General Conditions
Free shipping in Italy for orders over € 99.00
Free shipping in Europe for orders over € 200.00
Are you from the Province of Sondrio? Free shipping managed directly by us (without courier) for all orders with delivery in the province of Sondrio. We will contact you to arrange the delivery day.
Shipping managed by TNT express courier with the possibility of tracking the package. Delivery is guaranteed in 3 working days (except for strikes or unforeseen events related to the ongoing health emergency).
GENERAL CONDITIONS OF ONLINE SALE ENOTECA MARINO
GENERAL PROVISIONS
These Conditions, together with the attached Conditions of Use, Cookie Policy and Privacy Policy and Security, are valid exclusively between the sole proprietorship ENOTECA MARINO DI DEL CURTO MARINO (CF DLCMRN51P01G718M – VAT number: 000052950144 – REA SO-26617), with registered office in 23022 Chiavenna (So), Via Dolzino, 64 ( SELLER ), and any person (consumer natural person over 18 years of age or, if a minor, authorised by a parent or legal guardian) who makes purchases for purposes unrelated to his or her commercial, entrepreneurial or professional activity ( CUSTOMER ), on the website www.enomar.it .
These conditions may be subject to change and the date of publication of the same on the website is equivalent to the date of entry into force.
These conditions govern purchases made on the website www.enomar.it , in accordance with the provisions of Legislative Decree 206/2005 (Consumer Code) and Legislative Decree 70/2003 regarding electronic commerce.
PROTECTION OF MINORS
Enoteca Marino does not sell wine or other alcoholic products to minors under 18 years of age.
ARTICLE 1 – OBJECT OF THE CONTRACT
With these general conditions of sale, ENOTECA MARINO DI DEL CURTO MARINO sells and the CUSTOMER purchases remotely tangible movable goods, indicated and offered for sale on the website www.enomar.it .
The contract is concluded exclusively through the Internet, by the CUSTOMER accessing the address www.enomar.it and the creation of a purchase order according to the procedure provided by the site itself.
The CUSTOMER undertakes to read, before confirming his/her order, these general conditions of sale, in particular the pre-contractual information provided by ENOTECA MARINO DI DEL CURTO MARINO and to accept them by placing a flag in the indicated box.
In the order confirmation email, the paying CUSTOMER will also receive the link to download and archive a copy of these general conditions of sale.
ARTICLE 2 – PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER CUSTOMER
The CUSTOMER, before concluding the purchase contract, examines the characteristics of the goods which are illustrated in the individual product sheets at the time of selection.
Before validating the order, the CUSTOMER is informed of:
– total price of the goods including taxes, with details of shipping costs and any other costs;
– payment method;
– deadline by which ENOTECA MARINO DI DEL CURTO MARINO undertakes to deliver the goods;
– conditions, terms and procedures for exercising the right of withdrawal;
– information that the CUSTOMER, in the event of withdrawal, will have to bear the cost of returning the goods;
– existence of the legal guarantee of conformity for the goods purchased;
– after-sales assistance conditions and commercial guarantees where provided by ENOTECA MARINO DI DEL CURTO MARINO;
The CUSTOMER may, at any time and in any case before the conclusion of the contract, take note of the information relating to ENOTECA MARINO DI DEL CURTO MARINO: geographical address, telephone number and email address, information which is also reported below:
MARINO WINE SHOP BY DEL CURTO MARINO
Via Dolzino n. 64
23022 Chiavenna (So)
tel: 0343/32720 – info@enomar.it – marinodelcurto@legalmail.it
ARTICLE 3 – CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The sales contract is considered concluded with the sending by ENOTECA MARINO DI DEL CURTO MARINO to the CUSTOMER of an order confirmation email.
The email will contain the CUSTOMER's data and order number, the price of the goods purchased, the shipping costs, the delivery address to which the goods will be sent and the link to print and archive a copy of these conditions.
The CUSTOMER undertakes to verify the accuracy of the personal data contained in the above email and to promptly communicate to ENOTECA MARINO DI DEL CURTO MARINO any corrections/modifications to be made.
ENOTECA MARINO DI DEL CURTO MARINO undertakes to describe and present the items sold on the site in the best possible way.
However, some errors, inaccuracies or small differences may arise between the product depicted on the site and the actual product.
Also the photographs of the products presented on www.enomar.it do not constitute a contractual element, as they are to be considered only representative.
ENOTECA MARINO DI DEL CURTO MARINO undertakes to deliver the goods within 30 days from the sending of the order confirmation email to the customer.
ARTICLE 4 – PRODUCT AVAILABILITY
Product availability refers to actual availability at the time the CUSTOMER places the order.
However, this availability must be considered purely indicative as:
– the products could be sold to other CUSTOMERS before the order is confirmed, due to the simultaneous presence of multiple users on the site;
– a computer anomaly could occur that makes a product available for purchase that in reality is not.
Even after the order confirmation email sent by ENOTECA MARINO DI DEL CURTO MARINO, there may be cases of partial or total unavailability of the goods.
In this case, the order will be automatically corrected by eliminating the unavailable product or products and the CUSTOMER will be immediately informed by e-mail; by means of said e-mail, the CUSTOMER will also be informed of the methods and timing of reimbursement of any sums paid.
ARTICLE 5 – PAYMENT METHODS
All payments by the CUSTOMER may only be made using the credit cards indicated on the website www.enomar.it or by bank transfer (IBAN: IT63S0569652110000045928X26).
In case of payment by credit card, the actual charge of the order amount will only take place when the order is complete and ready for shipment.
Communications relating to the payment and the data communicated by the CUSTOMER when this is carried out take place on special protected lines.
Payments
Each payment by the Customer may only be made using one of the following methods: credit card, prepaid credit card, bank transfer.
Shipping cost for Italy: for purchases under €99 = €15.00
Shipping cost for Europe: for purchases under €200 = €25.00
Bank transfer details
Banca Popolare di Sondrio – Chiavenna branch (SO)
IBAN IT63S0569652110000045928X26
Of the Curto Marino
Any refund to the Customer will be credited using one of the methods proposed by the Seller and chosen by the Customer .
ARTICLE 6 – PRICES
All sales prices of the products indicated on www.enomar.it are expressed in Euro and include VAT and, where applicable, any other tax.
Shipping costs are not included in the purchase price, but are indicated and calculated at the end of the purchase process, before payment is made.
The CUSTOMER accepts the right of ENOTECA MARINO DI DEL CURTO MARINO to modify prices at any time; however, the goods will be invoiced on the basis of the prices indicated on the site at the time of creation of the order and indicated in the confirmation email sent by ENOTECA MARINO DI DEL CURTO MARINO to the CUSTOMER.
In the event of an IT, manual, technical or any other error that may result in a substantial change, not foreseen by ENOTECA MARINO DI DEL CURTO MARINO, in the retail price, making it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled, and the amount paid by the CUSTOMER will be refunded within the 14th day starting from the day of cancellation.
ARTICLE 7 – RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase, without any penalty and without specifying the reason, within 14 days from the date of receipt of the products, pursuant to art. 52 of the Consumer Code.
The CUSTOMER who intends to exercise the right of withdrawal must communicate this to ENOTECA MARINO DI DEL CURTO MARINO, via an explicit declaration, which may be sent by registered mail or via e-mail or certified e-mail to the addresses info@enomar.it and marinodelcurto@legalmail.it .
In case of exercising the right of withdrawal, the CUSTOMER is required to return the goods within 14 days from the day in which he communicated to ENOTECA MARINO DI DEL CURTO MARINO his intention to withdraw from the contract, pursuant to art. 57 of the Consumer Code.
The goods must be returned, at the CUSTOMER's expense, to ENOTECA MARINO DI DEL CURTO MARINO, at the registered office located in 23019 Traona (So), Via Valeriana n. 10.
Under no circumstances will parcels be collected against cash on delivery or postage due.
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment), and complete with the attached tax documentation.
Without prejudice to the possibility of verifying compliance with the above, ENOTECA MARINO DI DEL CURTO MARINO will refund the amount of the products returned within a maximum of 14 days from the day on which it is informed of the CUSTOMER's decision to withdraw from the contract pursuant to art. 54 of the Consumer Code.
Unless you have offered to collect the goods personally, ENOTECA MARINO DI DEL CURTO MARINO may withhold the refund until it has received the goods back or until the CUSTOMER has demonstrated that they have been sent back, whichever is the earliest.
ENOTECA MARINO DI DEL CURTO MARINO will refund using the payment method indicated by the CUSTOMER in the withdrawal notice.
ARTICLE 8 – LEGAL GUARANTEE OF CONFORMITY
In the event of receiving defective products, or in any case products that do not conform to the orders placed, the CUSTOMER has the right to restore the conformity of the product without charge by repairing or replacing it.
The CUSTOMER can exercise this right if the defect occurs within two years of delivery of the goods and reports the defect to NEW PHARM SRL, by registered mail or by e-mail or certified e-mail to the addresses info@enomar.it and marinodelcurto@legalmail.it , within two months of discovery.
In this case ENOTECA MARINO DI DEL CURTO MARINO, after verifying the reported fact, will, at its own expense, organize the collection of the product, compatibly with the CUSTOMER's availability.
ARTICLE 9 – COMMERCIAL WARRANTY
All products presented on the website www.enomar.it benefit, in addition to the legal guarantee of conformity referred to in the previous article, also from a commercial guarantee, that the product reflects the characteristics present when it left the manufacturer.
To benefit from warranty assistance, the CUSTOMER must keep the invoice or purchase receipt valid for legal purposes.
ARTICLE 10 – DELIVERY METHODS
ENOTECA MARINO DI DEL CURTO MARINO will only accept orders for delivery within Italy, the Republic of San Marino and the Vatican City, excluding duty free areas.
The products will be delivered by express courier (mainly TNT; GLS) to the address indicated by the CUSTOMER at the time of the order, within and no later than 30 days from the date of receipt, by the CUSTOMER, of the order confirmation email sent by ENOTECA MARINO DI DEL CURTO MARINO; deliveries will not be made to PO boxes.
Wherever possible, however, ENOTECA MARINO DI DEL CURTO MARINO will ship purchases completed before 10 am the following day; the others the following day.
Furthermore, in order to ensure that orders are processed as quickly as possible, ENOTECA MARINO DI DEL CURTO MARINO may proceed with fractional shipments of a single order.
Upon delivery of the products, the CUSTOMER is required to check that the number of packages corresponds to that indicated in the delivery note and that the packaging is intact, dry and in no way altered.
Should the CUSTOMER notice any of the aforementioned anomalies, he/she will be required to promptly communicate this to ENOTECA MARINO DI DEL CURTO MARINO by registered mail to its registered office, or by e-mail or certified e-mail to the addresses info@enomar.it and marinodelcurto@legalmail.it , which, once the package has been received intact, will arrange for a new shipment.
For each order placed on the website www.enomar.it , ENOTECA MARINO DI DEL CURTO MARINO will issue an invoice for the goods shipped.
Once the payment has been received, the invoice may also be sent to the CUSTOMER upon request if it is not travelling with the goods. In any case, if an invoice is required, this must be communicated at the time of purchase. Otherwise, the goods may also travel with the receipt.
The invoice will contain the information provided by the CUSTOMER during the purchase procedure.
Once the invoice has been issued, it will not be possible to make any changes to the data indicated in the invoice.
ARTICLE 11 – RESPONSIBILITY
ENOTECA MARINO DI DEL CURTO MARINO assumes no responsibility for disruptions attributable to causes of force majeure or unforeseeable circumstances, even if dependent on malfunctions and disruptions of the internet network, in the event that it is unable to execute the order within the timeframes set out in the contract.
ARTICLE 12 – ACCESS TO THE SITE
The CUSTOMER has the right to access the website www.enomar.it for consultation and to make purchases.
No other use, particularly commercial, of the site or its content is permitted.
ARTICLE 13 – COOKIES
The website www.enomar.it uses “cookies”, i.e. electronic files that record information relating to the CUSTOMER's navigation on the site (pages consulted, date and time of consultation, etc.) and that allow ENOTECA MARINO DI DEL CURTO MARINO to offer a personalized service to its customers.
ENOTECA MARINO DI DEL CURTO MARINO informs the CUSTOMER of the possibility of deactivating the creation of such files by accessing their internet configuration menu.
For more information, see the cookie policy.
ARTICLE 14 – INTEGRALITY
These General Conditions of Sale, together with the attached Conditions of Use, Cookie Policy and Privacy Policy and Security, are constituted by all the clauses that compose them.
If one or more provisions of these General Conditions of Sale are held to be invalid or declared as such pursuant to the law, regulation or following a decision by a Court having jurisdiction, the other provisions shall continue to have full force and effect.
ARTICLE 15 – APPLICABLE LAW AND JURISDICTION
These General Conditions of Sale are subject to Italian law.
Any dispute that cannot be resolved amicably will be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located in the territory of the Italian State.
Terms of sale updated on 10/15/2019.
TERMS OF USE
1 – PREMISE
These Terms of Use are stipulated between the USER of the site www.enomar.it and MARINO WINE SHOP BY DEL CURTO MARINO (CF DLCMRN51P01G718M – VAT number: 000052950144 – REA SO-26617), with registered office in 23022 Chiavenna (So), Via Dolzino n.64.
The website “enomar.it” is accessible from the URL http://www.enomar.it and allows USERS to benefit from the functions described in the following article 2.
The use of the site is permitted only for private purposes; the use of the site for commercial reasons or in any case in the context of an activity with commercial purposes is prohibited.
For the purposes of this document, the term "use" includes all operations carried out by the USER from the moment of accessing the site, including simple consultation, regardless of the access device (PC, tablet or smartphone), the type of connection (private, third-party, public or wi-fi) and the location of the connection.
Use of the site implies unreserved acceptance of these Conditions of Use by the USER.
These conditions may be subject to changes by ENOTECA MARINO DI DEL CURTO MARINO.
It is understood that the applicable conditions are those in force on the site at the time of use.
2 – SITE FUNCTIONALITY
The site allows the USER to:
– learn about the items and services offered by ENOTECA MARINO DI DEL CURTO MARINO;
– make purchases according to the methods set out in the General Conditions of Sale of the site;
The list of features is provided for informational purposes only and is not exhaustive.
ENOTECA MARINO DI DEL CURTO MARINO reserves the right to add or remove features, temporarily or permanently, without the USER's consent.
3 – TERMS OF USE OF THE SITE
The site is reserved for adults identifiable as private individuals, as well as minors under the age of eighteen authorized by a parent or legal guardian.
In any case, ENOTECA MARINO DI DEL CURTO MARINO invites anyone responsible for a minor under the age of eighteen to monitor the minor's use of the site.
Access to certain services offered by the site may be subject to the creation of an account for which the USER may be asked to provide information that allows identification.
The USER undertakes to transmit accurate and complete data regarding his/her identity and refrains from usurping the identity of others.
In the event that this commitment is not respected, ENOTECA MARINO DI DEL CURTO MARINO reserves the right to not confirm, suspend or delete the account.
4 – CONDUCT ON THE SITE
The USER specifically refrains from:
– from committing unlawful acts;
– from extracting or collecting personal data of the users of the site by any means;
– from extracting, recording or exploiting, for purposes other than the exclusive viewing while browsing the site, data or content of others;
– from storing, disseminating or publishing any content that is illegal, prejudicial, injurious, discriminatory, inciting hatred, contrary to good morals, or which is harmful to privacy or the rights of others, in particular rights relating to image, intellectual property or respect for privacy;
– from carrying out, directly or indirectly, propaganda of any kind or nature;
– from using the identity of third parties and/or from publishing any personal information of others;
– from storing, disseminating or publishing any content that may directly or indirectly harm the rights of ENOTECA MARINO DI DEL CURTO MARINO.
In general, the USER undertakes to refrain from any behavior contrary to the values of ENOTECA MARINO DI DEL CURTO MARINO .
5 – INTELLECTUAL PROPERTY
The integrity of the elements of the site and the related technology remain the property of ENOTECA MARINO DI DEL CURTO MARINO.
Some photos on the home page were taken and are property of "Vigneti La Perla di Marco Triacca, photo by ©️ Ivan Previsdomini".
6- RESPONSIBILITY
The consultation and use of the site occurs under the sole responsibility of the USER.
ENOTECA MARINO DI DEL CURTO MARINO cannot be held responsible for damages resulting from access, use of the site and the information contained therein.
The USER is informed of the possibility that ENOTECA MARINO DI DEL CURTO MARINO may temporarily interrupt access to the site for technical reasons related to maintenance and waives from now on any claim for compensation.
ENOTECA MARINO DI DEL CURTO MARINO will not be held responsible under any circumstances for:
– any information consulted on the site that is not published by ENOTECA MARINO DI DEL CURTO MARINO;
– any network malfunctions that prevent the site from functioning correctly;
– any data loss;
– any software malfunctions;
– any consequences arising from computer viruses, bugs, anomalies or malfunctions;
– any damage caused to the USER's PC/tablet/smartphone.
As a Host, pursuant to articles 16 and 17 of Legislative Decree 70/2003, ENOTECA MARINO DI DEL CURTO MARINO cannot be held responsible by virtue of the activities or contents stored on the site.
The liability of ENOTECA MARINO DI DEL CURTO MARINO is limited to that provided for by art. 17, c. 2, of Legislative Decree 70/2003, according to which it will be required to:
– to inform the judicial or administrative authority if it becomes aware of illicit activities or information;
– to provide, at the request of the competent authorities, the information in its possession that allows the identification of the recipient of its services, in order to identify or prevent illegal activities.
ENOTECA MARINO DI DEL CURTO MARINO is civilly responsible for the contents of such services only in the event that, at the request of the judicial or administrative authority, it does not act to prevent access or if, after having become aware of the unlawfulness of a content, it has not taken steps to inform the competent authority.
ENOTECA MARINO DI DEL CURTO MARINO has the obligation and right to eliminate any illicit or manifestly illicit content without prior communication or warning to the USER, in accordance with the provisions of art. 17 of the aforementioned legislation.
Consequently, ENOTECA MARINO DI DEL CURTO MARINO is not required to exercise a priori control over the quality, safety, truthfulness and lawfulness of the content deposited by USERS.
By using the site, the USER agrees to relieve ENOTECA MARINO DI DEL CURTO MARINO from any liability and to hold it harmless from any damage, cost and charge, direct and indirect, deriving from:
– third party complaints regarding content deposited in their name, in particular for violation of rights on content published on the site;
– any activity related to participation on the site contrary to these General Conditions;
– violation of these Terms of Use of the site.
7 – PERSONAL DATA PROTECTION
The USER can consult the personal data protection policy in the attached Privacy Policy document.
8 – DELETION OF CONTENTS SUBMITTED BY USERS
ENOTECA MARINO DI DEL CURTO MARINO is free to delete any profile, content, information published on the site; it can prohibit the use and access to the same when it becomes aware of the failure to comply, by the USER, with the conditions of use, or for technical reasons.
Any modification or cancellation may be made without prior notice, notification or communication, at the complete discretion of ENOTECA MARINO DI DEL CURTO MARINO.
Each USER can inform ENOTECA MARINO DI DEL CURTO MARINO, via email or certified email to the addresses info@enomar.it and marinodelcurto@legalmail.it , that content is allegedly published in violation of these Terms of Use.
The USER is required to attach all necessary clarifications regarding the report.
The USER also has the possibility to request, always by e-mail or certified e-mail to the addresses info@enomar.it and marinodelcurto@legalmail.it , the cancellation of the contents deposited on the site.
This request must be accompanied by information that allows the identification of the content.
Any well-founded and legitimate request will be processed by ENOTECA MARINO DI DEL CURTO MARINO as soon as possible.
The USER acknowledges that ENOTECA MARINO DI DEL CURTO MARINO cannot be held responsible in any way for the time required to process the request or for the material impossibility of providing a response to the same.
9 – INTEGRITY
If one or more clauses of the General Conditions of Use are declared null and void following the application of a law, a regulation or a judicial or administrative decision, the other clauses will retain their force.
10 – APPLICABLE LAW/DISPUTES
These General Conditions of Use are governed by Italian law.