Terre di Baccio Country House nel Chianti
Via Case Sparse 10
50022 Greve in Chianti FI
Updated: December 27, 2024
1. Preamble and definitions.
1.1. These General Conditions of Sale (hereinafter “General Conditions”) automatically apply to any sale of Products by Terre di Baccio S.r.l. (Terre di Baccio Country House in Chianti – hereinafter “Terre di Baccio”), with tb-signup.phped office in Via Case Sparse 10, 50022, Greve in Chianti (FI), VAT and Italian Tax Code 06978420484, e-mail info@terredibaccio.com, certified e-mail terredibaccio@legalmail.it, subsequent to any purchase made through the website www.terredibaccio.com (hereinafter the ‘Site’). The applicable General Conditions shall be those in the version published on the Site at the time the purchase order (hereinafter the “Order”) is completed by the Customer in the manner set forth in these General Conditions. The offer of Products, as defined below, through the Site constitutes an off-premises contract (“contratto a distanza”) governed by Articles 45 et seq. of Legislative Decree No. 206 of 6 September 2005 (Italian “Consumer Code”), as subsequently amended.
1.2.1. Products: all Products available for sale in the “Shop” section or in other dedicated sections of the Site, with a detailed description of the specific features of the individual Product and periodically updated by Terre di Baccio. All Products are manufactured by Terre di Baccio in compliance with the regulations in effect. Terre di Baccio is released from any responsibility deriving from damages to the Customer or third parties caused by improper use of the Products not caused to Terre di Baccio.
1.2.2. Site: web platform located at the domain www.terredibaccio.com owned by Terre di Baccio. For the correct use of the Site, we invite you to carefully read the legal and privacy notices (https://terredibaccio.com/it/note-legale-privacy/ – “note legali e privacy”), as well as the cookie policy (https://terredibaccio.com/it/cookie-policy/).
1.2.3. Customer: an individual who places an Order and stipulates a purchase contract for one or more Products. The term Customer includes “Consumer Customers”, i.e. individuals acting for purposes other than their business activity. The term Customer does not include “Professional Customers”, i.e. individuals or legal entities acting in the exercise of their trade, business, craft or profession or their intermediaries. By placing an Order, the Customer declares under his/her own responsibility that it is a “Consumer Customer”.
1.2.4. Order: the Customer completes an Order and buys a Product at the time the relevant guided payment is approved in the (shopping) “cart” section of the Site. The Customer, by completing an Order, stipulates an off-premises contract pursuant to Art. 1.1.
1.3. Terre di Baccio invites to carefully read these General Conditions before any purchase on the Site, together with the legal and privacy notices. Terre di Baccio reserves the right to update at any time and without notice these General Conditions, indicating in the letterhead the date of the update and validity of the General Conditions, subject to the provisions of Art. 49, paragraph 5 of the Consumer Code, where applicable. Any amendments made shall be effective as of the date of publication on the Site, as stated in the letterhead of the General Conditions themselves, and, with the exception of the amendments most favourable to the Customer, they shall apply only to Orders sent by the Customer pursuant to Art. 2 of these General Conditions after the date of publication.
1.4. The Customer, by placing an Order through the Site, fully accepts these General Conditions.
1.5. The Customer may contact customer service of Terre di Baccio at any time for customer support, information, communications, inquiries, and complaints through the contact details set forth in Art. 1.1, as well as at the additional contacts available on the contact page of the Site.
2. Purchase process
2.1. The Customer can access the Site by tb-signup.phping a personal account within the “My Account” section, entering the required personal information and generating a password. The login credentials are strictly personal. The Customer will be able to retrieve the credentials through the “forgotten password” feature on the Site. Completion of an Order is not contingent upon registration of a personal account, but registration is suggested for better use of the features of the Site. If the Customer proceeds with the registration of a personal account, the Customer warrants and guarantees that the personal information provided during the registration process on the Site is complete and true. Terre di Baccio is released from any responsibility in case of loss and/or share of credentials by the Customer with third parties. The Customer agrees to hold Terre di Baccio harmless and indemnified from any damage, claim, action even by third parties, indemnification obligation and other form of sanction that may arise from or be in any way related to the violation by the Customer of the registration process to the Site, the inaccuracy of the data provided and/or the incorrect or ineffective handling of personal credentials.
2.2. Within the Site, the Customer may access the “Shop” section (also “The Shop”) and place one or more Products, in the desired quantities, within his/her “cart”, following the technical steps for accessing the Site and making a purchase. Once the selection of Products has been completed, the Customer may proceed to payment from his/her “cart” by employing one of the payment methods available on the Site.
2.3. The publication of the Products within the Site constitutes an invitation addressed to the Customer by Terre di Baccio to formulate a contractual purchase offer. The Order sent by the Customer following the completion of the relevant transaction through the payment methods provided has the value of a contractual offer and implies full knowledge and full acceptance of these General Conditions.
2.4. Terre di Baccio reserves the right, once it has received payment from the Customer, not to accept, at its own discretion, the Order of reference, cancelling it. The Customer shall have no claim or right whatsoever in the event of non-acceptance of an Order. Any acceptance of an Order by the Customer is confirmed by Terre di Baccio by means of a special confirmation message to the e-mail address provided during the purchase process. The purchase contract is considered concluded with the transmission of the confirmation by Terre di Baccio. Terre di Baccio assumes no responsibility if the confirmation is not delivered because the e-mail address provided by the Customer is not correct or working. The confirmation will contain an Order number that must be kept by the Customer and used in any subsequent communication with Terre di Baccio with reference to the specific Order. The confirmation will list any compulsory information that may be required by current regulations, as well as the data entered by the Customer with respect to the Product purchased, which the Customer undertakes to verify. If the Customer identifies errors in the data contained within the confirmation communication, the same undertakes to promptly inform Terre di Baccio at the contact details provided in Art. 1.1. If the Customer has completed the registration and login to his/her personal account through the Site, he/she will be able to view and monitor the status of the Orders within the reserved area after the receipt of the communication.
2.5. When placing the Order, the Customer declares that he/she has carefully read the General Conditions, the legal and privacy notices, the cookie policy, as well as any further indications and information provided on the Site and during the purchase process, accepting them all in full.
3. Prices and availability of Products.
3.1. The prices of the Products are expressly stated on the Site and shipping costs plus VAT are automatically added during payment from the “cart” section. Applicable prices, including accessories, are those indicated on the Site and confirmed or specified at the time the Order is confirmed by Terre di Baccio and are all payable in full by the Customer. The prices indicated when placing the Order will not include any customs duties, costs or taxes other than VAT applicable in the country of delivery of the products, which will instead be applied by Terre di Baccio in the order confirmation or, in the case of customs duties, by the dispatcher/carrier according to the country of destination. Terre di Baccio may change the shipping costs according to the country of destination and shipping service by indicating the new prices in the Order confirmation.
3.2. Terre di Baccio reserves the right to change the prices and shipping costs of the Products at any time, without notice and for any reason. Orders being accepted or already accepted as specified in Art. 2.4. shall be subject to the Product prices and General Conditions in effect at the time the Order is placed by the Customer, except for Orders not accepted for any reason by Terre di Baccio.
3.3. If, before having accepted an Order, Terre di Baccio identifies an error in the indication of the price, whether for the total or a partial amount, it will immediately notify the Customer. Thereafter, the latter shall be entitled to confirm the Order at the correct price or to cancel the Order. If Terre di Baccio is unable to contact the Customer based on the contact information provided during registration and/or when placing the Order, the Order will be considered cancelled. If the Order is cancelled, Terre di Baccio will reimburse the amount through the same payment methods used by the Customer for the purchase or through other methods agreed in writing.
3.3. Whenever a Product is presented exclusively in areas other than those dedicated to purchase or the “add to cart” option is not available, it will be understood to be unavailable for sale. At any time, without notice and for any reason whatsoever Terre di Baccio reserves the right to withdraw a Product from the sales catalogue.
3.4. The graphic and digital representations of the Products shown on the Site, where available, correspond to photographic images of the Products themselves and are for the sole purpose of presenting them for sale through the Site. Terre di Baccio makes no warranty as to the exact correspondence between the image depicted on the Site and the actual Product. The basic features of each Product are always reported in the relevant product sheet and, in case of discrepancy between the sheet and the image on the Site, the former will prevail.
3.5. Terre di Baccio reserves the right to amend, discontinue and/or suspend at any time, in whole or in part at its sole discretion and without expiration the operation of the Site even without prior notice, without this entailing any kind of liability on the part of Terre di Baccio, without prejudice to Orders already confirmed and purchase contracts already entered into.
3.6. Terre di Baccio is in no way responsible for any damage caused to third parties or to the Customer and resulting from improper use of the Site and/or the Products sold therein for causes not due to Terre di Baccio.
4. Payment.
4.1. Payments made by the Customer for the completion of Orders and the stipulation of the related purchase contracts through the Site are completed by credit card, via the networks allowed by Terre di Baccio, as well as through Google Pay. Terre di Baccio reserves the right to update, modify, delete and add payment methods at any time, always ensuring the proper conclusion of payments already in progress, except for technical issues arising from the platform/system of the relevant payment method provider.
4.2. The Customer must choose one of the payment methods available when placing the Order and executing the relevant purchase contract. Once the payment is received and confirmed by Terre di Baccio, the payment method cannot be changed in any way.
4.3. Personal information relating to the payment method selected by the Customer is transmitted via secure connection directly from the Banking Institution or reference provider handling the transaction, which will automatically debit the total amount of the Order in favour of Terre di Baccio.
4.4. If Terre di Baccio does not confirm the Order and proceeds to cancel pursuant to Art. 2.4. of these General Conditions, the refund of any amount already paid will be made by the same method of payment within the next business day, or by any different method of payment requested by the Customer if approved in writing by Terre di Baccio.
4.5. Terre di Baccio is in no way responsible for failure to complete payment due to errors or malfunctions due to the provider of the payment method.
4.6. Following the completion of payments, Terre di Baccio reserves the right to request additional and supplementary information from the Customer at any time for the confirmation of the Order and the conclusion of the purchase contract. Terre di Baccio may request and obtain additional and supplementary documentation or copies of documents proving ownership of the credit card or personal account on another payment platform for the execution of the purchase contract. In the event that the Customer does not comply with the requests of Terre di Baccio within 2 (two) working days, Terre di Baccio may cancel the Order or withdraw from the purchase contract already stipulates, if the missing information and documents do not allow the execution of the latter, giving immediate and justified notice to the Customer through the contact addresses provided by the same. 4.7. Terre di Baccio reserves the right not to apply discounts and “coupons” for any reason, deducting them from the overall total amount, giving due notice to the Customer with a request for further confirmation of the Order, as amended, before proceeding to its final confirmation.
5. Shipping and Delivery of Products.
5.1. The Site highlights Products available for purchase and subsequent shipment. Availability and shipping and delivery times, where indicated, are merely indicative and are not updated in real time. If an Order is placed for the same Product at the same time by two or more Customers separately, the actual availability of the Product will be confirmed only after Terre di Baccio sends the Order confirmation. Terre di Baccio will ship the purchased products in accordance with the actual availability.
5.2. If an Order contains more than one Product with different shipping times, shipping will occur when all Products are ready to be shipped.
5.3. Shipping options are automatically identified by the Site based on the address provided by the Customer when completing the Order.
5.4. Shipping charges are to be borne by the Customer. Shipping charges may vary based on the shipping methods available and possibly selected by the Customer, where a choice is permitted. In addition, charges may vary based on delivery and payment methods, shipping address, and the weight, quantity, and specific characteristics of the Product. The total shipping costs will be added to the total price of each contract and will be clearly indicated to the Customer both in the Order, in the confirmation communication from Terre di Baccio and in the personal area in case of registration and summary of the Order.
5.5. Terre di Baccio will in any case proceed with the shipment of the Products only after properly receiving full and final payment from the Customer according to the Order placed.
5.6. Terre di Baccio ships only to the countries indicated on the Site and reserves the right to reduce or expand the list of destination countries at any time, without prejudice to the Orders already placed and confirmed. Delivery times may vary depending on the shipping service available or selected by the Customer, where a choice is permitted. Delivery times, where reported, are indicative and are in no way binding for Terre di Baccio. The latter is in no way responsible for delays in delivery due to causes not due to it. If, for reasons of force majeure or unavailability of carriers to proceed with the shipment, the same is impossible or excessively expensive for Terre di Baccio, the latter reserves the right to split, postpone or cancel all or part of the shipment or terminate the purchase contract, subject to timely notice to the Customer at the email address provided and with subsequent reimbursement of sums paid pursuant to Art. 4.4., excluding any claim for any reason against Terre di Baccio.
5.7. The Products will be shipped and delivered to the address provided by the Customer, who will take physical possession of them. Shipments, like Orders, will be made only to individuals of legal age according to the regulations of the Customer’s country of residence. The Customer agrees that any individual found to be present at the address provided at the time of shipment will be authorized to receive it. Terre di Baccio is relieved from any responsibility in the event that purchases of Products are made by individuals under the legal age declared during registration and/or purchase.
5.8. The risk of loss of or damage to the Products shipped is transferred to the Customer upon delivery pursuant to Art. 5.7. Upon delivery of the Products by the carrier, the Customer shall verify that the number of Products delivered corresponds to the number indicated in the relevant transportation document, that the packaging is undamaged or not altered, and agrees to immediately report to Terre di Baccio any nonconformity detected upon delivery.
5.9. If it is not possible to proceed with the delivery to the address indicated, subject to the provisions of the contract with the dispatcher/carrier/dispatcher-carrier of reference, the Products will be returned to Terre di Baccio and, upon delivery, the Order will be deemed cancelled. Terre di Baccio will proceed to reimburse the amount paid to the Customer through the same methods of payment used by the Customer, if the latter has made the payment by credit card. In the case of payments via Google Pay, Terre di Baccio will contact the Customer about the refund options. In case of failure to respond within 15 (fifteen) working days, the amount can no longer be reimbursed, except for justified reasons indicated by the Customer and not due to Terre di Baccio.
5.10. In the event that Terre di Baccio has indicated a delivery time and delivery is not possible for reasons due to the Customer, the dispatcher/carrier will make one or more attempts at delivery depending on the country of destination. Any additional costs requested directly by the dispatcher/carrier will be borne by the Customer. Terre di Baccio is in no way responsible for non-delivery and/or re-delivery.
5.11. Customer may cancel the Order by promptly sending written notice to the e-mail or certified e-mail addresses of Terre di Baccio set forth in Art. 1.1. until confirmation of shipment by Terre di Baccio. After the shipment, the Order may no longer be cancelled by the Customer.
6. Right of withdrawal.
6.1. The Customer may exercise the right to withdraw from the purchase contract within 14 (fourteen) days from delivery of the Products pursuant to Art. 5.7. without the need for any reason whatsoever. In order to exercise the right of withdrawal, the Customer must clearly, precisely and unequivocally communicate his/her intention by written communication directed to the e-mail or certified e-mail addresses of Terre di Baccio referred to in Art. 1.1. within the aforementioned term. Terre di Baccio will promptly send confirmation of receipt in response to the notice of withdrawal. The right of withdrawal is permitted for a Product in its entirety and is not permitted for individual components of an individual Product. Withdrawal is not permitted for the exceptions set forth in Art. 6.2 below.
6.2. The right of withdrawal is not allowed for the following types of Products:
– Products made to measure or customized according to specific Customer requests agreed upon with Terre di Baccio;
– Products that, due to their features and quality, are subject to deterioration and rapid expiration, including because of improper handling by the Customer;
– Sealed products, which, due to their features and quality, are not suitable to be returned for hygienic – health reasons and that have been opened after delivery.
6.3. The exercise of the right of withdrawal by the Customer may relate to one or more Products covered by a single Order and purchase contract.
6.4. The Customer is required to ship the Products subject to withdrawal to Terre di Baccio at his/her own care and expense no later than 14 (fourteen) days from the confirmation of receipt of the notice of withdrawal. The Products must be returned in their original packaging, together with any accessories, as well as paper accessories, included in the first delivery. The Customer is responsible for any decrease in the value of the Products resulting from use other than that necessary and sufficient to assess their nature and main qualities.
6.5. Terre di Baccio will proceed to reimburse the amount paid by the Customer in the manner set forth in Art. 4.4., upon delivery of the Products subject to withdrawal at its premises.
6.6. Terre di Baccio reserves the right not to proceed with the reimbursement if a Product subject to withdrawal is deteriorated, damaged or modified in any way and to any extent by the Customer on delivery, except because of use necessary and sufficient to assess its nature and main qualities as indicated in Art. 6.4.
6.7. The Customer is responsible for any delay in delivery or damage to the Products subject to withdrawal due to reasons not caused by Terre di Baccio.
7. Legal warranty of conformity.
7.1. The Products offered to the Customer by Terre di Baccio through the Site are covered by the legal warranty of conformity pursuant to Articles 128 et seq. of the Italian Consumer Code.
7.2. Within 2 (two) years after delivery of the Products, Terre di Baccio shall be liable to the Customer for any lack of conformity of the Products present at the time of delivery.
7.3. The Customer must report any defects in conformity of the Products within 2 (two) months from the discovery of such defects, under penalty of forfeiture of the legal warranty of conformity. If a Product is perishable by nature or subject to specific expiration earlier than 2 (two) months, the Customer shall report any defects of conformity within such shorter period.
7.4. The reports must be made promptly by communication to the e-mail or certified e-mail addresses of Terre di Baccio referred to in Art. 1.1.
7.5. Following the communication by the Customer, Terre di Baccio will send a confirmation of receipt and the Customer shall have the right, at his/her own discretion and depending on the type of Product, to alternatively request free repair of the Product, its replacement, a price reduction to be agreed with Terre di Baccio or termination of the purchase contract. Terre di Baccio will make and arrange shipments with the most economical and reasonably acceptable shipping method available at the time of the request.
7.6. Unless the features of the Product or the characteristics of the conformity defect prevent this, it shall be presumed that any conformity defects manifested within six months of delivery of the Product already existed at the time of delivery, unless proven otherwise. Proof of the date of purchase and date of delivery must be provided by the Customer for the applicability of the legal warranty.
7.7. If the defect involves alcoholic substances (e.g. wine), the Customer must keep the entire container in all its original components, including at least 2/3 (two thirds) of the contents. Terre di Baccio will take care of collecting the Product free of charge also in order to carry out any further inspections.
7.8. The Customer may not exercise the legal warranty if the Product has been repaired, modified or altered in any way by the Customer. The Customer releases Terre di Baccio from any liability arising from damages, malfunctions and defects generated by unforeseeable events or by use and/or storage of the Product by the Customer not in compliance with its features and the indications provided by Terre di Baccio.
8. Intellectual property.
8.1. Terre di Baccio has exclusive ownership of any trademark (tb-signup.phped and untb-signup.phped), original works, tb-signup.phped name and distinctive sign, photograph, image, logo, written and graphic text and more generally of any other intangible asset reproduced in any form on the Site and protected by national legislation and applicable international conventions and in force on copyright, intellectual and industrial property.
8.2. The Customer cannot derive any right from the access to Site and its use on the elements set out in the non-exhaustive, illustrative list in Art. 8.1.
8.3. Any use and/or manipulation, even partial and of any nature, of any element on the Site without prior written authorization of Terre di Baccio is prohibited. The relevant rights are reserved, exclusively, to Terre di Baccio.
9. Applicable Law and Jurisdiction.
9.1. These General Conditions and the purchase contract stipulated between Terre di Baccio and the Customer are governed by Italian law.
9.2. Any dispute with “Consumer” Customers arising from the interpretation, validity and/or execution of these General Conditions and purchase contracts shall be of mandatory territorial jurisdiction of the Court of the place of residence and/or domicile of the “Consumer” Customer, if this is located in the European Union. In all other cases, alternatively also at the choice of the “Consumer” Customer resident/domiciled in the territory of the European Union, the Tribunal of Florence shall have exclusive jurisdiction.
9.3. The Customer is informed that a European online platform (ODR platform) is provided for out-of-court settlement of consumer disputes. The ODR platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/
10. Non-waiver
10.1. Failure by Terre di baccio to solicit or insist on the compliance by the Customer with the terms provided in these General Conditions or any delay by Terre di Baccio in taking steps to enforce its related rights, shall not be considered as a waiver by Terre di Baccio of any such rights or as a tacit amendment of the terms of the General Conditions and shall not prevent Terre di Baccio from enforcing any such rights at a later stage.
11. No assignment.
11.1. The Customer shall not assign any of his/her rights or delegate any of his/her obligations under these General Conditions without the prior written consent of Terre di Baccio. Any alleged assignment or delegation in violation of this provision is ineffective. No assignment or delegation shall relieve the Customer of any obligation and/or liability under these General Conditions.
12. No third-party beneficiary.
12.1. These General Conditions do not confer and are not intended to confer any rights or remedies to any person or entity other than the Customer with respect to the rights and remedies conferred therein.
13. Severability.
13.1. If any provision of these General Conditions is invalid, illegal, illegitimate, void, or inapplicable, such provision shall be deemed excluded from these General Conditions and shall not affect the validity or enforceability of the remaining provisions of these General Conditions.
Pursuant to Art. 1341 of the Italian Civil Code, by completing an Order through the Site the Customer expressly approves in writing the conditions set forth in the following provisions:
– 1.2.1., 2.1., 2.4., 3.3., 3.6., 4.6., 5.6., 5.7., 5.9., 6.2., 6.4., 6.6., 6.7., 7.8., 9.2., 11, 12.