packaging as established by the shipping partners. For other types of complaint (for example in the event of defects or faults in the product, in the event of a dispute regarding transactions carried out by credit card – or any complaints of “cloning” of the same), the Company will provide support in compliance with these general conditions of purchase and / or sale or general conditions of the service, and in any case according to the rules of the Civil Code regarding guarantee in the sale and those of the Consumer Code with regard to articles 56 and following to protect the consumer.  The Customer will have to arrange, at their own care and expense, for the shipment of the products to be returned to the Company, using safe and suitable packaging to ensure the integrity of the products. Once the return has been received, the Company will promptly credit any amount already paid by the Customer.
  1. Right of withdrawal

Pursuant to art. 64 and ss. of Legislative Decree no. 206/2005, if the Customer purchases at the Company’s Online Shop as a consumer, i.e. for purposes not related to his professional activity and without indication of VAT number, he has the right to withdraw from the purchase contract, without no penalty and under the conditions indicated below. If the Customer decides to make use of the right of withdrawal, he is required to communicate it to the addresscquire@cantinebattiati.it within 10 working days of receipt of the package indicating the order number and which products he intends to return, as well as the bank details for the credit. The Company will send the Customer a return form, which must be printed and completed in its entirety and inserted by the Customer inside the packaging to be shipped. The Customer will have to arrange, at his own expense and at his own expense, for the shipment of the products to be returned to the Company, using safe and suitable packaging to ensure the integrity of the products.

Once the return has been received, the Company will promptly credit any amount already paid by the Customer.

  1. Transaction security

Transactions by credit card or PayPal account are carried out directly on the PayPal site, and the Company is therefore not able to know or store any type of information relating to the Customer’s credit card, because they are typed directly. on the PayPal circuit site and managed there by using the highest security standards.

  1. Reviews, Comments, Communications and Content

It is allowed to post reviews, comments, questions or other information, as long as the content is not unlawful (i.e. obscene, abusive, intimidating, defamatory, does not violate privacy, intellectual property rights or is not otherwise offensive to the Company and / or third parties or deplorable and in any case does not contain viruses, political propaganda, commercial solicitation, chain letter, mass e-mails or any other form of spamming). You will not be able to use a false e-mail address, pretend to be another person or subject or in any other way lie about the origin of a postcard or other content. We reserve the right to remove or modify such content. If you believe that a content, or a sales advertisement published on the site or used as part of the Services, contains a defamatory statement or that your intellectual property right has been infringed by an article or information on the site or used in the scope of the Services, we invite you to complete and send us the Notification Form and we will promptly do so.

If you decide to send content or materials, unless otherwise indicated by us, you grant: (a) The Company the non-exclusive, free, sublicensable and transferable right to third parties, to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute and display such contents anywhere in the world through any means of communication and (b) the Company, its sub-licensees and assignees, the right to use, at its discretion, the name you use in relation to they. Your moral author rights are reserved. You agree that the aforementioned rights granted to us are irrevocable for the entire duration of your intellectual property rights associated with such content and materials. You agree to carry out all further activities necessary to perfect each of the above rights granted by you to the Company, including the signing of deeds and documents, at our request.

You declare and warrant that you have, personally or in any other way, the ownership or in any case the availability of all rights relating to the content of what you publish; that, as of the date the content or material is published: (i) the content and material are accurate and relevant; and (ii) the use of the content and material you provide does not conflict with any of the Company’s applicable policies and guidelines and that such use does not cause harm to third parties. Except in cases where any liability is attributable to the failure to remove illegal content following the receipt of a notification form, you undertake to indemnify the Company from all legal actions taken by third parties against the Company, deriving from or in any case connected with the content and materials provided by you.

  1. Minors

We do not sell products to minors. If you are under the age of 18, you cannot use the Services provided on this site or purchase the products on it.

  1. Limitation of Liability

The Company will not be liable for (i) losses that are not a consequence of our breach of these general conditions or (ii) for any loss of business opportunity (including lost profits, revenues, contracts, anticipated savings, data, goodwill or unnecessary expenses incurred) or (iii) any other indirect or consequential loss that was not reasonably foreseeable, either by you or by us, at the time you began using the Company’s Services. We will not be responsible for any delay or non-fulfillment of obligations under these general conditions if the delay or non-fulfillment derives from unforeseeable circumstances or due to force majeure. This provision does not affect your rights deriving from the law and in particular your right to receive the goods purchased within a reasonable time or to be reimbursed in the event of non-delivery due to circumstances arising from unforeseeable circumstances or due to force majeure.

To the extent permitted by applicable law, we and our affiliates (and their respective employees, administrators, agents and representatives) disclaim any liability for indirect, incidental, punitive or consequential damages arising out of or in connection with this contract, the site and the materials or service (including the inability to use the service). Furthermore, and without prejudice to the foregoing, within the limits established by applicable law, we and our affiliates (and their respective employees, directors, agents and representatives) decline any liability for damages arising from or related to the services or products purchased or transactions entered into service. In no event shall we or our affiliates (and their respective employees, directors, agents and representatives) aggregate liability arising out of or related to this contract or transactions contemplated herein, by contract, tort (including but not limited to liability for fault or damage from product), guarantees, or for other reasons, may exceed the amount of the products purchased.

Notwithstanding the foregoing, in no event shall we or our Affiliates be held liable to you for any failure or delay on our part (or our employees, agents or representatives) in the performance of the obligations under this Agreement, in cases where where such failure or delay is due to abnormal and unforeseeable circumstances beyond our control and the consequences of which could not have been avoided despite all reasonable efforts to prevent them, or where we are bound by other obligations under applicable law.

  1. Intellectual Property

All content present or made available through the site in the form of texts, graphics, logos, icon buttons, images, audio files, digital downloads, data and software collections, lists or other databases, are the exclusive property of the Company or its content providers and are protected by Italian and international laws on copyright and database rights. It is not allowed to systematically extract and / or reuse parts of the Services without the express written consent of the Company. In particular, you are not permitted to use data mining, robots or similar capture or extraction devices to mine (one or more times), to reuse any substantial part of any Service, without our express written consent.

You are aware that the Company has no control over and is not required to comply with: which users access the Services rendered by the Company; what content you access through the Services; to what effect the content may have on you; how you might interpret or use the content; what actions you could take as a result of exposing the content.

By accepting these general conditions of use and sale, expressly relieves the Company of all responsibilities related to the acquisition or non-acquisition of the content accessible through the Services. The company is not responsible for the accuracy of the information, descriptions, recommendations available through its Services.

18  Privacy Policy – Information

The Company pays extreme attention to and with respect to the collection and processing of personal data of its customers and surfers, which is always limited to the provision of the services requested by the navigator and the activities related to them. The complete information on the processing is always available on the site.

  1. Security measures

The Company has taken all security measures in order to reduce any risk of loss or destruction, even accidental, of the acquired data, of unauthorized access by third parties or unauthorized processing.

  • Jurisdiction and competent court

The sales contract between the Customer and the Company must be understood as concluded in Italy and governed by Italian law. If the customer has purchased as a consumer, the reference forum is to be identified in his municipality of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Catania.

  • Electronic Communications

When you use the Services on the site or send an e-mail, you communicate with us electronically. We will communicate with you by email or by posting notices and notices on the site. Without prejudice to the specific provisions of the law of a mandatory nature, for the purposes of this contract, you agree to receive communications from us in electronic form and acknowledge that all contracts, notifications, the information and other communications that we provide you in electronic form satisfy the requirement of the written form, when required by law.

  • Complaints and Communications

Registered office: Cantina Battiati di Francesco Battiati. C.da Piano Daini, Solicchiata, Castiglione di Sicilia (Catania).

Web Site: www.cantinebattiati.it

Telephone: +39 3687179064