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Definition of the parties and subject matter of the contract

These General conditions of sale (“General conditions”) regulate the purchase of products and services, made remotely, available through the Internet on the maixei.it website (“Site”).

The owner of the Site is Florcoop Sanremo Società Cooperativa Agricola based in Regione Periane 248 – 18018 Taggia IM Italy, VAT IT00677570087, registered in Albo delle Società Cooperative (Register of agricultural Cooperative Societies) number A151613 – Tel. +39 0184 51650 – e-mail: info@maixei.it

Parties to the contract are Florcoop Sanremo Società Cooperativa Agricola and the Customer, whose personal data are indicated in the order form that is an integral part of the purchase contract.

All purchases of products and services made through the Site by the Customer are governed by these General conditions of sale as well as by other instructions and provisions on the Site.

In case of inconsistency between these provisions and what is contained in the General conditions of sale, the latter shall prevail.

Florcoop Sanremo Società Cooperativa Agricola reserves the right to modify these conditions of sale at any time and without notice. Changes will be effective from the time of publication on the website www.maixei.it and will be valid from that time.

The Customer will be qualified, for all legal purposes, as a “Consumer” if it is a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

The Customer will be qualified, for all legal purposes, as a “Professional” if it is a natural person or legal entity acting in the exercise of its entrepreneurial, commercial, craft or professional activity, or an intermediary thereof.

These General conditions of sale apply indiscriminately to all Customers, subject to the provisions for which applicability is explicitly provided for Consumer Customers only.

The contract entered into between Florcoop Sanremo Società Cooperativa Agricola and the Consumer Customer is subject, among other things, to the specific regulations set forth in Section II (“Distance Contracts”), Articles 50 to 61, as well as Sections III (“Common Provisions”), Articles 62 to 63, and IV (“Right of Withdrawal”), Articles 64 to 67, of Italian Legislative Decree N. 206 of September 6, 2005 (“Consumer Code”).

Customer Requirements

Florcoop Sanremo Società Cooperativa Agricola sells and ships products directly and exclusively to consumers of legal age and to those who are authorized to purchase and receive them by the law in force at the place of delivery, with particular regard to the legislation regarding the restrictions of the age of alcohol consumers, where applicable.

Florcoop Sanremo Società Cooperativa Agricola therefore requires its purchasers to declare their age at the time of purchase and reserves the right to request, at the time of shipment, an evidence to show that the costumer has the minimal legal age to buy and consume alcoholics.

Acceptance of the General conditions of sale and commitments of the Customer

The contract entered into between Florcoop Sanremo Società Cooperativa Agricola and the Customer shall be deemed concluded when Florcoop Sanremo Società Cooperativa Agricola sends the telematic confirmation and therefore when Florcoop Sanremo Società Cooperativa Agricola accepts, even partially, the order.

Florcoop Sanremo Società Cooperativa Agricola reserves the right to accept or not, at its own discretion, the order placed by the Customer. The latter may not complain or claim for rights of any kind, for any reason, including compensation, in the event of non-acceptance, even partial, of the order.

The acceptance of the order by Florcoop Sanremo Società Cooperativa Agricola shall be deemed tacit, unless otherwise communicated in any manner to the Customer.

The placing of the order by means of the various modalities envisaged implies that the Customer has read all the information provided during the purchase procedure.

The Customer therefore declares full knowledge of the General conditions of sale and their full acceptance, also noting that Florcoop Sanremo Società Cooperativa Agricola does not consider itself bound by different conditions unless previously agreed in writing.

The Customer acknowledges that certain products on the Site may be packaged and/or customized in his favor and that, therefore, certain rights due to him even as a Consumer, may be limited, according to the provisions of the regulations in force on the subject and in particular on the grounds for exclusion from the right of withdrawal.

It is excluded any right of the Customer to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and property, caused by the non-acceptance, even partial, of an order.

The Customer consumer undertakes to provide correct and truthful data, and once the online sales procedure is concluded, to print and keep these General conditions of sale, the automatic order receipt as well as the specific characteristics of the product or object purchased, in accordance with the provisions of Italian Legislative Decree N. 205/206.

Method of purchase

The Customer may purchase only the goods or products as present in the electronic catalog of the Site and in the quantities indicated therein, detailed and described in the relevant information sheets and at the prices indicated therein. These prices are understood to include VAT only.

The visual representation of the products on the Site, where available, normally corresponds to the photographic image of the products themselves and has the sole purpose of presenting them for sale, without any guarantee or commitment on the part of Florcoop Sanremo Società Cooperativa Agricola regarding the exact correspondence of the image depicted on the Site with the actual product and, in the event of a difference between the image and the written product sheet, the latter shall always prevail.

Before the confirmation of the purchase by the Customer will be summarized all the details of the order.

Upon successful receipt of the order sent by the Customer, upon completion of the transaction, Florcoop Sanremo Società Cooperativa Agricola will send the Customer a confirmation of the order to the e-mail address previously communicated. The order confirmation contains all the data entered by the Customer, who agrees to verify their correctness and promptly communicate any corrections.

The order confirmation will indicate the unit cost of each individual product chosen and the total amount in case of purchase of multiple products. Transportation costs will also be indicated, calculated automatically on the basis of the actual weight and/or volumetric dimensions of the packaging used and displayed at the time of purchase.

Availability of products

Prices and availability of products, as stated on the Site, may be subject to change at any time without notice.

Existing terms and conditions of sale will be applied at the time of the dispatch of the Costumer order, up to orders proceeding acceptance or already accepted by Florcoop Sanremo Società Cooperativa Agricola, except for non accepted orders.

Orders will be processed only when the products are fully available.

If there is not full availability of the ordered products, at the request of the Customer, a part of the order may be dispatched and in this case the Customer himself will have to bear the shipping costs of each delivery until complete fulfillment of the order with deferred deliveries.

The Site highlights the products available for shipment. The Customer acknowledges that, due to the possibility of simultaneous access of multiple users to the Site, effective single product availability could reasonable change even during the same day, although differently indicated.

Florcoop Sanremo Società Cooperativa Agricola does not therefore make any commitment nor can it guarantee the certainty of immediate fulfillment of the delivery of products purchased and indicated as available on the Site and cannot be held responsible for any delays in delivery.

Payments

Payments for products purchased must be made exclusively through the methods listed herein. The Customer is required to choose the method of payment at the time of the conclusion of the purchase. The chosen method can no longer be changed once the contract is finalized with the confirmation by Florcoop Sanremo Società Cooperativa Agricola.

(a) Credit card payments:

Accepted credit cards are VISA, MASTERCARD, AMERICAN EXPRESS, POSTEPAY.

If the Customer chooses to pay by credit card, including the PAYPAL circuit, the buyer’s credit card information will not be known to Florcoop Sanremo Società Cooperativa Agricola as it is directly managed by the external servers of the Bank and PAYPAL (Europe) S.à r.l. & Cie, S.C.A. (“PayPal Europe”) and encrypted with SSL (Secure Sockets Layer) system that guarantees the security of data transmission according to current banking procedures.

(b) Payments by bank transfer in advance:

In case of payment by bank transfer in advance, the order will be processed after the actual receipt of the amount due. The bank transfer must be made by the Customer within 5 working days from the confirmation of the order by Florcoop Sanremo Società Cooperativa Agricola, under penalty of cancellation of the order.

Bank details:

Banca Intesa San Paolo

IT79K0306949092104301224311

SWIFT: BCITITMM

HOLDER: Florcoop Sanremo

The reason for the transfer must include the order number and Customer’s details. A copy of the payment receipt must be sent to info@maixei.it

Details of products delivery – times and risks

Florcoop Sanremo Società Cooperativa Agricola will ship orders within 48 hours (excluding Saturdays, Sundays and holidays) after confirmation of payment of the order. Will then delivery the products to the address specified by the Customer when ordering, by express courier, normally, within 5 working days from the order.

Florcoop Sanremo Società Cooperativa Agricola assumes no responsibility for any delays in the delivery of orders, during holidays and in all cases attributable to the service conditions of the couriers used.

Should the delivery time of the ordered product be delayed with respect to the time indicated on the Site before the order, Florcoop Sanremo Società Cooperativa Agricola undertakes to promptly notify the Customer by e-mail to the specified address.

In any case, the Customer agrees to receive the products even if they are sent within 30 (thirty) days from receipt of order by Florcoop Sanremo Società Cooperativa Agricola, without this being considered a breach of contract.

These delivery times refer to the products present in the stock at the time of the order and no responsibility will be attributable to Florcoop Sanremo Società Cooperativa Agricola for delays in delivery due to unforeseeable circumstances, acts of third parties or force majeure.

Florcoop Sanremo Società Cooperativa Agricola shall not be liable for cases of force majeure, unavailability of means of transportation, unforeseeable or unavoidable events that cause delays and/or make deliveries difficult or impossible or cause a significant increase in delivery costs.

Florcoop Sanremo Società Cooperativa Agricola also does not respond and is not responsible for damages attributable to acts of third parties, force majeure, failure of electronic equipment and/or telecommunications networks, fires, explosions, riots and civil unrest, acts of terrorism, strikes, floods, earthquakes, natural disasters and/or other events that would limit or prevent the delivery of products.

In the above cases, Florcoop Sanremo Società Cooperativa Agricola reserves the right to split, postpone or cancel all or part of the delivery or to terminate the purchase contract. In such cases, Florcoop Sanremo Società Cooperativa Agricola undertakes to send timely and adequate notice determinations to the e-mail address of the Customer, who is entitled in these cases to a refund of any amount already paid, excluding any further claim for any reason whatsoever.

The Customer therefore renounces any claim against Florcoop Sanremo Società Cooperativa Agricola, even by way of mere reimbursement and/or compensation.

All deliveries of products are at the risk of Florcoop Sanremo Società Cooperativa Agricola until they are delivered to the shipper, carrier or other agent appointed for delivery.

Delivery Charges

Delivery charges will vary depending on the destination, the weight of the products ordered and any choices made by the Customer regarding optional services. These charges will therefore be calculated automatically in the order process and summarized on the order confirmation page.

Unless otherwise chosen by the Customer with assumption of any additional costs, product deliveries are intended to be street level.

At the time of entrusting the products to the shipper, the Customer will receive confirmation by e-mail that the shipment has been made and will also be notified of the waybill number or identification code necessary for tracking the delivery, where the service is provided by the shipper.

For the purpose of making the delivery of the ordered products, the presence of the Customer or his/her designee is always required at the place and on the day of scheduled delivery. A telephone number of the recipient is also required in order to allow the courier and our customer service to contact the purchaser if necessary.If the delivery will not be made due to the absence of the addressee, the courier will leave a notice of passage with the necessary indications for the free redelivery of the shipment within the next 3 days, after which, in the absence of communication from the addressee, the shipment will go into storage and can be picked up at the warehouse of the shipper or at another place provided by the same according to the delivery service eventually chosen by the Customer. There is a storage period of 15 days at the end of which, in the absence of communication from the consignee, the shipment will in any case be returned to Florcoop Sanremo Società Cooperativa Agricola which in turn will subsequently refund to the Customer the amount paid in advance to the order, with a charge for the costs of the storage and return to sender, which will be promptly specified to the Customer.

Checking products at the moment of the delivery

Upon delivery of the products by the courier, the Customer is required to verify:

– That the number of packages being delivered corresponds to what is indicated in the transport document;

– That the packages are intact, undamaged and in any case not altered, even in the sealing materials, carefully checking for any signs that indicate the breakage of the goods, such as purely indicative and not exhaustive, the spillage of liquids and/or the presence of moisture on the packaging.Any damage to the packaging and/or products and/or the mismatch in the number of packages and/or indications must be immediately reported by the Customer, who must declare them to the person in charge of the delivery, by writing on the related delivery document: “Withdrawal with reserve”. The Customer also undertakes to notify Florcoop Sanremo Società Cooperativa Agricola within and no later than 8 (eight) days from the date of delivery, by registered letter with return receipt, any problems relating to the physical integrity, correspondence and/or completeness of the products received, under penalty of forfeiture.

Transport documents and invoicing

For each purchase contract finalized through the Site, Florcoop Sanremo Società Cooperativa Agricola will issue an invoice for the products that will be shipped. The invoice will be issued based on the data provided by the Customer at the time of the order. The Customer therefore assumes all responsibility for the correctness of this information. No changes in the invoice will be possible after the invoice has been issued, and it will also not be possible to issue an invoice after the order has been processed to customers who have not indicated their VAT number at the time of the order and who have therefore acted as Consumer Customers.

Product characteristics, preservation and storage

The products sold by Florcoop Sanremo Società Cooperativa Agricola must be stored and kept by the Customer with the necessary care and precautions related to the nature of the products. As a non-exhaustive example, wine bottles must be stored preferably in a horizontal position, in rooms with low lighting and temperatures between 10 °C and 15 °C  in any case not higher than 20 °C  and a good percentage of humidity (65-70%).

The Client therefore acknowledges that negligence and/or inexperience in the storage of the products may damage them and impair their quality, and that each product may be subject to variations in quality and taste due to multiple factors (including, for example and not exhaustively, the vintage and the climatic conditions to which the production vines have been subjected).

Florcoop Sanremo Società Cooperativa Agricola is not responsible for any damage to the sold products resulting from incorrect and/or improper storage of the same, with the express forfeiture of any warranty with respect thereto.

Right of withdrawal

The Consumer Customer has the right to withdraw from the Purchase Contract without penalty and without specifying the reason, within the term of fourteen working days from the day of receipt of the products, subject to compliance with the following procedures.

The right of withdrawal must be exercised by sending, within the above terms, a written notice to the registered office of Florcoop Sanremo Società Cooperativa Agricola (at the address specified in these conditions of sale) by registered letter with acknowledgment of receipt. The notice may also be sent, within the same deadline, by e-mail provided that it is confirmed by registered letter with acknowledgment of receipt within the next forty-eight hours.

In case the delivery of the products has already taken place, the substantial integrity of the goods to be returned is an essential condition for the exercise of the right of withdrawal. The goods must be returned in normal condition and must have been kept with the use of normal diligence.

The goods must be sent to Florcoop Sanremo Società Cooperativa Agricola in the packaging with which it was delivered to the Customer or in packaging that protects its integrity, in view of the fragility of the products offered for sale.

Having verified the integrity of the returned product, Florcoop Sanremo Società Cooperativa Agricola will refund the Customer Consumer the full amount paid for the products referred to in the Purchase Contract subject to withdrawal, no later than 14 (fourteen) days from receipt of the products themselves.

The reimbursement will be made by transfer of any amount charged to the credit card indicated by the Customer Consumer or by bank transfer, in accordance with the correlative instructions and bank details that will be indicated by the same Customer Consumer.

The shipping costs incurred by the Customer, in case of exercise of the right of withdrawal, will not be reimbursed in any way by Florcoop Sanremo Società Cooperativa Agricola, being the same due by the Customer.

If the Consumer Customer does not comply with the conditions and procedures for exercising the right of withdrawal provided, or damages the products in any way, the Purchase Contract shall remain valid and effective and Florcoop Sanremo Società Cooperativa Agricola shall have the right to return to the sender Consumer Customer the products unduly returned, charging him the shipping costs.

Cases of exclusion of the right of withdrawal

The Consumer Customer may not exercise the right of withdrawal if the products are custom-made and/or clearly customized. The Professional Customer may not take advantage, under any circumstances, of any right of withdrawal.

Slight Negligence

Florcoop Sanremo Società Cooperativa Agricola shall not be liable for damages, even to third parties, that may be caused as a result of its own slight negligence.

Limitation of liability
Except in cases of willful misconduct and gross negligence, in no other case shall the sums that may be due from Florcoop Sanremo Società Cooperativa Agricola for any reason or cause whatsoever exceed those paid by the Customer in performance of the Contract.

Protection and processing of personal data

Florcoop Sanremo Società Cooperativa Agricola is committed to the protection of personal data in compliance with and in accordance with current regulations on the subject and the provisions of the information on the processing of personal data (Italian Personal Data Protection Code – Italian Legislative Decree 196/2003 and subsequent amendments).

– Navigation data:

Every user who visits the Site, does so anonymously. The computer systems and software procedures used to operate this Site acquire, during their normal operation, some personal data whose transmission is implicit in the use of Internet communication protocols.

This information is not collected to be associated with identified interested parties, but by its very nature, through processing and association with data held by third parties, it could allow users to be identified. This category of data includes the IP ADDRESSES or the NAMES USED BY PCs INSIDE THE PRORPIOUS DOMAIN IF COMPANIES connect to the Site, the URI (Uniform Resource Identifier) ADDRESSES OF THE WEB PAGES REQUESTED, the TIME OF THE REQUEST, the TYPE OF REQUESTS MADE ALSERVER, the SIZE OF THE FILE obtained in response, the NUMBER CODE OF THE STATUS OF THE RESPONSE given by the server and other PARAMETERS RELATED TO THE BROWSER AND OPERATING SYSTEM. This data is used for the sole purpose of obtaining anonymous statistical information on the use of the Site and to check its correct functioning and are removed after processing.

– Data voluntarily provided by the user:

The user’s personal data is provided by the user himself to the Site only for the “purchase request” and used to correspond with it. The optional, explicit and voluntary sending of electronic mail to the addresses indicated on this Site involves the subsequent acquisition of the sender’s address, necessary to respond to requests, as well as any other personal data included in the message.

– Purposes and Methods of Processing:

The processing of the collected data will be based on the principles of correctness, lawfulness and transparency and the protection of your confidentiality and rights. The data you provide will be processed for the purposes of the activity of the company. The data will be processed both with computer tools and on paper and any other suitable type of support, in compliance with legal regulations.

– Nature of the Conferment and Subjects Involved:

The communication of data is obligatory in order to be able to provide the services and products, and any refusal to provide such data could result in the failure or partial continuation of the relationship.

The data may be communicated to parties external to Florcoop Sanremo Società Cooperativa Agricola, such as collaborators, consultants, representatives, transporters, partners, credit institutions or other parties only if strictly related to the execution of the relationship.

– Rights of the Interested Party:

Pursuant to art. 7 of Italian Legislative Decree 196/2003, every interested party (he or she whose data is processed by us) has the right:

1. to know at any time what personal data we hold about him or her and how it is used;
2. to have their data updated, supplemented, corrected or deleted;
3. to request suspension or oppose their processing.

– Holders and Responsible Parties:

The controller of personal data is Florcoop Sanremo Società Cooperativa Agricola.

The data controller in charge is punctually identified in the DPS (Data Security Planning Document) prepared annually.

As of today, the data controller is Gianfranco Croese – Legal Representative, whom the Client may contact at any time to exercise his or her rights vis-à-vis the data controller, pursuant to Article 15 of the GDPR Privacy – EU Regulation 2016/679, by sending a request to that effect, to the following address:

Florcoop Sanremo Società Cooperativa Agricola
Regione Periane 248, 18018, Taggia, IM, Italy 

VAT IT00677570087

Communications

Any communication or notification to Florcoop Sanremo Società Cooperativa Agricola must be received by registered letter with return receipt, in the cases expressly provided for in these General conditions of sale or on the Site; in other cases, the Customer may contact: Florcoop Sanremo Società Cooperativa Agricola by e-mail or through the addresses indicated in the General conditions of sale.

Intellectual property rights

All trademarks, as well as any work of genius, distinctive sign or name, image, photograph, written or graphic text and more generally any other intangible asset protected by the laws and international conventions on intellectual property and industrial property reproduced on the Site are the exclusive property of Florcoop Sanremo Società Cooperativa Agricola and/or its assignors. The access to the Site and/or the conclusion of the Purchase Contracts do not give to the Customer any right on them. Any use, total and/or partial, of the trademarks and intellectual works is prohibited without the prior written authorization of Florcoop Sanremo Società Cooperativa Agricola, in favor of which are reserved, exclusively and in principle, all related rights.

Jurisdiction and Competent Court

The relationships arising from the Contract are governed by Italian Law.

Any dispute arising in connection with the application, execution, interpretation and breach of the Contract shall be the exclusive jurisdiction of the Court of Imperia.

Without prejudice to the mandatory jurisdiction of other Courts provided for by Law.