Tours general conditions of sale by Pagus Wine Tours S.A.S
1. Subject
Pagus Wine Tours S.A.S. (or “Pagus”) is a company operating in tourism sector as tourist and travel agency, pursuant to article 1/4 of Legislative Decree number 79, of May 23, 2011. Pagus organizes wine and food tours, using its own means of transportation, in the area of Verona and surrounding provinces, and offering a service of people transportation and tour guiding.
Pagus carries out its activity under the Directive of the Province of Verona number 1593/13 of April the 18th, 2018. | The insurance policy of Pagus is number 63150248-RC16 with Europaische Reiseversicherung A.
Contacts:
Address: Corso Castelvecchio 3/a 37121 Verona (Italy)
Telephone number: +39 327 796 5380
E-mail: [email protected]
2. Definitions
Organizer: Pagus Wine Tours S.A.S.
Tourist: the client receiving a service by Pagus.
Service: the activities proposed by Pagus on the website: www.paguswinetours.com
General Conditions: the following contract rules that shall be applied to every Service.
3. Booking
The booking proposal shall be submitted by means of the specific online contract form on the website www.paguswinetours.com.
The booking proposal has to be confirmed by Pagus by means of a written communication sent to the e-mail address indicated by the Tourist in the above-mentioned online contract form. Without the confirmation given by Pagus, the contract is not concluded.
Pursuant to article 32, paragraph 2, of Legislative Decree 206/2005, after the confirmation of the booking, Pagus will provide all the indications to the Tourist regarding the Service which are not contained in the contract documents, in the brochures, or in any other written forms of communication.
4. Prices and Payment
4.1 The prices of the Services are listed on the website: www.paguswinetours.com If, after the confirmation as in article 3 above, the price of the Service should undergo variations, Pagus communicates the variation pursuant to the following art. 5.
4.2 The Service shall be paid part in advance, as a down payment, at the moment of the booking, in the amount of 30% of the total price of the booking.
4.3 The rest of the price shall be paid to Pagus no later than seven days before the date on which the service is to be carried out.
4.4 Failure to pay the amounts as described above, at the established dates, allows Pagus to terminate the contract, with consequent retention of the above mentioned down payment.
4.5 As an exception to the hereabove provisions, in case of booking for group of people (composed by two or more persons), the full price of the Service shall be paid entirely at the moment of the booking.
5. Booking modification or cancellation
5.1 If ever Pagus intends to cancel or significantly modify one or more elements of the service before departure, or if the price of the service increases more that 10% from the original prevision, Pagus will immediately notify the Tourist in written form, indicating the type of modification and variation of price and advertising the Tourist that in the term of 15 days he/she has to:
• Accept the modification;
• Withdraw from the contract;
• Change the service with one of similar value and characteristics on a different date.
5.2 If the Tourist does not communicate any choice in 15 days from the above-mentioned communication, the modification will be intended as accepted.
6 Withdrawal
In the case of group and private tour bookings:
6.1 The Tourist can withdraw from the contract in the following cases:
a) without any reason within 14 days of sending the order, using the online form, pursuant to article 49, paragraph 4 of Legislative Decree 206/2005;
b) if the booked service undergoes significant modifications, as per art. 5.1.
In the cases listed above, the tourist will have the right to be refunded the entire sum of the down payment, as in article 4.2 above.
6.2 If the Tourist intends to withdraw from the contract beyond the above-mentioned cases, Pagus will withhold the following amounts from the price paid, as per withdrawal penalty:
– between 14 and 8 days before the tour dates: 25% less Stripe/Paypal/Bank expenses;
– between 7 and 4 days before the tour date: 50% less Stripe/Paypal/Bank expenses;
– less than 4 days or no-show: 100% (NO REFUND).
In the case of event bookings:
6.3. If the client intends to withdraw from the contract, Pagus will withhold 100% of the price paid (NO REFUND).
7.Replacement
7.1 Pagus could accept the replacement of a Tourist in the enjoyment of a booked Service, at the following conditions:
a) Pagus has been informed at least four workdays before the planned date for the realization of the Service. Such notification must be in written form, whereby the Organizer shall receive contextual notification about the generalities of the assignee;
b) the assignee satisfies all the conditions for the fruition of the Service (ex-art. 39 Cod. Cons.), and particularly the requisites regarding one’s passport, visas, and health certificates.
7.2 The transferor and assignee will be held jointly and severally liable for the entire payment of the price of the Service.
8. Obligations of the Tourist
8.1 The Tourists shall inform Pagus of their nationality, and, upon setting out on the excursion, they must carry their individual passports or any other identification document compelling with Italian legislation.
8.2 Furthermore, the Tourist must comply with the normal rules of prudence and diligence, and he or she must adhere to the information given by the organizer.
8.3 The Tourists will be responsible for all the damages that the organizer or third parties may suffer due to a failure to adhere to the above-mentioned obligations. The Tourist will also be responsible for any kind of damages he or she causes during the fruition of the Service.
8.4 Furthermore the Tourist must communicate to the Organizer, at the moment of booking, any special, personal requests which might be the object of specific agreements on how to carry out the tour, providing that it is feasible to fulfill one’s requests.
8.5 The Tourist shall always inform the organizer about possible special needs or conditions (pregnancy, food intolerance, handicaps, etc.…), with particular refence with requests for personalized Services. The Organizer has the right to not accept the booking in the case that the Service cannot be carried out in keeping with the special needs as mentioned above, with consequent return of the down payment as in article 4.2.
9.Obligations of the Organizer
9.1 The Organizer is obliged to give assistance to the Tourist according to the requirements of professional diligence, exclusively in reference to the obligations for legal or contractual disposition.
9.2 The Organizer is responsible for the damages caused to the Tourist for the total or partial non-fulfillment of the services due according to the contract, both if the Services are rendered by the Organizer or by third providers, unless the Organizer proves that the event is caused by the Tourist (included initiatives autonomously taken by the Tourist during the Service) or by situations beyond the supply of the arranged service in the contract, by an accidental case, by circumstances beyond the Organizer’s control, or in cases that the Organizer could not forecast or solve.
9.3 The Organizer is not liable for damages suffered by the Tourist which are caused by third parties who are not employed by Pagus, or for damages to things over which Pagus has no control or management. On the same token, the Tourist is directly responsible for damages to things or to persons or to him or herself, when such damage derives from his or her own action during the fruition of the Service. Furthermore, the Organizer is not responsible for the loss or damage of goods that belong to the Tourist, unless the event is caused by the Organizer or by its personnel by means of willful act or gross negligence.
9.4 Generally speaking, the Organizer is exonerated from its responsibility (articles 9 and 10 of the General Conditions) when the failure or partial failure to execute the contract is due to the Tourist or when such failure is due to an unforeseeable or unavoidable event, or is caused by an accidental event or by ‘force majeure’.
10. Complaints and Damage Reports
10.1 Any breach of contract must be reported by the Tourist without delay, enabling the Organizer to verify the substance of the Tourist’s allegations.
10.2 Moreover, the Tourist must make a complaint via postal mail, using the postal form that shows proof of receipt (i.e. by certified letter), to Pagus, to the address in article 1 above, within and not later than 10 workdays from the moment of returning to the departure point for the journey.
11. Jurisdiction
Without prejudice to the provisions of Legislative Decree 206/2005, or other where not applicable, for any dispute deriving from the interpretation or execution of the present contract, shall apply the Italian law and the place of jurisdiction shall be Verona (Italy).
12. Privacy Policy
The personal data -whose conferring is necessary for the conclusion and execution of the contract – are processed in compliance with Regulation (EU) 2016/679 and Legislative Decree 196/2003, pursuant to our Privacy Policy.
Pursuant to articles 1341 and 1342 of the Italian Civil Code, with the subscription of the of the specific online contract form on the website www.paguswinetours.com, the Tourist expressly approves the following clauses:
Booking modification or cancellation; 6. Withdrawal; 8. Obligations on behalf of the Tourist; 9. Obligations of the Organizer; 10. Complaints and Damage Reports; 11. Competent Court
Holiday package general conditions of sale by Pagus Wine Tours S.A.S
Introduction
These general conditions regulate the sale of holiday packages by Pagus Wine Tours SAS. They form an integral part of the travel contract, together with the description of the holiday package (which is contained on the website www.valpolicellawinetours.com, or in the separate travel program), the booking confirmation of the services requested by the traveler and the documents referred to in art. 36 paragraph 8 of the Tourism Code.
By signing the purchase proposal of the holiday package, the traveler expressly declares that he has understood and accepted, the travel contract, the warnings and the present general conditions as regulated therein, for himself and for the subjects he requests the all-inclusive service for.
The sale of holiday packages, whether the related services are provided in Italy or abroad, is regulated by the articles 32-51 novies of the Legislative Decree no. 79 of 23 May 2011 (the so-called “Tourism Code”, hereinafter CdT), as currently amended by the Legislative Decree no. 62 of 06 June 2018 which implements the European Directive n. 2015/2302, as well as the provisions of the Civil Code regarding transport, service contract and mandate, as applicable, and by the Navigation Code (Royal Decree n. 327 dated 30 March 1942)
1. Definitions
For the purpose of this contract
a) Traveler means any person who intends to conclude/ enter into a contract or any person who is entitled to travel on the basis of a contract of organized tourism.
b) Organizer is Pagus Wine Tours S.A.S. (hereinafter “Pagus”), a tourism company that carries out travel and tourism agency activities, in accordance with the attachment 1/4 of the CdT. Pagus arranges food and wine tours on the territory of Verona and neighboring provinces, using its own means of transport. It also offers a service of transporting people and a tourist guide service to its users.
Pagus carries out its activity under the authorization issued by the Province of Verona no. 1593/13 of 8 April 2013. | Insurance policy No. 63150248-RC16 with Europaische Reiseversicherung AG | Insurance policy No. 6006002480 / K with Nobis Compagnia di Assicurazioni S.p.A.
The contacts of Pagus are as follows:
Contacts:
Address: Corso Castelvecchio 3/a 37121 Verona (Italy)
Telephone number: +39 327 796 5380
E-mail: [email protected]
c) Holiday package is the combination of at least two different types of tourist services valid for the same trip or holiday and combined by a single professional, which allows the traveler to choose between different types of tourist services available on the website www.valpolicellawinetours.com.
d) General Conditions are the following contractual conditions that apply to all holiday packages sold by Pagus.
2. Pre-contractual information to the traveler
1.Before the conclusion of the package travel contract, the Organizer will provide the Traveler with the relevant Form and the following information:
a) the main characteristics of tourist services, such as:
1) the destination or destinations of the trip, the itinerary and the period of stay with relative dates and, if accommodation is included, the number of nights included;
2) the means, the characteristics and the categories of transport, the places, the dates and times of departure and return, the duration and the intermediate stop location and the connections. If the exact time has not been established yet, the Organizer will inform the traveler about the approximate time of departure and return;
3) the location, the main features and, where applicable, the tourist category of accommodation according to the regulation of the destination country;
4) provided meals;
5) visits, excursions or other services included in the total price of the package;
6) tourist services provided to the Traveler as a member of a group and, in this case, the approximate size of the group;
7) the language
8) the suitability of the holiday for persons with reduced mobility and, at the request of the traveler, precise information on the suitability of the trip or vacation taking into account the needs of the traveler;
b) the trade name and geographical address of the Organizer, his telephone numbers and e-mail addresses;
c) the total price of the package including taxes, fees, duties and other additional costs;
d) the terms of payment, including any amount or percentage of the price which has to be paid as deposit and the calendar for the payment of the balance, or the financial guarantees that the traveler is required to pay or provide;
f) general information concerning the conditions regarding passports and visas;
g) information on the right of the traveler to withdraw from the contract at any time before the beginning of the holiday upon payment of adequate withdrawal fees, or, if provided, of the standard withdrawal costs required by the organizer in accordance with the Article 41 , paragraph 1, CdT;
h) information on the optional or obligatory subscription of an insurance that covers the costs of unilateral withdrawal from the contract by the traveler or the assistance costs, including the return, in the event of accident, illness or death;
i) the details of the coverage pursuant to article 47, paragraphs 1, 2 and 3, CdT. Insurance policy No. 6006002480 / K with Nobis Compagnia di Assicurazioni S.p.A.
3. Reservations
3.1 The purchase proposal of the holiday package has to be written on a specific contract form, which is forwarded to the Traveler once the booking request has been received through the website www.valpolicellawinetours.com. It has to be returned signed by e-mail or fax for confirmation of the reservation and subsequently hand-delivered in original.
3.2 The information relative to the holiday package not specified in the contractual documents, in the brochures or in other written communication means, are provided by the Organizer, in regular fulfillment of the obligations provided for by art. 36, paragraph 8, CdT, before the beginning of the trip.
3.3 Special requests regarding the provision and the performance of certain services that are part of the holiday package, including the need for assistance for people with reduced mobility and the request for special meals have to be made at the time of booking and they have to be the subject of a specific agreement between Traveler and Organizer
4. Price and payments
4.1 The price of the Service is available on the website www.paguswinetours.com and varies depending on the choice of the Traveler. If the price of the Service changes after the forwarding of the booking by the Traveler as set forth in art. 3, Pagus will inform the Traveler according to the provision of the following art. 5.
4.2 The payment of the Service will be made as follows: payment of 30% of the total price, as deposit, at the moment of reservation.
4.3 The balance has to be paid to Pagus within 7 days before the date set for the performance of the Service.
4.4 The missed payment of the above amounts on the established dates is an expressed cause for termination of the contract with consequent right for Pagus to withhold the deposit.
4.5 Notwithstanding the provisions of the previous paragraph, in case of a group booking of two or more people, the entire price of the service has to be paid at the moment of reservation.
5. Change reservation or Cancellation of the reservation
5.1 If the Organizer has to cancel or significantly modify one or more elements of the Service before departure, or if the price suffers an increase or decrease of more than 8%, Pagus will immediately give written notice to the Traveler.
5.2 Price increases are only possible because of changes concerning:
a) the price of passenger transport based on the cost of fuel or other energy sources;
b) taxes or duties on tourist services included in the contract imposed by third parties, which are not directly involved in the performance of the service;
c) exchange rates relevant to the package.
5.3 If the price decrease is higher than the aforementioned percentage, the Traveler is entitled to the corresponding price reduction
5.4 In the cases referred to in point 5.2, the Organizer will send a written notice to the Traveler, at least 20 days before the beginning of the holiday, indicating the type of modification and / or the change in the price and communicating that the Traveler has 15 days available of time to decide to:
a) Accept the modification of the Service;
b) Withdraw from the contract;
c) Change the Service for another one with the same or better value and characteristics on a different date. The Traveler has the right to change the service for a one with a lower value, but in this case the difference in price will be refunded.
5.5 If the Traveler within a maximum of 15 days from the notification does not reject the modification referred to in paragraph 2, it is considered accepted.
6. Withdrawal of the Traveler
6.1 The Traveler may withdraw from the contract in the following cases:
a) without justification within 5 days from the date of conclusion of the contract or from the date on which it receives the contractual conditions and the preliminary information, pursuant to art. 41, CdT
b) in the event of modifications or changes of the Service in accordance with the provisions of art. 5.
In the cases mentioned above, the Traveler is entitled to a refund of the deposit, pursuant to art. 4.2, within 14 days from the moment in which the Organizer receives the notice of withdrawal.
6.2 With the exception of the aforementioned hypotheses, if the Traveler withdraws from the contract, the deposit pursuant to art. 4.2 as well as the following penalties will be charged to the Traveler:
– Between 14 and 8 days before the scheduled service date: 25% of the price;
– Between 7 and 4 days before the scheduled service date: 50% of the price;
– With less than 4-day notice before the scheduled service date: 100% of the price.
7. Withdrawal of the Organizer
7.2 The Organizer may withdraw from the contract and offer the Traveler full reimbursement of the payments made for the holiday package. However, it is not required to pay an additional compensation if:
a) the number of people registered in the package is less than the minimum required by the contract and the Organizer communicates its withdrawal to the traveler by the deadline set in the contract and in any case no later than:
20 days before the beginning of the holiday in case of trips lasting more than 6 days,
7 days before the beginning of the holiday in case of journeys lasting between 2 and 6 days,
48 hours before the beginning of the holiday in case of journeys lasting less than 2 days;
b) the Organizer is unable to perform the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal from it to the Traveler without unjustified delay before the beginning of the holiday
8. Replacement
8.1 The renouncing Traveler may be replaced by another person provided that:
a) the Organizer is informed in writing at least 7 working days before the date set for the provision of the Service, receiving at the same time notification of the transferee’s personal details;
b) the transferee satisfies all the conditions for the use of the Service (ex art. 38 CdT.) and in particular the requirements related to passport, visas, health certificates.
8.2 The transferor and the transferee are jointly liable for the payment of the balance of the price and of any rights, taxes and other additional costs, including any administrative and management fees, resulting from this transfer.
9. Obligations of the Traveler
9.1 The Traveler has to inform the Organizer of his own nationality and, at the time of use of the Service, he has to assure he is in possession of a passport, identity card or other suitable identification document according to Italian law.
9.2 The Traveler has to comply with the rules of normal prudence and diligence, as well as with all the information provided by the Organizer.
9.3 Travelers are responsible for all damages that the Organizer or third parties may suffer as a result of failure to comply with the above-mentioned obligations as well as any other damage caused by the Traveler in the use of the Service.
9.4 The Organizer that has granted a compensation or a price reduction, or paid compensation for the damage or has been forced to comply with other obligations prescribed by the Law, has the right of recourse against the subjects who have contributed to the occurrence of the circumstances/ event from which the indemnity, price reduction, compensation for damages or the other obligations in question were derived. The organizer has the same right of recourse against the subjects required to provide assistance and accommodation services under other provisions, in the event that the Traveler cannot return to the place of departure.
The Organizer that has compensated the traveler is subrogated, within the limits of the compensation paid, in all the rights and actions of the latter towards the responsible third parties; the Traveler must provide the Organizer with all the documents, information and elements in his possession that are useful for exercising the right of subrogation.
9.5 The Traveler, at the moment of reservation, will also give written communication to the Organizer of the personal requests that may form the subject of specific agreements on the travel arrangements, provided that they can be implemented.
9.6 The Traveler has to inform the Organizer of any special needs or conditions (pregnancy, food intolerances, disabilities, etc.) and to specify explicitly the request for related personalized services. The Organizer reserves the right not to accept the reservation in the event that the Service cannot be performed in compliance with the aforementioned requirements. This will not lead to any reimbursement or compensation for the Traveler, except for the return of any sum anticipated referred to in art. 4.2.
10. Organizer liability regime
10.1 The Organizer is required to assist the Traveler according to the criterion of professional diligence with exclusive reference to its obligations, deriving from the law or the contract. The Organizer may demand payment of a reasonable cost for such assistance if the problem is caused intentionally by the traveler or his fault, within the limits of the costs actually incurred.
10.2 The Organizer is liable for damages caused to the Traveler due to the total or partial non-performance of the contractually due services, whether they are performed by itself or by third party service providers, unless it proves that the event is derived from the action of the Traveler (including initiatives taken autonomously during the execution of tourist services) or by the action of a third party of an unforeseeable or unavoidable nature, by circumstances unrelated to the provision of the services provided for in the contract, by chance or by force majeure, or from circumstances that the Organizer himself could not, reasonably foresee or resolve, according to professional diligence.
10.3 The Organizer is not liable for damages caused to the Traveler by third parties that are not Pagus employees or by things that are not in the control or management of Pagus. Similarly, the Traveler is directly responsible for damage to things, persons, or himself, deriving from his own conduct during the use of the Service. Furthermore, the Organizer is not responsible for loss or damage to assets owned by the Traveler, if the event has not been caused by the Organizer or by its staff for intent or gross negligence.
10.4 In general, the Organizer is exempt from its own responsibility, when the failure or inexact execution of the contract is attributable to the Traveler or has depended on the action of a third party of an unforeseeable or inevitable nature, or was caused by a fortuitous event or force majeure.
11. Recalls and Complains
11.1 In accordance with the articles 1175 and 1375 of the Civil Code, any failure in the execution of the contract has to be contested by the Traveler during the trip by timely presentation of a complaint, so that the Organizer or the tour guide can check the value of what the Traveler state.
11.2 The Traveler must also – under penalty of forfeiture – make a complaint by sending a registered mail, fax or PEC to the Organizer’s address to the location of departure, no later than 10 working days from the date of return.
11.3 If one of the tourist services is not performed as stipulated in the holiday package contract, the Traveler remedies the lack of conformity, unless this is impossible or excessively expensive, taking into account the extent of the lack of conformity and the value of the tourist services affected by the defect. If the Organizer does not remedy the defect within a reasonable time, the Traveler is entitled to a price reduction or to withdraw from the contract.
11.4 If, due to circumstances not attributable to the Organizer, it is impossible to provide a substantial part, by value or quality, of the combination of the tourist services agreed in the holiday package contract, the Organizer offers, at no additional cost for the Traveler, adequate alternative solutions of quality, where possible equivalent or higher, than those specified in the contract, so that the holiday package is performed. If the alternative solutions proposed involve a package of lower quality than that specified in the holiday package contract, the Organizer will grant the Traveler an adequate price reduction.
11.5 The Traveler can reject the alternative solutions proposed only if they are not comparable to what was agreed in the contract or if the reduction in the price is inadequate.
12 Compensation Limits
12.1 If the Organizer has to respond for any damage or defaults, any compensation arising from the ascertainment of its liability may not exceed three times the total price of the package purchased, pursuant to art. 43, paragraph 5 of Legislative Decree 79/2011
12.2 The right to compensation for personal injury lapses in three years starting from the date of return of the Traveler to the place of departure or in the longest period provided for compensation for personal injury by the provisions governing the services included in the package.
13 Court of Jurisdiction
Except as provided for by Legislative Decree 206/2005, if there is no application, any dispute arising from the performance or interpretation of this contract is decided by applying Italian law and any consequent judgment has to be submitted to the Court of Verona (Italy).
Privacy Policy
The processing of personal data – which have to be provided in order to conclude and execute the contract – is carried out, in full compliance with the European Regulation 2016/679 and Legislative Decree 196/2003, in accordance with the Privacy Policy of Pagus (PRIVACY POLICY page)
GENERAL CONDITIONS FOR THE ONLINE SALE OF FOOD AND WINE PRODUCTS
Seller identification
The goods covered by these general conditions are offered for sale by Pagus Wine Tours S.A.S., p. VAT 04171050232, current in Corso Castelvecchio, 3a – 37121, Verona (VR), Italy, registered with the Chamber of Commerce of Verona (VR), under no. 04171050232 of the Business Register, email address [email protected] and certified email [email protected] owner of the website www.paguswinetours.com and having its registered office in via della Cooperation, 8 37024 Negrar di Valpolicella (VR), hereinafter referred to as “Seller”.
Premises
The so-called “Conditions of sale” referred to in this Agreement indicate, in clear and easy-to-understand language, the terms and conditions to be applied to the purchase of consumer goods through the Seller’s website. The User is required to carefully read the Terms of Sale before placing an order online.
When placing an order through the web page, confirming that he has read and accepted the Terms of Sale, the User declares to unconditionally accept the conditions and terms specified below.
Capitalized terms used in these Terms of Sale must be understood according to the meaning set forth below in the “Definitions” section of this document.
These Conditions of Sale, together with the order confirmation, represent the contract for the supply of consumer goods between Seller and Buyer, as identified above. No other conditions or other terms may apply.
The Seller may make changes to these Conditions at any time. The Purchaser is therefore required to accept only the Conditions of Sale in force at the time of the relative purchase, a copy of which will be made accessible to the Purchaser on the website www.paguswinetours.com/shop in order to allow them to know, as well as storage and reproduction by the Buyer.
These premises form an integral and substantial part of the Online Sales Agreement between Buyer and Seller.
Definitions
1.1. The term “Online Sales Agreement” means the sales contract relating to the Seller’s movable tangible assets, stipulated between them and the Buyer as part of a remote sales system via telematic tools, organized by the Seller.
1.2. The term “Buyer” means the person, identified above, who makes the purchase under this contract, who is a Consumer as regulated by this contract.
1.3. The expression “Seller” means Pagus Wine Tours S.A.S.
1.4. The term “User” means the natural or legal person who has access to the Site (as defined below), also through the registration procedure and creation of an account as required by the following art. 3.
1.5. The term “Consumer” means any natural person who makes purchases for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
1.6. The expression “Site” refers to the web page www.paguswinetours.com/shop
Object of the contract
With this contract, respectively, the Seller sells and the Buyer remotely purchases the movable tangible assets indicated and offered for sale on the website www.paguswinetours.com/shop via telematic tools.
Conclusion and effectiveness of the contract
3.1. The offer and sale of products through the Site constitute a distance contract governed by Articles 45 ff. of Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
3.2. For the purpose of concluding the contract, the Purchaser provides for the exact compilation of the form / form attached to the online electronic catalog at www.paguswinetours.com/shop and the subsequent online submission of the form / form itself, always after viewing a web page summarizing the order, printable, in which the details of the purchaser and the order are shown, with the product information sheet, the price of the product / s purchased, the shipping costs and any further ancillary charges and additional costs (with the exception of customs costs, which cannot always be calculated in advance by the system), the methods and terms of payment, the address where the product will be delivered, the expected delivery times, the invitation to carefully read these Terms of Sale.
3.3. Once the order summary page is displayed, the User who intends to proceed with the purchase chooses the “Send Order” option. By sending the form / order form, the Buyer acknowledges and declares to have read all the information provided during the purchase procedure, as well as the additional information contained on the Site relating to the Privacy Policy, and to accept in full and unconditionally the Conditions of sale.
3.4. The Seller reserves the right to refuse or cancel orders that come from the User.
3.5. The order will be archived in the Seller’s database for the time necessary for its execution and, in any case, in accordance with the law.
3.6. The Seller will communicate to the Buyer any impossibility to accept the orders received within 24 (twenty-four) hours starting from the business day following the one on which the Buyer has sent the order and will refund any sums already paid for the payment. of the supply.
3.7. When the Seller receives the order from the Buyer, he sends an e-mail confirmation and summary of the order, which also includes the data referred to in point 3.2.
3.8. The contract is not considered finalized and effective between the parties in the absence of the sending by the Seller of the e-mail referred to in the previous point.
3.9. The Buyer undertakes to verify the correctness of the data contained in the order confirmation e-mail and to notify the Seller within 24 (twenty-four) hours of receipt of the same any corrections. If the confirmation of the correctness of the data by the Buyer does not arrive within the specified deadline, the Seller has the right to cancel the order. Possible increase in costs caused by errors in the data not reported promptly will be borne by the Buyer.
3.10. The order number, generated by the system and communicated by the Seller in relation to the purchase made, must be used by the Buyer in any subsequent communication with the Seller.
Methods of payment
4.1. Each payment by the Purchaser can only be made by means of one of the methods indicated in the purchase form / form. In any case, the purchasing methods are managed by a third party who is Stripe.
4.2. All communications relating to payments take place on a special line of the Seller protected by an encryption system. The Seller guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current legislation on the protection of personal data.
4.3. For transaction security reasons, the Seller reserves the right to request the sending of the details or a copy of an identity document of the credit card holder.
4.4. At the same time as sending the confirmation e-mail and order summary, the amount corresponding to the product (s) purchased will be charged to the Buyer. In the event that, for any reason, the debit of the amounts due by the Buyer does not occur, the sale process is automatically canceled and the sale automatically canceled.
4.5. The Seller will issue the purchase receipt for the product (s), sending it by e-mail to the holder of the order within 48 (forty-eight) hours from the e-mail confirmation and order summary of the buyer. For the issue of the receipt, the information provided by the Purchaser will prevail. No data changes will be possible after the receipt itself (or the invoice if requested by the Buyer) has been issued.
4.6. Any refund to the Purchaser will be credited to the Purchaser in the manner and within the times referred to in the following points 13.3, 13.4, 13.5 and 13.6.
Delivery times and methods
5.1. The Seller will deliver the selected product (s) and ordered (s), in the manner chosen by the Buyer or indicated on the website at the time of the product offer, as confirmed in the e-mail referred to in point 3.7.
5.2. Shipping and delivery times may vary from the day of the order to a maximum of 30 working days from the confirmation of the same and are disclosed to the Buyer at the time of order confirmation. In the event that the Seller is unable to comply with these terms, but, in any case, within that indicated in the following point, or in the event that the delivery is delayed or excessively burdensome for reasons attributable to the Buyer, it will be given promptly notice by e-mail to the Buyer.
5.3. The methods, delivery times and shipping costs are clearly indicated during the order summary and in the order confirmation email.
Product and pricing information
6.1. Each product is accompanied by an information sheet that illustrates its main characteristics (so-called “Product Sheet”).
6.2. The visual representation of the products on the Site, where available, normally corresponds to the photographic image in digital format accompanying the description, but may differ in some aesthetic terms. The image has the sole purpose of presenting the products for sale and for this purpose is representative of its characteristics.
6.3. All sales prices of the products displayed and indicated on the website www.paguswinetours.com/shop are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code
6.4. The sale prices, referred to in the previous point:
□ they include VAT and any other taxes.
6.5. The shipping costs, although not included in the purchase price, are indicated and calculated in the purchase procedure before placing the order by the Buyer and also contained in the summary web page of the order placed. Any additional charges (eg customs clearance) cannot always be calculated in advance.
Product Availability
7.1. The Seller ensures through the electronic system used the processing and fulfillment of orders without delay.
7.2. The availability of the products is indicated in the “Product Sheet” which also indicates if they are eventually out of stock or in any case not immediately available.
7.3. The Seller’s computer system confirms the successful registration of the order as soon as possible by sending the Buyer a confirmation by e-mail.
7.4. In the case of orders involving a plurality of products (so-called “Multiple Order”), if the unavailability concerns only some of the products covered by the Multiple Order, the Seller will immediately notify the Buyer by e-mail and the latter will be , therefore, entitled to immediately terminate the contract, limited to the product (s) not available (or which have become unavailable). In any case, the right to compensation for damage is reserved.
7.5. In the event that the purchase contract concerning the product (s) is terminated following unavailability of the product (s), limited to such product (s), the return will be made within the terms set out in point 8.8 below. , if it has already been paid, of the amount due in relation to such product (s), including delivery costs, and any other possible additional costs due in relation to such product (s).
Liability of the Seller
8.1. The Seller assumes no responsibility for inefficiencies attributable to force majeure, in the event that it fails to execute the order within the time stipulated in the contract.
8.2. The Seller cannot be held liable to the Buyer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet outside of its control.
8.3. Furthermore, the Seller will not be liable for damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, without prejudice to the Buyer’s right to the full refund of the price paid and any charges. supported accessories.
8.4. The Seller assumes no responsibility in the event of any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the purchased products, if it proves that it has adopted all the possible precautions based on the best science and experience of the moment and based on ordinary diligence, in full compliance with the legislation in force at the time of purchase.
8.5. In no case can the Buyer be held responsible for delays or errors in payment if he proves that he has made the payment in the times and methods indicated by the Seller, except in the event of non-delivery or delayed delivery for reasons attributable to him or in any case independent of the responsibility of the Seller.
Legal guarantee of conformity and methods of assistance
9.1 To whom it applies
The Legal Guarantee is reserved for Buyers who have made a purchase on the Site for purposes unrelated to any business, commercial, craft or professional activity carried out.
9.2. What is the lack of conformity
9.2.1. There is a lack of conformity when the purchased product:
a) is not suitable for the use for which goods of the same type are usually used;
b) does not conform to the description made by the Seller and does not possess the qualities of the goods that the Seller presented to the Buyer as a sample or model;
c) does not have the usual qualities and performance of an asset of the same type, which the Purchaser can reasonably expect, also taking into account the statements made in advertising, labeling or in the product sheet;
d) is not suitable for the particular use desired by the Purchaser and that it has been brought to the attention of the Seller at the time of the conclusion of the contract.
9.2.2. Therefore, any DEFECTS caused by accidental events or by the Purchaser’s responsibility or by a use of the product that does not conform to its intended use and / or by an incorrect method of storing the product are excluded from the scope of the Legal Guarantee. part of the Buyer.
9.3. When it applies
9.3.1. The Seller is liable to the Buyer for any lack of conformity existing at the time of delivery of the product that occurs within two years of such delivery.
9.3.2. The lack of conformity must be reported to the Seller, under penalty of forfeiture of the guarantee, within 2 (two) months from the date on which it was discovered.
9.3.3. The report is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
9.3.4. In order to take advantage of the Legal Guarantee, the Purchaser must therefore first provide proof of purchase and delivery of the product.
9.4. Remedies available to the Buyer
9.4.1. In the event of a lack of conformity duly reported within the terms, the Purchaser has the right, primarily, to free repair or replacement of the product, unless the requested remedy is objectively impossible or excessively expensive compared to the other.
9.4.2. The request must be sent in writing, by registered letter with return receipt or by certified e-mail, to the Seller, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within 7 ( seven) working days of receipt. In the same communication, where the Seller has accepted the Buyer’s request, he must indicate the method of shipping or returning the product as well as the deadline for returning or replacing the defective product.
9.4.3. Secondly, if the repair and replacement are impossible or excessively expensive (pursuant to Article 130, paragraph 4, of the Consumer Code), or the Seller has not repaired or replaced the product within the deadline of referred to in the previous point, the Buyer may request the price reduction or the termination of the contract. The Buyer may request a price reduction or termination of the contract even in the event that the replacement or repair previously carried out has caused significant inconvenience to the Buyer.
9.4.4. If the Seller has accepted the Buyer’s request, he must indicate the proposed price reduction or the methods of returning the defective product. It will be the Buyer’s responsibility to indicate how to re-credit the amounts previously paid to the Seller.
9.4.5. The requested remedy is excessively burdensome if it imposes unreasonable expenses on the Seller compared to the alternative remedies that can be carried out, taking into account (i) the value that the product would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be carried out without significant inconvenience for the Buyer.
9.5 What to do if there is a lack of conformity
9.5.1. Nel caso in cui un prodotto acquistato sul Sito, nel corso del periodo di validità della Garanzia Legale, manifesti quello che potrebbe essere un difetto di conformità, l’Acquirente può contattare il Servizio Clienti ai recapiti indicati nel successivo punto 16.
9.5.2. Il Venditore darà tempestivo riscontro alla comunicazione del presunto difetto di conformità e indicherà all’Acquirente la specifica procedura da seguire, anche tenendo conto della categoria merceologica cui il prodotto appartiene e/o del difetto denunciato.
10. Obligations of the Buyer
10.1. The Purchaser undertakes to pay the price of the purchased product within the times and methods indicated in the contract.
10.2. Once the online purchase procedure has been completed, the Buyer undertakes to print and keep this contract if he has received a copy.
10.3. The information contained in this contract is intended to be viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before confirming the purchase.
11. Right of withdrawal
11.1. The Purchaser who plays the role of Consumer has the right to withdraw from the purchase contract of the product without having to provide any reasons and without having to incur costs other than those provided for in the following point 14, within the term of 14 (fourteen) calendar days ( cd “Withdrawal Period”).
11.2. The “Withdrawal Period” expires 14 (fourteen) days after:
a) in the case of an order for a single product, the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the product;
b) in the case of a Multiple Order with separate deliveries, the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the last product;
c) in the case of an order relating to the delivery of a product consisting of multiple lots or pieces, the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the last batch or piece.
11.3. To exercise the right of withdrawal, the Buyer must inform the Seller, before the expiry of the “Withdrawal Period” of his decision to withdraw by email to the following address [email protected]
11.4. The Buyer has exercised his right of withdrawal within the “Withdrawal Period” if the communication relating to the exercise of the right of withdrawal is sent before the expiry of the “Withdrawal Period”. In the event that the Purchaser makes use of the “Declaration of Withdrawal”, it is advisable to indicate the order number, the product / s for which he / she intends to exercise the right of withdrawal and his address. Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the withdrawal period lies with the Buyer, it is in the Buyer’s interest to use a durable medium when communicating to the Seller its withdrawal.
11.5. For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased product (see point 14 below), provided that it is within the same terms. The delivery date to the post office or forwarder will be valid between the parties.
11.6. With the receipt of the communication with which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations.
12. Exclusion of the right of withdrawal
Pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded for products sold on the website www.paguswinetours.com/shop, for health and hygiene reasons, in cases where the Purchaser has opened the wine bottles or sealed food containers.
13. Return of the goods and times and methods of reimbursement
13.1. The Buyer who intends to exercise his right of withdrawal must also return the product to the Seller, using a carrier of his choice and at his own expense, without undue delay and in any case within the term of 14 (fourteen) calendar days from date on which he communicated his decision to withdraw to the Seller. The deadline is met, if the Purchaser sends the product back before the expiry of the period of 14 (fourteen) days. The product, properly packaged, must be sent to the following address: recipient Pagus Wine Tours, Corso Castelvecchio, 3a – 37121 Verona (Italy). The direct costs of returning the product (s) to the Seller are borne by the Buyer.
13.2. The products sold, by their nature, cannot normally be returned by post, so the Buyer must follow the instructions provided by the Seller in response to his notice of withdrawal. The return of the product to the Seller takes place under the responsibility and at the expense of the Buyer.
13.3. If the Buyer withdraws from the contract, the Seller will reimburse the total amount due paid by the Buyer for the product, including delivery costs, without undue delay and in any case no later than 14 (fourteen) calendar days from the in which the Seller has been informed of the Buyer’s decision to withdraw from the contract.
13.4. The refund will be made using the same payment method used by the Buyer for the initial transaction, unless the Buyer has expressly agreed otherwise. In any case, the Buyer will not have to incur any additional costs.
13.5. The Seller may reserve the right to withhold the reimbursement until it has received the goods or until the Buyer has demonstrated that he has sent them back, depending on which situation occurs first.
13.6. The Buyer is responsible for the decrease in the value of the product resulting from its handling other than that necessary to establish its nature and characteristics. The product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, accompanied by all accessories and leaflets, with labels, where present, still attached to the product, as well as perfectly suitable for use. intended use.
14. Causes for Termination
14.1. The obligations referred to in point 11.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations undertaken by the Seller pursuant to this contract, have an essential character, so that by express agreement, the non-fulfillment of only one of these obligations, if not determined by chance or force majeure, will result in the legal termination of the contract pursuant to Article 1456 of the Civil Code, without the need for a judicial ruling.
14.2. In the event that the Buyer does not pay the total amount due, the Seller will send him an e-mail in which he will be invited to pay the total amount due within 10 (ten) days, with warning that, after this deadline has elapsed unnecessarily, the contract will be considered terminated by law. The Seller reserves the right to block the purchase functions from the Site by non-compliant users, by giving notice in the manner indicated above.
15. Communications and complaints
15.1. Written communications (e.g. requests for information) directed to the Seller, requests for assistance and any complaints will be considered valid only if sent to the following address Corso Castelvecchio, 3a – 37121 Verona (Italy) or sent by e-mail to the following address [email protected]
15.2. The Buyer indicates in the registration form his residence or domicile, the telephone number or e-mail address to which he wishes the Seller’s communications to be sent.
16. Method of archiving the contract
Pursuant to art. 12 of the d. lgs. 70/2003, the Seller informs the Buyer that each order sent is stored in digital / paper form on the server / at the Seller’s premises, according to confidentiality and security criteria.
17. Applicable law and referral
17.1. This contract concluded through the Site is governed by Italian law.
17.2. Although not expressly provided herein, the laws applicable to the relationships and cases provided for in this contract apply, and in particular art. 5 of the Rome Convention of 1980.
17.3. Without prejudice to the application to the Purchaser Consumer – who does not have his habitual residence in Italy – of any more favorable and mandatory provisions provided for by the law of the country in which he has his habitual residence, in particular in relation to the deadline for the return of the products, at the deadline for exercising the right of withdrawal and the methods and formalities of the communication of the same, at the deadline for returning the products, the guarantees of conformity and the assistance procedures.
17.4. The Purchaser who resides in a member state of the European Union other than Italy can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small disputes. entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, € 2,000.00 (two thousand euros / 00).
18. Settlement of disputes
18.1 All disputes arising from this contract will be devolved to a conciliation attempt at the Mediation Body of the Verona Chamber of Commerce (VR) and resolved according to the Conciliation Regulations adopted by the same.
18.2 If the Purchaser is a Consumer and in the event that the requirements of the law exist, it is also possible to resort to alternative dispute resolution bodies referred to in art. 141-ter and 141-decies of the Consumer Code.
18.3 Pursuant to Regulation (EU) 524/2013, for the resolution of disputes concerning the online purchase of products and services, specifically dedicated to disputes between consumers and professionals, the so-called procedure is available ODR (Online Dispute Resolution) which can be initiated by submitting a specific complaint through the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ENG.
18.4 If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence or domicile of choice of the Purchaser. This court is mandatory pursuant to art. 33, paragraph 2, letter u) of the Consumer Code, if the Buyer is a Consumer.
19. Intellectual Property Rights
19.1. All content, in any format, published on the Site, including web pages, graphics, colors, schemes, tools, fonts and website design, diagrams, layout, methods, processes, the functions and software that are part of the Site are protected by copyright and any other intellectual property right belonging to the Seller and to any other right holders. The reproduction, in whole or in part, in any form, of the Site and its contents, without the express written consent of the Seller is prohibited. The Seller has the exclusive right to authorize or prohibit the direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of the Site and its contents.
19.2. With regard to the use of the Site, the Buyer is only authorized to:
a) view the website www.paguswinetours.com/shop and its contents;
b) carry out all those other temporary acts of reproduction, without their own economic significance, which are considered transitory or ancillary, an integral and essential part of viewing the site and its contents;
c) all other navigation operations on the Site that are performed only for a legitimate use of the same and its contents.
19.3. The Seller guarantees the authenticity of all products offered for sale on the Site.
19.4. The Seller’s trademark, as well as all the figurative and non-figurative trademarks and more generally all the other trademarks, illustrations, images and logos present on the Seller’s products, on the related accessories and / or packaging, which are subject to registration or less, are and remain the exclusive property of the Seller. Total or partial reproduction, modification or use of said trademarks, illustrations, images and logos, for any reason and on any medium, without the prior express agreement of the Seller are strictly prohibited. This clause is not applicable to the private use of products purchased through the Site. Any combination of the aforementioned brands and other trademarks, symbols, logos and more generally any distinctive sign suitable for creating a composite logo is also prohibited.
20. Modification and updating
These General Conditions of Sale are amended from time to time by the Seller also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication on the Site.