Sales conditions

Terms and Conditions of Online Sale
Users who use the Services offered by LM srl Unico Socio through the website www.tenutacapia.it declare that they know and accept these general terms and conditions.

Art. 1 – Definitions and object of the contract
These general conditions of sale regulate the distance marketing of products and goods referred to on the website www.tenutacapia.it (“Site”) owned by LM srl – Sole Shareholder with registered office in via Silvio Pellico 4 – 63100 Ascoli Piceno (AP) – ITALY, p. VAT 01750200444, registration number in the Register of Companies of Ascoli Piceno 01750200444 AP REA AP-1703247, telephone number 0736.261252, e-mail: info@tenutacapia.it,
The LM srl Unico Socio provides an online sales service for wine and other spirits. The Service is provided by LM srl Unico Socio “as is”, without any warranty expressed or implied for its accuracy or availability.
Contractual counterparty of LM srl Unico Socio. it is the Customer, be it “Consumer” or “Professional”, depending on whether it acts for foreign purposes or in the exercise of an entrepreneurial, commercial, craft or professional activity. The following provisions apply without distinction to both, without prejudice to the express reservation for Consumers only.
Users are responsible for their own and third-party content that they share on LM srl, by uploading them, inserting contents or by any other means. The Users relieve LM srl from any responsibility in relation to the illegal dissemination of third party content or the use of the online sales service of LM srl – Unico Socio, in ways that are contrary to the law.
The LM srl does not carry out any kind of moderation of the contents published by the User or by third parties, but undertakes to intervene in the face of user reports or orders given by public authorities in relation to content deemed offensive or illicit.
The reference legislation for contracts concluded by LM srl Unico Socio. with the Customer Consumer is that dictated by the c.d. Consumer Code (Legislative Decree 6 September 2005, No. 206), in particular in Sections II (Articles 50 to 61), III (Articles 62 and 63) and IV (Articles 64 to 67).
The general sales conditions as disciplined below may be made by LM srl Unico Socio. modifications at any time and without notice. The validity and effectiveness of these modifications, however, will be subject to their publication on the website www.tenutacapia.it.
Object of the contract concluded between LM srl Unico Socio. and the Customer is, primarily, the alcoholic products referred to in TABLE ALCOLI TA20. The customer, therefore, for such products, must declare and prove, if required, to be of age or otherwise authorized to buy them and receive them according to the law of the place where they must be delivered. The Users therefore declare to be of age according to the legislation applicable to them. The User who makes the purchase through La LM srl, furthermore, declares and guarantees that the person who will receive the shipment of the purchased products is of age according to the legislation applicable to the latter.
LM srl reserves the right to make changes to the Terms at any time, giving notice to the User through its publication on the website www.tenutacapia.i.
The User who continues to use the website www.tenutacapia.i after the publication of the changes, accepts without reservation the new Terms. LM srl reserves the right to transfer, assign, arrange for novation or subcontract all or some of the rights or obligations deriving from the Terms, provided that the User’s rights set forth herein are not affected. You may not assign or transfer in any way your rights or obligations under the Terms without the written permission of LM srl.
All communications relating to LM srl must be sent using the contact information indicated in the Contract. Should any provision of the Terms be invalid, invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be affected and will remain fully effective.
Art. 2 – How to purchase and accept the general conditions of sale
The purchase of the products of LM srl Unico Socio. takes place by sending and accepting orders.
The Customer can only purchase the goods in the catalog of the Site at the time the order is placed and at the prices and quantities indicated therein.
For purchases of wine bottles, the minimum quantity (also for different types) is equal to n. 6 (six) bottles.
The sending of the order implies the total knowledge and acceptance of these general conditions of sale by the Customer.
The contract is considered concluded when the following steps occur

1. LM srl Sole Partner. receives the purchase order from the Customer; 2. LM srl Sole Partner. send to the e-mail address indicated by the Customer the confirmation of the order made by the same. In the order confirmation the unit cost of each selected product will be indicated and the total amount in case of purchase of more products. The acceptance of the order can always be refused, even partially, by LM srl Unico Socio., Which, in such cases, will have no obligation of indemnity or compensation towards the customer. It is however understood that the images of the products present on the site they have the sole purpose of presenting them for sale, without any guarantee or commitment by LM srl Unico Socio. regarding the exact correspondence with the real product. Art. 3 – Prices and availability of products The prices of products sold are understood to include only VAT. The Customer acknowledges that, due to the possibility of multiple simultaneous access by users to the site, the products may not be available. Therefore, orders will only be processed when the products are completely available. At the express request of the Customer, however, LM srl Unico Socio. will be able to proceed with the partial evasion of the order. In this case, the Customer will have to pay the shipping costs of each individual delivery.LM srl Unico Socio. does not assume any commitment, nor can it guarantee the certainty of immediate evasion of the delivery of the purchased products and indicated as available on the site and can not be held responsible for any delays in delivery. Art. 4 – Methods of payment At the time of conclusion of the contract the customer can choose whether to make the payment of products purchased by credit card or bank transfer or cash on delivery. LM srl uses third-party payment processing tools and does not in any way come into contact with payment data – such as credit card details – provided. In case of payment via PayPal account, during the purchase, LM srl will memorize an identification code linked to the customer’s PayPal account, which authorizes LM srl to an exclusive use linked to future purchases, and it will not be necessary to insert its own access data to PayPal. The above authorization can be revoked at any time by expressly requesting it via the contact information in this document. The credit cards accepted are those of the VISA, MASTERCARD, AMERICAN EXPRESS and POSTEPAY circuits. The bank transfer must necessarily take place on the following coordinates : UNICREDITIBAN: IT78K0200813506000400946770CC in the name of LM srl. The choice of payment by bank transfer involves the fulfillment of the order only after the effective receipt by LM srl Unico Socio. of the amount due. The bank transfer must be made by the customer within 3 (three) working days from the confirmation of the order, under penalty in default of its cancellation. The purpose of the transfer must include the order number and the details of the customer. The payment method, once chosen, can no longer be changed. Cash on delivery is not permitted. Art. 5 – Shipping methods, terms and risksThe shipment of the purchased products will take place at the address indicated by the Customer (exclusively within national borders) by courier or similar, within three working days following the confirmation of payment of the order. deliveries of products are at risk of LM srl Unico Socio. up to the time of delivery to the carrier, the carrier or other agent responsible for delivery. No responsibility, for any reason, may be charged by the Customer to LM srl Unico Socio. in case of delay in the order or delivery of the products covered by the contract. Cases of force majeure, unavailability of means of transport, as well as unpredictable or unavoidable events that cause delays in delivery or make deliveries difficult or impossible or that cause a significant increase in the cost of delivery to LM srl Unico Socio. they will be entitled to: 1. split and / or postpone the expected delivery; 2. cancel, in whole or in part, the expected delivery; 3. also partially resolve the contract.LM srl Sole Shareholder. will promptly and adequately communicate its determinations to the e-mail address indicated by the Customer and the latter, in the hypothesis referred to in letter c) will be entitled to the refund, depending on the total or partial cases, of the price already paid, excluded any further claims for compensation and / or compensation. Art. 6 – Delivery costs Shipping and delivery costs are calculated if the total amount de

 

The order is less than a certain amount. Deliveries are made during normal business hours to the address indicated by the User and in the manner specified in the order summary. Upon delivery, the User must verify the content specifying in the delivery form any anomalies. In case of failure to collect within the term established by the carrier, the products will be returned to LM srl, which will refund the price of the products but not the shipping cost . LM srl can not be held responsible for errors in delivery due to inaccuracies or incompleteness in completing the purchase order by the User, for any damage occurred to the Products after delivery to the carrier or for delays in delivery to this last imputable. The delivery of the products is understood to be on the street level. For the purpose of making the delivery, the presence of the Customer or of one of his representatives in the place indicated by the same and on the day of expected delivery is always required. In case of absence of the Customer (or one of his charge), the courier will leave a notice of second delivery for the next working day and a telephone number to agree on a different delivery date.In the absence of communications from the recipient, the shipment will go in stock and can be collected at the warehouse of the shipper or in another place provided by the same for a period of 15 (fifteen) days after which the goods will be returned to LM srl Unico Socio. In these hypotheses, LM srl Unico Socio. will have no obligation to reimburse to the customer the amount paid in advance to the order, meaning this for expressly waived, and will be able to charge the costs for the management of the stock and the return to the sender, which will be promptly specified to the customer. Art. 7 – Verification of goods At the time of delivery of the goods by the courier, the customer is required to verify that the number of packages delivered corresponds to what is indicated in the transport document and that the packaging is intact, undamaged and in any case not altered, also in the closing materials, carefully checking the presence of any signs that indicate the breakage of the goods, such as, purely indicative and not exhaustive, the leakage of liquids and / or the presence of moisture on the packaging. Any damage to packaging and / or products and / or mismatch in the number of packages and / or indications must be immediately challenged by the Customer, affixing the words “goods accepted with reserve for the following anomaly found: ……….” on the courier’s delivery receipt. Furthermore, the Client, under penalty of forfeiture, undertakes to communicate promptly, and in any case no later than 8 (eight) days from the date of delivery, to LM srl Unico Socio. any and any disputes concerning the physical integrity, correspondence or completeness of the products received. The notification must be made by registered letter a / r and must be accompanied by at least one photo of the product and its packaging. Art. 8 – InvoicingLM srl Sole Shareholder. will issue a regular non-tax receipt for the products purchased by the Customer. In the event that the Professional Customer requests the accompanying invoice, it must also indicate the VAT number. No changes will be allowed on the invoice after the issuance of the same. The Customer, therefore, is responsible for the correctness of the information provided when ordering. Art. 9 – Limitation of LiabilityThe Client exonerates LM srl Sole Partner. from any and all contractual or extra-contractual responsibility for direct or indirect damages to persons and / or things, caused by non-acceptance, even partial, of an order. The User releases and releases LM srl expressly from any responsibility, within the limits permitted by applicable legislation, in relation to any damages or claims of any type and kind of own and / or third parties including direct, indirect, punitive, incidental, special damages, damages resulting from lost profits, lost revenues, loss of data or costs of substitution deriving from or in any case connected with this agreement.LM srl Sole Shareholder. not liable for damages, even to third parties, possibly caused as a result of their own slight negligence. Except for cases of willful misconduct and gross negligence, LM srl Unico Socio. can not be called to respond, for any reason or reason, for sums exceeding those paid by the customer in performance of the contract.It is also expressly excluded any warranty for any defects in products sold resulting from improper storage of the same by the customer. In this regard, the Customer acknowledges that the products marketed by LM srl Unico Socio. must be kept in conditions appropriate to the nature of the same. In the case of wine, however, the bottles that c

 

they must preferably be left in a horizontal position, in environments with poor lighting and at a constant temperature never higher than 23 ° C, as they may otherwise compromise its characteristics and in particular the volatile components, which may irreparably deteriorate.La srl ​​reserves the right to right to add, remove features or features or suspend or interrupt the provision of the Service, either temporarily or permanently. In the event of a permanent interruption, LM srl will act as possible to allow Users to withdraw their information hosted at LM srl. Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of La LM srl and its Services without the express permission of LM srl, guaranteed directly or through a specific resale program. The User undertakes to indemnify La LM srl (as well as any companies controlled by it or affiliated, its representatives, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal fees incurred for defend themselves in court, that should arise in the face of damage caused to other Users or third parties, in relation to the content uploaded online, to the violation of the terms of the law or the terms of these conditions of service.Usage not allowed. The Service must be used in accordance with the Terms. Users can not: • reverse engineer, decompile, disassemble, modify or create derivative works based on La LM srl or any portion of it; • circumvent the IT systems used by La LM srl or its licensors to protect the content accessible through it; • copy, store, modify, change, prepare derivative works or alter in any way any of the contents provided by La LM srl; • use any robot, spider, search and / or site retrieval application, or any other device, process or automatic means of accessing, retrieving, scraping or indexing any portion of La LM srl or its contents; • rent, dismiss or sublicense La LM srl; • defame, offend, harass, enforce threatening practices, threaten or otherwise violate the rights (such as the right to privacy and publicity) of others; • disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content; • use LM srl in any other improper way that violates these Terms.Cancellation of accounts and closure of user accountsThe registered users can disable their accounts, request their cancellation or stop using the service at any time, through the interface The LM srl or contacting directly LM srl.La LM srl, in case of violation of these Terms, reserves the right to suspend or terminate the User’s account at any time and without notice. For information on the use of personal data, Users must refer to La LM srl privacy policy. All trademarks of the Application, figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos appearing on La LM srl are and remain the exclusive property of LM srl or its licensors and are protected by applicable trademark laws and related international treaties. Art. 10 – Exercise of the right of withdrawalThe Customer Consumer has the right to withdraw from the purchase contract of the products without any penalty within 14 (fourteen) working days from receipt of the goods and prior written notice to be forwarded by registered mail to / r (or by e-mail, fax or telegram as long as followed by a registered letter with acknowledgment of receipt within the following 48 hours) to LM srl Unico Socio.It is not allowed to change the single bottle of wine or more bottles of wine or another product chosen with other packs without additional costs. In the communication the Consumer Customer must indicate the product or products for which he intends to exercise the right of withdrawal, the order number and the order date, the invoice number and the IBAN code. Then, you can send back the goods object of withdrawal.The right of withdrawal, in addition to compliance with the above, is properly exercised if the following conditions are met: • the products purchased are substantially intact; • the products are returned in their original packaging; • products are sent in one shipment; • the products have not been used or damaged. The cost of returning the products will be charged to the Customer Consu

 

the owner, including the responsibility in case of loss or damage of the products. Check the integrity of the returned product and its compliance with the order processed, LM srl Unico Socio. will reimburse to the Customer Consumer, by bank transfer, the sums collected in the shortest possible time and, in any case, within 15 (fifteen) days from the date on which the return took place. Failure to comply with the conditions and methods of exercising the right Withdrawal as specified above will not give rise to any refund, remaining the contract perfectly valid and effective. The right of withdrawal is reserved only for natural persons, previously defined as “consumers.” It therefore remains excluded from the right to exercise the right of withdrawal. Professional client Art. 11 – Industrial and intellectual property The contents of the Site are protected and protected by the current rules on copyright and industrial property, and any and all extrapolation and reuse of the contents of the Website is forbidden, if not with the express permission of LM srl Unico Socio, in particular, by way of example but not exhaustive Usual, the extraction and re-utilization of: texts, photographs, films, databases, reproductions, drawings and any graphic representation present both on the labels and on the packaging are prohibited. The Customer is also informed that the Website may find brands, domain name, company names, companies and insignia of third parties with which LM srl Unico Socio. has commercial cooperation relationships. They have the same protection accorded to the distinctive signs of LM srl Unico Socio. from current regulations. Art. 12 – Processing of personal data In order to use the Service or part of it, Users must register by providing, in a truthful and complete manner, all the data requested in the relevant registration form and accept the privacy policy and the present general conditions. The User has the duty to keep and keep confidential his access credentials. The LM srl Unico Socio will process the personal data provided by the Customer for the on-line purchase of the products, in compliance with the legislation on protection. of personal data (Code regarding the protection of personal data – Legislative Decree No. 196/2003 and subsequent amendments) and in mainly electronic form. The treatment will have as object the operations, or the complex of operations (such as mere example: collection, registration, organization, conservation, processing, communication, modification, selection, use, cancellation, destruction), concerning personal data provided by the Customer when completing and sending on-line the purchase order. The treatment can be carried out: 1. to fulfill fiscal and accounting obligations or other legal obligations; 2. for the management and execution of the contract as well as for the fulfillment of the obligations arising and connected to the contract, such as, but not limited to, the execution of transport services. Complying with the purposes set out in points 1 ) and 2), the provision of data, albeit optional, is necessary for the execution of the online shopping service and any refusal to supply them determines the impossibility for LM srl Unico Socio to provide the same. To perform the treatments referred to in points 1) and 2) it is not necessary to acquire the consent of the Customer. For the correct performance of the aforementioned activities, data will mainly be accessed by those who are responsible for the processing of La LM srl Unico Socio for the purposes indicated above, as well as for those related to institutional tasks (eg IT service providers, data entry, transport and delivery) .LM srl of the treatment is LM srl Unico Socio.In relation to the data processed, the Customer has the right at any time to exercise the rights recognized by the art. 7 of Legislative Decree n. 196/2003 and, in particular, to obtain a copy of the processed data, to request its updating or rectification or integration or cancellation, as well as the transformation into an anonymous form or the block for processing in violation of the law and, finally, to oppose the processing for legitimate reasons. To exercise these rights, the Customer can write to LM srl Unico Socio. at the registered office of Via Silvio Pellico 4 – 63100 Ascoli Piceno (AP), for the attention of the Data Processor. Art. 13 – Jurisdiction and Jurisdiction The purchase contract between the Customer and LM srl Unico Socio. it must be considered concluded in Italy and governed by Italian law. Any controversy that may arise regarding the application, execution, interpretation and violation of the contract will be the exclusive jurisdiction of the Court of Ascoli Piceno.Ai and for the purposes of Articles 1341 and 1342 cc the customer declares

 

to specifically accept the clauses referred to in these General Conditions of Sale referring to: Article 2 – Methods of purchase and acceptance of the general conditions of sale; Art. 3 – Prices and availability of products; Art. 5 – Shipping methods, terms and risks; Art. 6 – Delivery costs; Art. 7 – Verification of the goods; Art. 9 – Limitation of liability; Art. 10 – Exercise of the right of withdrawal; Art. 13 – Jurisdiction and Jurisdiction. General Conditions of SaleThe present “General Conditions of Sale” regulate the sale of the products marketed by LM srl Unico Socio (hereinafter simply referred to as “LM srl”). 1. LM srl reserves the right to refuse orders that at its sole discretion are not incompatible with its commercial policy. 2. LM srl is obliged to perform only the services specified in the order. 3. The prices of the products refer to the price list in force at the time of acceptance of the offer of sale by the Buyer or the issuance of the order confirmation by LM srl. LM srl reserves the right to modify the current price list at any time, upon written notice to the Purchaser, in the event that there is an increase in the cost of raw materials, labor or any other factor that causes a significant increase in production costs. LM srl undertakes to communicate any increase promptly to the customer so that he can, in case, withdraw from the order. In case of price changes, the delivery of the products will be made after the customer has confirmed the relative acceptance. 4. The prices of the products are always understood as “Franco Vettore” (FCA Incoterms 2010), without prejudice to various written agreements between the parties. 5. Prices, terms of delivery and other indications provided by our representatives, agents and sales officials, are valid unless otherwise communicated by La LM srl 6. All orders are subject to acceptance by LM srl, after verification of the effective availability of products. 7. Delivery terms: ready. In the event of a temporary lack of one or more products, LM srl reserves the right to split the order fulfillment by delivering the requested items as available and following a subsequent shipment the products excluded on delivery. 8. The transport is carried out in free packs specially designed to guarantee the integrity of the bottles. 9. Shipping: the shipment is carried out, either directly or by courier, carriage paid or assigned, according to agreements and as indicated in the transport document. 10. The goods are intended in any case delivered to the buyer by signing the delivery documents. The recipient must express the right-duty of control at the time of delivery of the goods and certify the facts to the carrier. He must also check that the packaging is intact, dry, not tampered with or damaged in any way. 11. If the Customer finds damage and / or obvious anomalies, he must refuse the parcel / parcels and promptly notify LM srl or the representative of the failure to collect and the relative reasons. This communication can be sent by e-mail to: info@tenutacapia.it and must mention the date of the order and the addressee, and the reasons for the non-collection. 12. The Customer and / or the person in charge of the same at the pick-up of the goods is required to check, at the time of delivery and in the presence of the carrier, that the total number of packages is the same as previously communicated at the time of shipment. 13. The goods are guaranteed only if the external packaging is intact in all its parts. 14. Any complaints regarding the status of the goods must be received within 8 days from the date of receipt of the goods. The complaint can be sent by e-mail to: info@tenutacapia.it 15. LM srl does not receive goods returned by the recipient if this will not be previously authorized. In case of authorized return following complaints highlighted within 8 days from receipt of the goods, LM srl will take care of collecting the returned goods directly or by means of an agreed courier with expenses charged to it. The right of withdrawal is however subject to the condition that the purchased good is returned substantially intact: since these are products intended for food consumption, the packages must not have been opened and / or tampered with. In all other cases, the authorized return must be received by LM srl in free port. 16. The buyer is obliged to pay the invoice prices without discounts and / or roundings not expressly provided for in the invoice. 17. Payment must be made by the means and terms provided in the order or according to the agreed agreements. In case d

 

the delay in payment LM srl reserves the right to apply default interest to the extent of current bank rates. 18. The clauses contained in these general conditions of sale can be waived only by written agreement of the parties. 19. For any controversy, the Court of Ascoli Piceno as the only exclusive competent is agreed upon at the same time. 20. For anything not expressly provided for by these “General Conditions of Sale”, please refer to the civil, tax and penal regulations in force.