Terms and Conditions of Sale
Users of the Services offered by this website declare that they are aware of and accept these General Terms and Conditions of Contract.
Website Owner and Provider of Related Services
Castello La Leccia
Loc. La Leccia, 53011, Castellina in Chianti (SI), Italy
Owner Email Address: enoteca@castellolaleccia.com
About the Website
This website offers an online sales service for wine and other alcoholic beverages.
Introduction
This Document
This document constitutes a legal agreement between you, as the User, and the company that manages and regulates your use of the website and, in any case, the use of the services provided. A "legal agreement" means that once accepted by the User, the terms of this agreement are binding upon them.
For the sake of simplicity, "User", "you", "your" and similar terms, whether singular or plural, refer to you, the User. "We", "our" and similar terms refer to the company that owns and manages the website. "Agreement" refers to this document, as amended from time to time. The Agreement is concluded in the Italian language. Additional definitions can be found in the "Definitions" section at the bottom of this Agreement.
Acceptance of the Agreement
In order to use this website, you must carefully read and accept the Agreement by clicking the specific acceptance button. If you do not accept the Agreement, you will not be able to use the Service.
Registration, Website Content, and Prohibited Use
Age Requirements and Conditions for Receiving Deliveries
The use of the Service and the purchase of products offered on this website are strictly reserved for users who are at least 18 years old. Furthermore, the User making the purchase declares and warrants that the person who will physically receive the shipment of the purchased products is also of legal age according to the laws applicable to them. The courier in charge of delivery reserves the right to request a valid ID to verify the recipient's age and may refuse delivery if the age requirements are not met.
Registration
In order to use the Service or any part of it, Users must register by providing truthful and complete information in the relevant registration form and fully accept the privacy policy and these general terms. The User is responsible for keeping their login credentials secure and confidential.
It is understood that under no circumstances shall the Owner be held liable in the event of loss, disclosure, theft, or unauthorized use by third parties, for any reason whatsoever, of the Users' login credentials.
Account Cancellation and Termination of User Accounts
Registered Users can deactivate their accounts, request their deletion, or stop using the Service at any time through the interface of this website or by contacting the Owner directly.
In the event of a breach of these Terms, the Owner reserves the right to suspend or terminate the User's account at any time and without notice.
The Owner reserves the right to suspend or delete the User's account at any time and without notice if it believes that:
- The User has breached the Agreement; and/or
- Access to or use of the Service could cause damage to the Owner, other Users, or third parties; and/or
- The User's use of this website may result in a violation of applicable laws or regulations; and/or
- It is required in the case of investigations conducted as a result of legal actions or government authority involvement; and/or
- The account is deemed by the Owner, at its sole discretion and for any reason whatsoever, inappropriate, offensive, in breach of the Agreement, or not in line with the Owner's standards.
Content Available on This Website
The content available on this website is protected by copyright law and other international treaties and laws protecting intellectual property rights. Unless otherwise specified, its use is permitted to Users solely within the limits specified in this clause.
The Owner grants the User, for the entire duration of the Agreement, a personal, non-transferable, non-exclusive license, solely for personal and non-commercial purposes, and limited to the device used by the User to access such content.
Therefore, the User is expressly prohibited from copying, downloading, sharing (except within the limits illustrated below), modifying, publishing, transmitting, selling, sublicensing, processing, transferring/assigning to third parties, or creating derivative works in any way from the content, including third-party content, available on this website, or allowing third parties to do so through the User or their device, even without their knowledge.
Where expressly indicated on this website, the User may be authorized, for purely personal use, to download, copy, and/or share certain content made available on this website, provided that they faithfully reproduce all copyright indications and other notices provided by the Owner.
Content Provided by Third Parties
The Owner does not pre-moderate content or links provided by third parties shown on this website. The Owner is not responsible for such content or its accessibility.
Content Provided by the User
Users are responsible for their own content and third-party content that they share on this website by uploading it, entering text, or by any other method. Users indemnify and hold the Owner harmless from any liability in connection with the unlawful dissemination of third-party content or the use of this website in violation of the law.
The Owner does not perform any moderation of content published by the User or third parties, but undertakes to intervene upon reports from Users or orders issued by public authorities regarding content deemed offensive or unlawful.
In particular, the Owner may suspend or stop displaying content if:
- Complaints are received from other Users;
- A notice of infringement of intellectual property rights is received;
- It deems it necessary to do so in anticipation of, or as a result of, legal actions;
- Such action is requested by a public authority; or
- It believes that such content, if it remains accessible through this website, could put Users, third parties, the availability of the Service, and/or the Owner itself at risk.
Rights over Content Provided by Users
The only rights granted to the Owner regarding content provided by Users are those necessary for the operation and maintenance of this website.
Unless otherwise established, by sending, publishing, or displaying content on or through this website, the User grants the Owner and other Users a worldwide, non-exclusive, royalty-free license with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or distribution method currently available or developed in the future.
Services Provided by Third Parties
Users may use services or content included in this website provided by third parties, but they must first review and accept the terms and conditions of such third parties. Under no circumstances shall the Owner be held liable for the correct functioning or availability, or both, of services provided by third parties.
Prohibited Use
The Service must be used in accordance with these Terms.
Users may not:
- Reverse engineer, decompile, disassemble, modify, or create derivative works based on this website or any portion of it;
- Circumvent the computer systems used by this website or its licensors to protect the content accessible through it;
- Copy, store, modify, change, prepare derivative works of, or alter in any way any of the content provided by this website;
- Use any robot, spider, site search/retrieval application, or any other automatic device, process, or means to access, retrieve, scrape, or index any portion of this website or its content;
- Rent, license, or sublicense this website;
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
- Disseminate or publish illegal, obscene, illegitimate, defamatory, or inappropriate content;
- Misappropriate an account used by another User;
- Register or use the Service to approach Users to promote, sell, or advertise products or services of any kind through this website;
- Use this website in any other improper manner that violates the Terms.
Conditions of Sale
Paid Services
This website features certain subscriptions or paid services.
The fees, duration, and conditions of paid accounts and services are indicated in the relevant section of this website.
Purchase Procedure
Each order submitted constitutes an offer to purchase products. Orders are subject to availability and to the Owner's discretionary acceptance.
The User must select the products and complete the checkout after carefully verifying the information contained in the order summary. The order is placed upon confirmation of the same and is conditional on the payment of the price, taxes, and shipping and payment fees indicated in the Order Summary form.
The Order Processing Receipt does not constitute acceptance of the order. The contract is concluded when the Order Confirmation is sent by the Owner to the email address provided by the User. The Owner reserves the right not to confirm an order, notifying the User within 5 business days of placing the order, via the email address associated with their purchase, of the unavailability of one or more of the purchased products. In this case, the Owner will refund the price and shipping costs incurred by the User.
Methods of Payment
This website uses third-party tools for payment processing and does not access or collect any payment data—such as credit card details—provided by the User.
Any management costs for unaccepted User payments will be charged to the User.
Pre-authorization for Future Payments via PayPal
In the case of payment via PayPal account, during the purchase, this website will store an identification code linked to the customer's PayPal account, authorizing this website to use it exclusively for future purchases.
This authorization can be revoked at any time through the interface of this website or by contacting the Owner directly.
Retention of Title
Until full payment of the price of the products ordered is received, the products remain the property of the Owner.
Product Availability
Prices, descriptions, or availability of the products displayed are subject to change without notice. The photos included are for illustrative purposes and may not be an exact representation of the products.
The Owner will do its best to present the characteristics of the products in as much detail as possible on this website within each product sheet. However, the images and colors of the products offered for sale on this website may differ from the real ones due to multiple factors, including, but not limited to, the User's device monitor, photographic filters, etc. Therefore, the User acknowledges and accepts that any minor differences do not constitute a lack of conformity of the products.
Order Fulfillment
The Order is fulfilled within the terms specified in the summary page and in the Order Confirmation email, subject to the availability of the ordered product. The Owner cannot be held liable for damages suffered by the User due to delivery delays that do not depend on circumstances foreseeable by the parties at the time the Order Confirmation was sent.
Delivery
Deliveries are made during normal working hours to the address indicated by the User and according to the methods specified in the order summary.
Shipping rates and costs are calculated automatically by the system during checkout based on the selected destination Country and the number of bottles purchased.
Shipping Damage and Obligation to Accept with Reservation
Upon delivery by the courier, the User is required to carefully check the condition of the packaging before signing the transport document. If the packaging is visibly damaged, wet, tampered with, or if the sound of broken glass can be clearly heard from inside, the User must make a specific written reservation on the carrier's delivery note, stating: "Accepted with reservation due to damaged/wet packaging". Furthermore, the User must promptly take photos of the closed packaging and of the damaged bottles upon opening, sending the report to the Owner within 48 hours of receipt. In the absence of an express written acceptance with reservation on the courier's delivery note, the Owner cannot be held responsible for damages occurred during transport.
The Owner cannot be held responsible for delivery errors due to inaccuracies in the order filled out by the User or for delays attributable to the User.
International Shipments, Customs Duties, and Import Taxes (Non-EU)
For all shipments destined for non-European Union countries (including, but not limited to: United States of America, United Kingdom, Switzerland, Japan, Australia), the import of alcoholic products may be subject to customs duties, local import taxes, excise duties, or specific restrictions under the destination country's regulations. All costs relating to customs duties, clearance fees, or local taxes are the sole and total responsibility of the recipient User. It is the User's responsibility to check with their country's customs authorities in advance regarding the feasibility and import costs of the alcoholic products ordered. The Owner is not responsible for any customs blocks, delays, or seizures resulting from non-compliance with the local regulations of the destination country.
Environmental Labeling of Packaging
In compliance with current regulations on the environmental labeling of packaging, information and guidelines regarding the correct sorting, collection, and disposal of both the packaging materials used for shipments and the product packaging components themselves (glass, cork, capsules, etc.) are freely available in the dedicated "Environmental Labeling" section in the website's footer or, where applicable, by scanning the QR Code on the products.
Right of Withdrawal (Right to Cancel)
In the case of purchase of products or services on this website, the User has the right to withdraw from the contract without giving reasons within 14 days.
The withdrawal period expires 14 days after the day on which the User or a third party—other than the carrier and designated by the User—acquires physical possession of the goods. To exercise the right of withdrawal, the User must inform the Owner of their decision to withdraw by an explicit statement sent to the contact details provided.
Effects of Withdrawal
If the User withdraws from this contract, they will be refunded all payments made to the Owner, excluding shipping costs, without undue delay and in any case no later than 14 days from the day on which the Owner is informed of the User's decision to withdraw from this contract. The refund may be suspended until receipt of the goods or until the User has demonstrated that they have sent back the goods, whichever is earlier.
The User is requested to send back the goods and deliver them to the Owner without undue delay and at their own expense, and in any case within 14 days from the day they communicated their withdrawal from this contract. The deadline is met if the User sends back the goods before the 14-day period expires.
Limitations to the Right of Withdrawal
Returned products that are damaged or used in a different and further way than what is strictly necessary to establish their nature, characteristics, and functioning will be refunded after deduction of the decrease in value resulting from the damage or use. A refund is excluded when the decrease in value is total.
The User is requested to include a copy of the delivery document received inside the package.
The right of withdrawal is excluded in any case in relation to:
- Goods made to measure or clearly personalized;
- The supply of goods that risk deteriorating or expiring rapidly;
- The supply of sealed goods that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery.
If one of the aforementioned exceptions applies to the goods purchased by the User, the User will not be able to exercise the right of withdrawal.
Legal Guarantee and Specific Clause for "Corked Wine"
The User purchasing as a consumer is entitled to a conformity guarantee on the products within 24 months from purchase, provided that notice is given within 2 months of discovery.
Since wine is a food product subject to natural and organoleptic alterations independent of the producer's will, in the specific case where one or more bottles present the so-called "cork taint" (corked wine) or evident organoleptic defects, replacement with bottles of the same vintage (if available) or a refund of the price will be granted by the Owner under the following strict conditions:
- The User must report the defect via email to enoteca@castellolaleccia.com no later than 14 days after opening the damaged bottle.
- The contested bottle must be returned to the Owner almost entirely full (containing at least 3/4 of the original product) and resealed with its original cork.
Shipping costs for returning the defective bottle are initially advanced by the User and will be fully refunded by the Owner if our sommeliers or cellar technicians confirm the actual presence of the described organoleptic defect.
Applicability of Withdrawal Clauses
The clauses regarding the exercise of the right of withdrawal, as well as its consequences and exceptions, apply exclusively to the User who qualifies as a consumer, i.e., a User acting for purposes outside of their entrepreneurial, business, or professional activity.
Legislative References
Legislative Decree no. 21/2014 - implementing Directive 2011/83/EU on consumer rights.
Indemnity and Limitation of Liability
Indemnity
The User agrees to indemnify and hold harmless the Owner (as well as any companies controlled by or affiliated with it, its representatives, directors, agents, licensors, partners, and employees) from any obligation or liability, including any legal fees incurred for defense in court, that may arise from damages caused to other Users or third parties in connection with content uploaded online, violation of the law, or breach of these terms of service.
Limitations of Liability
This website and all features accessible through it are made available to Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not mandatory by law. In particular, no warranty of fitness of the services offered for the specific purposes intended by the User is provided.
The use of this website and the features accessible through it is carried out by Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, is liable for contractual and tort damages to Users and third parties exclusively for willful misconduct (dolo) or gross negligence (colpa grave) when these are an immediate and direct consequence of the activity of this website. Therefore, the Owner will not be responsible for:
- Any losses that are not a direct consequence of the breach of the Agreement by the Owner;
- Any loss of commercial opportunities and any other loss, even indirect, possibly suffered by the User (such as, but not limited to, commercial losses, loss of revenue, income, profits, or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
- Damages or losses resulting from interruptions or malfunctions of this website due to events of force majeure or, in any case, unexpected and unpredictable events independent of the will and outside the sphere of control of the Owner, such as, but not limited to, failures or interruptions to telephone or electrical lines, the internet and/or other transmission tools, unavailability of websites, strikes, natural events, viruses and cyberattacks, interruptions in the provision of third-party products, services, or applications; and
- Incorrect or unsuitable use of this website by Users or third parties.
Common Provisions
Service Interruption
To ensure Users have the best possible experience with the Service, the Owner reserves the right to interrupt the Service for system maintenance or updates, informing Users through constant updates on this website.
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit any portion of this website and its Services without the prior written permission of the Owner, granted directly or through a specific resale program.
The Owner may tolerate forms of resale carried out on a personal (one-to-one) and limited basis; any form of mass resale is expressly excluded.
Privacy Policy
For information on the use of personal data, Users must refer to the privacy policy of this website.
Intellectual Property Rights
All trademarks of the Application, figurative or nominative, and all other signs, trade names, service marks, word marks, commercial names, illustrations, images, logos appearing in connection with this website are and remain the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and relevant international treaties.
All trademarks and all other signs, trade names, service marks, word marks, commercial names, illustrations, images, logos relating to third parties and the content published by such third parties on this website are and remain the exclusive property or availability of said third parties and their licensors and are protected by applicable trademark laws and relevant international treaties. The Owner does not own these intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined therein.
Changes to These Terms
The Owner reserves the right to make changes to the Terms at any time, giving notice to the User by publishing them on this website.
The User who continues to use this website after the publication of the changes accepts the new Terms without reservation.
Assignment of the Contract
The Owner reserves the right to transfer, assign, novate, or subcontract all or some of the rights or obligations arising from the Terms, provided that the User's rights provided herein are not prejudiced.
The User may not assign or transfer their rights or obligations under the Terms in any way without the written authorization of the Owner.
Communications
All communications relating to this website must be sent using the contact information indicated in the Agreement.
Severability
Should any clause of the Terms be held invalid, void, or ineffective, the said clause will be removed while the remaining clauses will not be affected and will remain in full force and effect.
Governing Law and Jurisdiction
These Terms and any dispute regarding the execution, interpretation, and validity of this contract are subject to the law, the jurisdiction of the State, and the exclusive competence of the court of the place where the Owner has its registered office.
The Owner is available to answer any questions sent via email to the email address published in this document.