Terms And Conditions Of Sale
Welcome to the website www.cascinabelmonte.it (the “Site”), managed by Cascina Belmonte di Enrico Di Martino, located at Moniga del Bosco, 25080 Muscoline BS, VAT No. 02520920980, Tax Code DMRNRC82M24B157T. The General Terms and Conditions of Sale presented here govern the offering and sale of products on the Site.
PURPOSE
1.1 Sales made through the Site fall within the scope of distance contracts as regulated by the Consumer Code (Legislative Decree 206/2005) and electronic commerce regulations (Legislative Decree 70/2003).
1.2 These General Terms and Conditions of Sale are subject to changes, which will become effective once published on the Site. Users are advised to regularly check the updated Terms and Conditions of Sale before making a purchase. The applicable terms are those in effect at the time the purchase order is submitted.
1.3 These Conditions do not apply to the sale of products or services offered by third parties through links on the Site. Users must check the terms of sale of such third parties before making transactions. Cascina Belmonte disclaims any responsibility for such transactions and does not monitor linked sites.
PURCHASING
2.1 Sales on the Site are intended for adult Italian buyers. Foreign buyers must be legally authorized to purchase according to their national law (at least 21 years old if not specified otherwise).
2.2 Users are responsible for any violations related to point 2.1 of this document and release Cascina Belmonte from liability arising from violations of these rules.
2.3 Cascina Belmonte reserves the right to refuse or cancel orders from users involved in legal disputes, violations of the Terms of Sale or previous contracts, fraud of any kind, providing false or insufficient data, or lack of creditworthiness.
2.4 In case of errors in purchase details or inventory, buyers can request the cancellation of the order or agree on an alternative with Cascina Belmonte.
REGISTRATION
3.1 Registration on the Site is not mandatory for purchases, but it simplifies the process.
3.2 Registration credentials are personal and cannot be shared. Users must maintain confidentiality and immediately inform Cascina Belmonte in case of unauthorized use.
3.3 Users are responsible for the accuracy of the information provided during registration and release Cascina Belmonte from liability arising from violations of these rules.
3.4 To request profile cancellation, contact info@cascinabelmonte.it with the subject ‘account deletion request’.
CONTRACT CONCLUSION INFORMATION
4.1 In compliance with Legislative Decree April 9, 2003, No. 70, governing electronic commerce, Cascina Belmonte provides the user with the following contract conclusion information:
To purchase one or more Products from the Site, the user must complete an electronic order form and send it to Cascina Belmonte via telematic procedure, following the instructions provided on the Site during the purchase steps. The contract is concluded when the order form reaches the server of Cascina Belmonte. After order registration, Cascina Belmonte will send the user an order confirmation via email to the address provided. This confirmation will include detailed information about the purchased Product, price, payment method, delivery charges, and any additional costs. It is advisable to keep this email as proof of purchase. The General Terms of Sale, right of withdrawal, and Cascina Belmonte’s Privacy Policy will be accessible via links in the confirmation email directing to the corresponding Site pages. The order form will be stored in Cascina Belmonte’s database for the time required to process the order and according to legal terms.
PRICES AND OMNIBUS DIRECTIVE (Legislative Decree No. 26 of March 7, 2023)
5.1 The prices of Products are expressed in Euros (€) and include Value Added Tax (“VAT”), unless otherwise specified. Any additional costs will be clearly indicated in the order form before submission.
5.2 Cascina Belmonte reserves the right to change the prices of Products at any time without prior notice. However, the charged price will be the one indicated on the Product Sheet at the time of order submission, and subsequent changes will not be considered.
5.3 Cascina Belmonte follows the Omnibus Directive, ensuring transparency in online promotions and discounts. All price reductions are calculated on the base price, the lowest in the previous 30 days. Promotions last a maximum of three months and are not applied to products already discounted in the previous 30 days.
5.4 Personalized promotions through discount vouchers (coupons) may be offered to individual customers or homogeneous groups, ensuring discounts on all products or specific ranges for extended periods.
5.5 Cascina Belmonte, by ethical choice, does not maintain continuous promotions, and any new promotion will follow the same practice of indicating the base price as a reference for the discount.
PURCHASE ORDERS – PRODUCT INFORMATION
6.1 Cascina Belmonte will proceed with the shipment of the purchased Product only after receiving confirmation of payment authorization of the Total Amount Due. This amount includes the purchase price, delivery charges, and any additional costs indicated in the order form. In case of non-payment or payment confirmation, the purchase contract will be terminated by law pursuant to art. 1456 c.c.
6.2 The Products will remain the property of Cascina Belmonte until full payment of the Total Amount Due. The risk of loss or damage to the Products, due to causes not attributable to Cascina Belmonte, will be transferred to the user upon receipt of the Products by the user or a designated third party.
6.3 Each Product is accompanied by a Product Sheet providing detailed information. The images and descriptions on the Site aim to faithfully reproduce the characteristics of the Products. However, such information may vary, and the description provided in the order form transmitted by the user will prevail for the purposes of the purchase contract.
6.4 It is important to note that all Products contain sulfites, as part of the wine production process. While additional sulfites may be present during production, some wines may be free of added sulfites.
6.5 Purchasing gift vouchers will not affect the payment threshold for obtaining free Product shipping.
6.6 The purchase of alcoholic products is not allowed outside the Italian territory. Users can check for a distributor in their country on cascinabelmonte.it
6.7 Wine tasting bookings can be made through the booking software regiondo.it. Exceptional events may also be booked on cascinabelmonte.it, and an advance payment may be required, as well as a confirmation email to info@cascinabelmonte.it to validate the booking.
PRODUCT AVAILABILITY
7.1 The Products offered on the Site are available in limited quantities. Due to simultaneous purchases, a Product ordered may no longer be available after the order has been submitted.
7.2 In case of unavailability of the ordered Product, the user will be promptly informed via email or phone. The user will have the right to terminate the contract pursuant to art. 61, IV and V paragraph, of the Consumer Code. In this case, Cascina Belmonte will refund the amount within 15 working days from the order submission.
7.3 If a Multiple Order includes Products that have become unavailable, the user will be informed and will have the right to terminate the contract only for the unavailable Products. In this case, Cascina Belmonte will refund the amount within 15 working days. Termination of the entire Multiple Order will only be possible if the unavailable Products are accessory compared to the other available Products.
SHIPPING AND DELIVERY OF PURCHASED PRODUCTS
8.1 During the purchase process on the Site, the amount of delivery charges for each order will be clearly indicated, including VAT, before the user submits the order. In the absence of a specific delivery term, delivery will take place within thirty days from the date of contract conclusion.
8.2 The delivery of the Products occurs through the transfer of material availability or control of the same to the user.
8.3 It is the user’s responsibility to check the condition of the Products upon delivery. The user is advised to check the number of Products received and the integrity of the packaging. Any anomalies must be reported to the courier and indicated on the delivery note, accepting the package with RESERVATION (e.g., damaged package, similar package, non-original packaging bearing the Cascina Belmonte brand).
8.4 Receiving the Products without reservations will not allow the user to take legal action in case of loss or damage, except in cases of fraud or gross negligence by the courier. Any issues must be reported within eight days of receipt.
8.5 In case of incorrect order delivery, the user must contact Cascina Belmonte within 30 days from the order date to enable checks with the courier. The regulations regarding the right of withdrawal and legal warranty of conformity apply.
8.6 Shipments of physical products ordered on cascinabelmonte.it are available in Italy and some European countries, including Austria, Belgium, Denmark, France, Germany, Luxembourg, the Netherlands, Spain, and Switzerland. However, some products may not be available for purchase in certain countries. Any distributors will be listed on cascinabelmonte.it.
8.7 For deliveries in Italy, the estimated time is 1-6 working days with express courier. However, in smaller locations and islands, it may take 4-10 working days. Delays due to order processing issues or after handing over to the courier are not excluded.
8.8 The couriers used are UPS and GLS, reliable for ensuring punctual delivery. Shipments are always insured to protect customers from damage, theft, or loss.
8.9 Orders are shipped in recycled and fully recyclable cardboard packaging, designed to ensure maximum safety of the bottles and reduce environmental impact.
8.10 Shipping costs are free for orders over 60 euros (€). For orders under 60 euros (€), the cost is 10 euros (€). For shipments to the European countries listed above, the fixed cost is 35 euros (€).
8.11 Deliveries take place from Monday to Friday, usually from 9:00 am to 6:00 pm. It is advisable to provide an address where someone is always present to receive the package.
PAYMENT METHODS
9.1 Products can be paid for by credit card, PayPal, bank transfer, and Satispay. The available payment methods are clearly indicated during the purchase process on the Site. The continuous availability of all payment methods is not guaranteed.
9.2 Products can be paid for via PayPal. The user will be redirected to the PayPal site to complete the payment.
9.3 The total amount due will be charged by PayPal to the user at the time of contract conclusion through the Site.
9.4 The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with Cascina Belmonte. The latter is therefore not able to know and does not store in any way the credit card data linked to the transaction between PayPal and the user or the data of any other payment instrument connected with such transaction.
9.5 In the case of payment by bank transfer or Satispay, the goods will be sent only after receiving the payment. It is therefore recommended to make the payment promptly to avoid delays in shipping.
RIGHT OF WITHDRAWAL
10.1 The consumer has the right to withdraw from the contract with Cascina Belmonte within fourteen (14) calendar days without incurring additional costs, starting from:
- The day on which the user or a designated third party acquires physical possession of the Product for single Product orders.
- The day on which the user or a designated third party acquires physical possession of the last Product for Multiple Orders with separate deliveries.
- The day on which the user or a designated third party acquires physical possession of the last batch or piece for orders related to multiple batches or pieces.
10.2 To exercise the right of withdrawal, the user must inform Cascina Belmonte of their decision before the end of the Withdrawal Period.
10.3 The user may send a withdrawal request through the contact page, including an explicit statement of the decision to withdraw from the contract (Withdrawal Declaration).
10.4 To return the Product, the user may use a carrier of their choice with return costs borne by them. The Product must be returned to Cascina Belmonte without undue delay and within 20 days from the withdrawal notification.
10.5 The direct costs of returning the Product are borne by the user. Cascina Belmonte will refund the Total Amount Due within 14 days of receiving the returned Products in the same condition as sold.
10.6 If the user has used a discount code to purchase the Product subject to withdrawal, the refund will be calculated on the amount actually spent by the user, excluding the value of the discount code.
10.7 In the case of partial withdrawal, the refund of delivery costs will be calculated proportionally to the value of the returned goods.
10.8 The user is only liable for any diminished value of the goods resulting from handling other than that necessary to establish the nature of the Product. The Product must be returned intact, complete, and free from signs of wear or tampering.
10.9 If the withdrawal has not been correctly exercised, Cascina Belmonte will reject the request, and the user will be responsible for the return of the Product at their own expense.
10.10 In specific cases, the right of withdrawal may not apply, such as for customized products or sealed items that cannot be returned for hygiene reasons. Exclusions from the right of withdrawal will be clearly communicated during the purchase procedure.
10.11 The cancellation of bookings, depending on the purchase platform, for tastings must be made up to 24 hours before the booked time on cascinabelmonte.it, while for ‘Agricultural Snack’ and ‘Picnic’ tastings, cancellation must be made 48 hours prior. In this case, the refund will be 100% of the ticket purchased. If cancellation occurs after the 24-hour deadline, the refund will be partial, equal to 50% of the ticket purchased. If the user, without notice, does not attend the appointment, no refund will be provided. For more information, contact info@cascinabelmonte.it.
MISCELLANEOUS
11.1 By placing an order on the Site, the user agrees to receive the invoice, if requested, only in electronic format. The invoice can be printed and stored as the original according to the Ministerial Circular 45/E, 19/10/2005. The information provided by the user for issuing the invoice must be truthful, and the user undertakes to indemnify Cascina Belmonte from any damages or penalties arising from untruthful information.
11.2 Cascina Belmonte is not responsible for any damages suffered by the user, third parties, or property belonging to the user or third parties due to delivery delays or resulting from the use of the Product.
LEGAL GUARANTEE OF CONFORMITY
All Products sold on the Site are covered by the Legal Guarantee of Conformity as provided by the Consumer Code. This guarantee applies only to consumers and not to buyers for commercial or professional purposes. Buyers who are not consumers will be covered by the warranties provided by the civil code.
APPLICABLE LAW AND JURISDICTION; OUT-OF-COURT DISPUTE RESOLUTION – ALTERNATIVE DISPUTE RESOLUTION / ONLINE DISPUTE RESOLUTION
13.1 Contracts concluded between Site users and Cascina Belmonte are governed by Italian law. However, consumers residing outside Italy may be subject to more favorable laws of their country of residence.
13.2 Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree September 6, 2005, n.206 (Consumer Code), Cascina Belmonte informs users qualified as consumers under art. 3, paragraph 1, letter a) of the Consumer Code that, if they have lodged a complaint with Cascina Belmonte without a negotiated solution, Cascina Belmonte will provide information on Alternative Dispute Resolution bodies for out-of-court dispute resolution related to obligations arising from a contract concluded under these General Terms of Sale (ADR bodies, as indicated in articles 141-bis and following of the Consumer Code).
13.3 Cascina Belmonte also informs users who qualify as consumers under art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for online consumer dispute resolution (ODR platform) has been established. The ODR platform is accessible at http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user can consult the list of ADR bodies, find the link to each of their websites, and initiate an online dispute resolution procedure.
13.4 The consumer’s right to resort to the competent ordinary judge for disputes arising from these General Terms of Sale is in any case reserved.
13.5 Users residing in an EU member state other than Italy may also access the European small claims procedure for disputes concerning the application, execution, and interpretation of these General Terms of Sale, established by Regulation (EC) No. 861/2007 of the Council of July 11, 2007, provided that the dispute value does not exceed, excluding interest, rights, and expenses, Euro 2,000.00. The regulation text can be found on the website www.eur-lex.europa.eu.
CUSTOMER SERVICE AND COMPLAINTS
Users can contact Cascina Belmonte’s Customer Service to request information, assistance, or submit complaints by phone (+39 3335051606), email (info@cascinabelmonte.it), or by filling out the contact form on the “contacts” page. Complaints will be handled promptly and replied to within five working days.