Terms and Conditions

General Terms and Conditions of Sale

These “General Terms and Conditions of Sale” govern the sale of products marketed by Poggio Torselli s.r.l. Società Agricola (hereinafter referred to simply as “Poggio Torselli”).

Poggio Torselli reserves the right to refuse orders which, at its sole discretion, are incompatible with its commercial policy.
Poggio Torselli is only required to perform the services specified in the order.
Product prices refer to the price list in force at the time the Buyer accepts the offer of sale or at the time Poggio Torselli issues the order confirmation.
Poggio Torselli reserves the right to change the current price list at any time, with prior written notice to the Buyer, in the event of increases in the cost of raw materials, labour or any other factor resulting in a significant increase in production costs. Poggio Torselli undertakes to promptly inform the customer of any increase so that the customer may, if they wish, withdraw from the order. In the event of a price change, the products will be delivered after the customer has confirmed their acceptance.
Product prices are always understood Free Carrier (FCA Incoterms 2010), unless otherwise agreed in writing between the parties.
Prices, delivery terms and other information provided by our representatives, agents and sales staff are valid unless otherwise notified by Poggio Torselli.
All orders are subject to acceptance by Poggio Torselli, after checking the actual availability of the products.
Delivery terms: immediate. In the event of a temporary shortage of one or more products, Poggio Torselli reserves the right to split the order, delivering what is available on the requested date and shipping the remaining products in a subsequent delivery.
Products are shipped in free packaging specifically designed to keep the bottles intact.
Shipping: goods are shipped directly or by courier, carriage paid or carriage forward, as agreed and as stated in the transport document.
Goods are in any case deemed delivered to the buyer upon signature of the delivery documents. The recipient must exercise the right and duty to inspect the goods upon delivery and report any issues to the carrier. The recipient must also check that the packages are intact, dry, not tampered with and not damaged in any way.
Should the Customer find any damage and/or evident anomalies, they must refuse the package(s) and promptly inform Poggio Torselli or the representative of the refusal and the reasons for it. This notice may be sent by email to info@poggiotorselli.it and must state the order date, the recipient and the reasons for the refusal.
The Customer and/or the person collecting the goods on their behalf must check, upon delivery and in the presence of the carrier, that the total number of packages matches what they were told at the time of shipment.
Goods are guaranteed only if the outer packaging is intact in all its parts.
Any complaints regarding the condition of the goods must be received within 8 days of receipt of the goods. Complaints may be sent by email to info@poggiotorselli.it
Poggio Torselli does not accept goods returned by the recipient unless the return has been authorised in advance. In the case of an authorised return following complaints reported within 8 days of receipt of the goods, Poggio Torselli will collect the returned goods directly or through an approved courier at its own expense. The right of withdrawal is in any case subject to the purchased goods being returned substantially intact: as these are food products, the packaging must not have been opened and/or tampered with. In all other cases, authorised returns must be sent to Poggio Torselli carriage paid.
The buyer must pay the invoiced prices without any discounts and/or rounding not expressly stated on the invoice.
Payment must be made by the means and within the terms set out in the order or as otherwise agreed. In the event of late payment, Poggio Torselli reserves the right to charge default interest at current bank rates.
The clauses contained in these general terms and conditions of sale may only be waived by written agreement between the parties.
For any dispute, the Court of Florence is agreed as the sole and exclusive competent court.
For anything not expressly provided for in these “General Terms and Conditions of Sale”, reference is made to the civil, tax and criminal laws in force.

Online Terms and Conditions of Sale

Art. 1 – Definitions and subject of the contract

These general terms and conditions of sale govern the distance selling of the products and goods offered on the website www.poggiotorselli.it (the “Site”) owned by Poggio Torselli s.r.l. Società Agricola (abbreviated to Poggio Torselli), with registered office at Via Scopeti, 10 – 50026 San Casciano in Val di Pesa (FI), Italy – VAT no. 04989060480, telephone +39 055 8290241, email: info@poggiotorselli.it, certified email (PEC): poggiotorselli@pec-inail.it.

Poggio Torselli’s contractual counterparty is the Customer, whether a “Consumer” or a “Professional”, depending on whether they act for purposes outside or within the scope of a business, commercial, craft or professional activity. The following provisions apply equally to both, except where expressly reserved to Consumer Customers only.

Contracts concluded by Poggio Torselli with Consumer Customers are governed by the Italian Consumer Code (Legislative Decree no. 206 of 6 September 2005), in particular sections II (articles 50 to 61), III (articles 62 and 63) and IV (articles 64 to 67).

Poggio Torselli may amend these general terms and conditions of sale at any time and without notice. Such amendments will, however, only be valid and effective once published on the website www.poggiotorselli.it.

The subject of the contract between Poggio Torselli and the Customer is mainly the alcoholic products offered for sale on this site. For these products, the Customer must therefore declare and, where required, prove that they are of legal age or otherwise authorised to purchase and receive them under the laws of the place where they are to be delivered.

Art. 2 – Purchasing procedure and acceptance of the general terms and conditions of sale

Poggio Torselli products are purchased by placing and accepting orders.

The Customer may only purchase the goods listed in the Site’s catalogue at the time the order is placed, at the prices and in the quantities stated there.

For purchases of wine, the minimum quantity (including mixed types) is 1 (one) bottle.

By placing an order, the Customer acknowledges and fully accepts these general terms and conditions of sale.

The contract is deemed concluded when the following steps have taken place:

Poggio Torselli receives the Customer’s purchase order;
Poggio Torselli sends confirmation of the order to the email address provided by the Customer.

The order confirmation will state the unit cost of each product chosen and the total amount if several products are purchased. Poggio Torselli may always refuse to accept an order, in whole or in part, and in such cases will have no obligation to indemnify or compensate the Customer.

It is further understood that the product images on the site are for the sole purpose of presenting the products for sale, with no guarantee or commitment by Poggio Torselli as to their exact correspondence with the actual product.

Art. 3 – Prices and product availability

The prices of the products sold include VAT only.

The Customer acknowledges that, since several users may access the site at the same time, products may not be available. Orders will therefore only be fulfilled once all the products are available. However, at the Customer’s express request, Poggio Torselli may partially fulfil the order. In this case, the Customer will bear the shipping costs of each individual delivery.

Poggio Torselli makes no commitment and cannot guarantee immediate delivery of the products purchased and shown as available on the site, and cannot be held responsible for any delays in delivery.

Art. 4 – Payment methods

When concluding the contract, the Customer may choose to pay for the purchased products by credit card, advance bank transfer or cash on delivery.

Accepted credit cards are those of the VISA, MASTERCARD and AMERICAN EXPRESS networks, as well as PAYPAL.

Bank transfers must be made to the following account:

Poggio Torselli Srl
IBAN: IT 20 T 02008 02837 000400115376
BIC / Swift: UNCRITM1F86
UNICREDIT
Branch via Dei Vecchietti 11 – 50123 Florence, Italy

If payment by advance bank transfer is chosen, the order will only be fulfilled once Poggio Torselli has actually received the amount due. The Customer must make the bank transfer within 3 (three) working days of the order confirmation, failing which the order will be cancelled.

The payment reference must state the order number and the Customer’s name. Once chosen, the payment method cannot be changed.

Cash on delivery is not accepted.

Art. 5 – Shipping methods, terms and risks

Purchased products will be shipped to the address provided by the Customer by the couriers MBE Mail Boxes Etc., Bet Service Srl, D e T Delli Tecnotrans Srl or similar, within five working days of confirmation of payment of the order.

All deliveries of products are at Poggio Torselli’s risk until they are handed over to the forwarder, carrier or other agent responsible for delivery.

The Customer may not hold Poggio Torselli liable, on any grounds, for delays in fulfilling the order or delivering the products covered by the contract. Force majeure, unavailability of means of transport, and unforeseeable or unavoidable events that delay deliveries, make them difficult or impossible, or significantly increase the cost of delivery for Poggio Torselli, will entitle Poggio Torselli to:

split and/or postpone the scheduled delivery;
cancel the scheduled delivery, in whole or in part;
terminate the contract, in whole or in part.

Poggio Torselli will promptly and adequately inform the Customer of its decisions at the email address provided by the Customer, and in the case referred to in letter c) the Customer will be entitled to a full or partial refund, as the case may be, of any price already paid, excluding any further claim for indemnity and/or compensation.

Art. 6 – Delivery costs

Shipping and delivery costs are stated before the order is placed.

Products are delivered at street level. To carry out the delivery, the Customer or a person acting on their behalf must always be present at the address provided on the scheduled delivery day. If the Customer (or their representative) is absent, the courier will leave a notice of a second delivery attempt on the following working day, together with a telephone number to arrange a different delivery date.

If the recipient does not get in touch, the shipment will be held in storage and may be collected from the courier’s warehouse or another location designated by the courier for a period of 15 (fifteen) days, after which the goods will be returned to Poggio Torselli. In such cases, Poggio Torselli will have no obligation to refund the Customer the amount paid in advance for the order, which shall be deemed expressly waived, and may charge the costs of storage and return to sender, which will be promptly notified to the Customer.

Art. 7 – Inspection of goods

When the goods are delivered by the courier, the Customer must check that the number of packages delivered matches that stated in the transport document and that the packaging is intact, undamaged and in no way altered, including the closures, carefully checking for any signs of breakage such as, by way of example only, leaking liquid and/or damp packaging.

Any damage to the packaging and/or products and/or any discrepancy in the number of packages and/or in the information must be disputed immediately by the Customer by writing “goods accepted with reservation due to the following anomaly: ……….” on the courier’s delivery receipt. In addition, on pain of forfeiture, the Customer undertakes to notify Poggio Torselli promptly, and in any case no later than 8 (eight) days from the date of delivery, of any complaint concerning the physical integrity, correspondence or completeness of the products received. The complaint must be sent by registered letter with acknowledgement of receipt (or by email, provided it is followed by a registered letter with acknowledgement of receipt within the following forty-eight hours) and must include at least one photo of the product and its packaging.

Art. 8 – Invoicing

Poggio Torselli will issue a regular receipt for the products purchased by the Customer.

If a Professional Customer requests an accompanying invoice, they must also provide their VAT number. No changes to the invoice will be allowed after it has been issued. The Customer is therefore responsible for the accuracy of the information provided when placing the order.

Art. 9 – Limitation of liability

The Customer releases Poggio Torselli from any contractual or non-contractual liability for direct or indirect damage to persons and/or property caused by the non-acceptance, even partial, of an order.

Poggio Torselli is not liable for any damage, including to third parties, caused as a result of its own minor negligence.

Except in cases of wilful misconduct and gross negligence, Poggio Torselli cannot be held liable, on any grounds or for any reason, for amounts exceeding those paid by the Customer under the contract.

Any warranty for defects in the products sold resulting from improper storage by the Customer is also expressly excluded. In this regard, the Customer acknowledges that the products sold by Poggio Torselli must be stored in conditions suited to their nature. In the case of wine, the bottles should preferably be kept lying horizontally, in dimly lit rooms and at a constant temperature never exceeding 25 °C, as otherwise the wine’s characteristics may be compromised, in particular its volatile components, which may deteriorate irreparably.

Art. 10 – Right of withdrawal

Consumer Customers have the right to withdraw from the purchase contract without penalty within 14 (fourteen) working days of receipt of the goods, by written notice sent to Poggio Torselli by registered letter with acknowledgement of receipt (or by email, provided it is followed by a registered letter with acknowledgement of receipt within the following forty-eight hours).

It is not possible to exchange a single bottle of wine, several bottles of wine or any other chosen product for other packages without additional costs.

In the notice, the Consumer Customer must state the product or products for which they wish to exercise the right of withdrawal, the order number and date, the invoice number and their IBAN code. They may then send back the goods.

In addition to the above, the right of withdrawal is deemed correctly exercised only if all of the following conditions are met:

the purchased products are substantially intact;
the products are returned in their original packaging;
the products are sent in a single shipment;
the products have not been used or damaged.

The costs of returning the products shall be borne by the Consumer Customer, including liability in the event of loss of or damage to the products.

Once the integrity of the returned product and its conformity with the order have been verified, Poggio Torselli will refund the amounts received to the Consumer Customer by bank transfer as soon as possible and in any case within 15 (fifteen) days of the date of return.

Failure to comply with the conditions and procedures for exercising the right of withdrawal set out above will not give rise to any refund, and the contract will remain fully valid and effective.

The right of withdrawal is reserved to natural persons only, previously defined as “consumers”. Professional Customers are therefore excluded from the right of withdrawal.

Art. 11 – Industrial and intellectual property

The contents of the Site are protected by the applicable copyright and industrial property laws. Any extraction or reuse of the Site’s contents is prohibited without the express authorisation of Poggio Torselli. In particular, by way of example only, the extraction and reuse of texts, photographs, videos, databases, reproductions, drawings and any graphic representation on labels and packaging are prohibited.

The Customer is also informed that the Site may contain trademarks, domain names, company names, business names and signs of third parties with whom Poggio Torselli has commercial relationships. These enjoy the same protection granted to Poggio Torselli’s distinctive signs under the applicable laws.

Art. 12 – Processing of personal data

Poggio Torselli will process the personal data provided by the Customer for the online purchase of products in compliance with the legislation on personal data protection (Personal Data Protection Code – Legislative Decree no. 196/2003 as amended), mainly by electronic means. Processing will involve the operations, or set of operations (such as, by way of example only: collection, recording, organisation, storage, processing, communication, modification, selection, use, erasure, destruction), concerning the personal data provided by the Customer when filling in and submitting the online purchase order.

Processing may be carried out:

to fulfil tax, accounting or other legal obligations;
to manage and perform the contract and to fulfil the obligations arising from and connected with it, such as, by way of example only, the provision of transport services.

For the purposes referred to in points 1) and 2), providing the data, although optional, is necessary for the online purchasing service, and any refusal to provide them will make it impossible for Poggio Torselli to provide the service. The Customer’s consent is not required for the processing referred to in points 1) and 2) above.

For the proper performance of the above activities, the data will mainly be accessed by those acting as data processors for Poggio Torselli for the purposes indicated above and for those connected with its institutional tasks (e.g. IT service providers, data entry, transport and delivery).

The data controller is Poggio Torselli.

With regard to the data processed, the Customer may at any time exercise the rights granted by article 7 of Legislative Decree no. 196/2003 and, in particular, obtain a copy of the data processed, request their updating, rectification, integration or erasure, their anonymisation or blocking if processed unlawfully and, finally, object to processing on legitimate grounds.

To exercise these rights, the Customer may write to Poggio Torselli at its registered office at Via Scopeti, 10 – 50026 San Casciano in Val di Pesa (FI), Italy, for the attention of the Data Processing Manager.

Art. 13 – Jurisdiction and competent court

The sales contract between the Customer and Poggio Torselli shall be deemed concluded in Italy and governed by Italian law.

Any dispute arising in relation to the application, performance, interpretation and breach of the contract shall fall under the exclusive jurisdiction of the Court of Florence.

Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the Customer declares that they specifically accept the clauses of these General Terms and Conditions of Sale relating to: Art. 2 – Purchasing procedure and acceptance of the general terms and conditions of sale; Art. 3 – Prices and product availability; Art. 5 – Shipping methods, terms and risks; Art. 6 – Delivery costs; Art. 7 – Inspection of goods; Art. 9 – Limitation of liability; Art. 10 – Right of withdrawal; Art. 13 – Jurisdiction and competent court.