General Terms and Conditions of Sale

Art. 1 – Definitions and Scope of Application

1.1. The Seller: CANTINA DI RUVO DI PUGLIA soc. coop. agr., Registered Office Viale Madonna delle Grazie, 4 – 70037 Ruvo di Puglia (BA), VAT No. 00263310724, Tax Code 00592000723, Excise Code IT00BAV00072P.

1.2. Site: The domain www.crifo.it.

1.3. Consumer (B2C): The natural person acting for purposes unrelated to any entrepreneurial, commercial, craft, or professional activity possibly carried out (pursuant to Art. 3, paragraph 1, letter a) of the Consumer Code).

1.4. These General Terms and Conditions of Sale (GTCS) govern the offer and sale of the Seller’s Products on the Site. The scope of application extends to the Italian territory and the member countries of the European Union, in accordance with current legislation. The language of the Contract and the General Conditions is Italian.

The electronic submission of the order by the User implies full knowledge of these General Terms and Conditions of Sale and their complete acceptance. If the User does not agree with one or more terms contained in these General Terms and Conditions of Sale, they are requested to refrain from making purchases on the website www.crifo.it (the “Site”).

The general contract conditions are modified from time to time also in consideration of any regulatory changes and will be effective from the date of publication on the site.

Art. 2 – Object, Acceptance, and Pre-contractual Information (Art. 49 CdC)

2.1. The offer of Products on the Site constitutes an invitation to offer. The electronic submission of the order by the User constitutes a contractual proposal and implies full acceptance of these GTCS.

2.2. Information Obligations: The Seller fulfills the pre-contractual information obligations provided for by Art. 49 of the Consumer Code. This information, relating to the essential characteristics of the goods, the total price (including VAT for B2C), payment methods, shipping costs, and the existence of the right of withdrawal, is provided before the Consumer is bound by any distance contract.

2.3. Product Representation: The User acknowledges that the images and technical sheets of the Products on the Site are for illustrative purposes only and may sometimes not accurately represent the delivered product, especially concerning the vintage or label, and do not guarantee product quality. Some photos also show possible gift packages, boxes, which may not be delivered unless explicitly requested. Some photos show vintages that may not necessarily be accurate; the vintage is always and only as stated on the product sheet.

All products on the site are actually available at the seller’s warehouses, however, the actual availability of a product is indicative, as multiple users may purchase it simultaneously.

If a User orders a product that is not available, the Seller will immediately notify the User and refund them.

2.4 User Obligations: the data entered during the purchase must be exclusively the User’s real personal data and not those of third parties, or fictitious. The Seller reserves the right to legally pursue any violation and abuse, in the interest and protection of all consumers.

The User indemnifies the Seller from any liability arising from the issuance of incorrect tax documents due to errors related to the data provided by the User, who is solely responsible for their correct entry.

Art. 3 – Conclusion of the Contract and Prohibition of Sale to Minors (Critical Clause)

3.1. To proceed with the purchase of one or more products on the Site, the User must provide the Seller with shipping and billing data, in compliance with personal data protection provisions, all the necessary data to enable the latter to execute the orders placed. The Seller is the Data Controller pursuant to EU Regulation 2016/679.

The electronic submission of the order creates an obligation for the User to pay the total price indicated therein.

When the User places an order, they will receive an email from the Seller containing the order receipt confirmation and a summary of the same: however, this email will not constitute automatic acceptance of the order itself.

3.2. The Seller reserves the right to refuse the order, in which case a full refund of the amount paid by the User will be made.

3.3. Declaration of Legal Age: The sale of alcohol is prohibited to minors under 18 years (Art. 14-ter Law 125/2001 and Legislative Decree 504/1995). The User, during registration and at the time of order confirmation, declares and guarantees, under their own responsibility, to be of legal age.

3.4. Verification upon Delivery: The Seller reserves the right to implement age verification methods (as required by European and National Guidelines). In any case, the courier in charge of delivery is authorized by the Seller to request a valid identity document from the recipient to verify legal age. If age verification is not possible, or the recipient is found to be a minor, the delivery will be immediately canceled. Shipping and storage or return costs will be charged to the User.

Art. 4 – Prices, Promotions, and Transparency (Omnibus Directive)

4.1. B2C Prices: All Product prices displayed on the Site for Consumer Users are expressed in Euros, and may be subject to change without notice and are understood to include VAT and Excise Duties.

4.2. Promotion Transparency: In accordance with Legislative Decree 26/2023 (Implementation of the Omnibus Directive), whenever a price reduction is applied, the Seller undertakes to clearly indicate the reduced price and the previous price. The “previous price” means the lowest price applied by the Seller for that Product in the 30 days preceding the application of the reduction. This rule applies to all promotional campaigns (e.g., quantity discounts, free shipping for threshold).

For any orders from abroad, it is specified that prices do not include any taxes, duties, and charges of the destination country, and where present, the User undertakes to verify their amount in advance with the local customs authorities and possibly bear them directly.

Product prices may be subject to updates, and therefore the User is required to verify the final sale price before placing the related order. The obvious material error reported in the price on the Site compared to the commonly known price of the chosen product, gives the Seller the right not to confirm the shipment and proceed with an immediate refund of the purchase value paid by the User without the latter being able to raise any objections in this regard.

Art. 5 – Payments and Security

5.1. Methods: Payments can be made via Credit Card (Visa, Mastercard, American Express, etc.) and PayPal.

The User is solely responsible for the data entered, therefore they guarantee to use only credit cards of which they have legitimate availability.

Payment can also be made by bank transfer in advance to the seller on the bank details – IBAN that will be communicated at the time of order completion.

5.2. Transaction Security: All payment information is encrypted and managed by secure platforms (e.g., Nexi), ensuring the highest level of security.

5.3 The Seller is not responsible for any fraudulent and illegal use that may be made by third parties, of credit cards, checks, and other means of payment, at the time of payment for the purchased products.

Art. 6 – Shipping, Logistics, and Transport (B2C)

6.1. Costs and Free Shipping Threshold: Shipping costs vary depending on the total weight of the goods, and will be disclosed at the time of order summary. Shipping is free for all orders whose total amount exceeds the threshold of €100.00. Costs may vary for shipments outside Italy.

6.2. Delivery Times: The Seller undertakes to entrust the order to the courier within 24/48 working hours if the products are in “immediate shipping”. Delivery generally takes place within 3-5 working days from the order fulfillment date (except for delays due to force majeure or difficult destinations). The Seller is still required to deliver the goods within 30 days from the conclusion of the contract (Art. 61 CdC). The Seller assumes no responsibility for disruptions attributable to chance and/or force majeure, or otherwise not attributable to the Seller, such as, by way of example, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, and other similar events that prevented, in whole or in part, the execution of the contract within the agreed times.

The Seller will not be liable to any party or third parties for damages, losses, and costs incurred as a result of the non-performance of the contract for the reasons mentioned above, with the User being entitled only to the return of the price paid.

6.3. Tracking and Address Change: The User can track the status and route of the package by accessing the personal section of the Site. It is not possible to change the shipping address once the order has been placed. However, if the order has not yet been sent, it is possible to request a change through customer service.

6.4. The User is required to verify, upon receipt, the conformity of the product delivered to them with the order placed; only after such verification, and obviously subject to the right of withdrawal provided for in the following point 7, the User must sign the delivery documents of the goods. By completing the purchase order and the related further communications, the User authorizes the Seller to communicate data such as name, surname, residence and/or domicile, and telephone number to trusted couriers and/or shippers used for the delivery of the purchased goods in order to allow the necessary procedures for their delivery. Couriers and shippers are to be considered Data Processors pursuant to Art. 28 of EU Regulation 2016/679.

6.5. Damage and Risk: The risk of loss or damage to the goods is transferred to the Consumer only when the latter (or a third party designated by them and different from the carrier) takes physical possession of the goods.

Art. 7 – Right of Withdrawal (B2C)

7.1. Term and Methods: The Consumer User has the right to withdraw from the purchase contract, without having to provide any reason and without penalty, within 14 working days from the day of receipt of the Product.

7.2. Exercise of Withdrawal: Withdrawal must be exercised through an explicit declaration (e.g., sending an email, PEC, or registered letter) communicating the decision to withdraw. It is recommended to use the standard Withdrawal Form, in accordance with Annex I, part B of the Consumer Code. The communication must indicate the Product and the order number. You can send request to shop@crifo.it, or via letters to CANTINA DI RUVO DI PUGLIA SOC. COOP. AGR., Viale Madonna delle Grazie, 4 – 70037 Ruvo di Puglia (BA), or by certified email to commerciale@pec.cantinadiruvodipuglia.it. In the withdrawal notice, the Consumer User, in addition to expressing the intention to exercise the right of withdrawal, will indicate the Order that gave rise to the Sales Contract from which they intend to withdraw.

The right of withdrawal is reserved only for the final consumer understood as a natural person, excluding purchases made by subjects who purchase for resale to third parties.

7.3. Return of the Goods: Following the exercise of the right of withdrawal, the User must return the Product to the seller within 14 days from the date on which they communicated their decision to withdraw, to the following address: CANTINA DI RUVO DI PUGLIA SOC. COOP. AGR., Viale Madonna delle Grazie, 4 – 70037 Ruvo di Puglia (BA).

7.4. Return Costs: the direct shipping costs for returning the products are borne by the User in compliance with art.57 paragraph 1 of the CdC. The User must visibly apply the document received from the Seller following the withdrawal communication mentioned above, on the packaging, which already indicates the shipping address and the order details necessary to identify the return at destination. It is advisable for the User to insert a copy of this document inside the packaging as well, in order to avoid its loss or the inability to identify the return once it arrives at the warehouse.

7.5. Condition of the Goods: The goods must be returned intact, complete with all their parts, in the original packaging, and must be perfectly suitable for the use for which they are intended (without signs of wear or dirt). The User is responsible for the decrease in value of the goods resulting from handling other than that strictly necessary to establish the nature, characteristics, and functioning of the goods.

7.6. Exceptions to the Right of Withdrawal (Art. 59 CdC): the exercise of the right of withdrawal is excluded in the cases provided for by art.59 Legislative Decree no.206/2005 and subsequent amendments. By way of example and not exhaustively, the following cases are indicated in which the right of withdrawal is excluded: 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; the supply of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after thirty days and the actual value of which depends on market fluctuations that cannot be controlled by the professional. The Seller reserves the right to evaluate the goods shipped in order to exclude the presence of alterations, damage, tampering, and in any case any problem that may have compromised the integrity of the goods.

Art. 8 – Refunds and Damaged Goods

8.1. Refund Procedure (Withdrawal): Any refund of the amounts due following the exercise of withdrawal will take place as soon as possible and in any case no later than 14 days from the date on which the Seller became aware of the regularity of the withdrawal.

8.2. Retention: The Seller reserves the right to withhold the refund until they have received the goods. The right of withdrawal completely lapses, due to the lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where the Seller ascertains: partial use of the goods and any accessory materials; the absence of the external packaging and/or the original internal packaging; the absence of integral elements of the product (any accessories integrated into the product); damage to the product for reasons other than its transport.

In the cases indicated above, the Seller will return the purchased goods to the consumer, charging them the costs of further shipping.

8.3. Refund Method: The refund will be made using the same payment method used by the User for the initial transaction, where this is not possible it will be refunded by bank transfer.

8.4. Damaged/Defective Goods: In case of arrival of damaged goods (e.g., broken bottles) or non-compliant, the User must immediately contact Customer Service (within 48 hours of delivery) by sending photographic documentation of the damage and the reservation made to the courier (if possible). In such cases, the Seller will proceed with replacement or refund after verification.

Art. 9 – Legal Guarantee of Conformity (B2C)

9.1. Duration and Object: The Seller is liable to the Consumer for any lack of conformity existing at the time of delivery of the goods and which manifests itself within twenty-six months from delivery.

9.2. Remedies: In case of lack of conformity, the Consumer has the right, at no cost, to restore the conformity of the goods by repair or replacement. Only if such remedies are impossible or excessively burdensome, or if the Seller has not provided within a reasonable time, the Consumer may request an appropriate price reduction or termination of the contract.

Art. 10 – Specific Provisions for B2B Sales (Professional)

10.1. Exclusion of CdC: The provisions of the Consumer Code (Right of Withdrawal, 26-month Guarantee) do not apply to Professional Users.

10.2 Intra-Community Tax Regime: For wine purchases by Professionals residing in EEC countries, the listed prices are considered VAT excluded (net prices). The Professional is required to provide proof of their valid VAT number in the VIES. The Professional assumes full responsibility for the payment of VAT and Excise duties in the destination country, handling the necessary customs procedures and declaring the status of an authorized operator.

Art. 11 – Applicable Law and Jurisdiction

11.1. Applicable Law: These GTC are governed by Italian law, fully adhering to the European regulatory framework.

11.2. Jurisdiction B2B: For any disputes related to contracts concluded with Professionals (B2B), the exclusive jurisdiction will be that of the seller’s registered office, namely the Court of Trani.