Terms of service

This document constitutes a legal agreement between the user of this site, as User / Customer with the company Cappellani Alessandro (hereinafter RACINA / Seller / Owner) and governs the use of the website and, in any case, the use of the goods and services provided.

 

 

1. General conditions of sale

The offer and sale of products made on the website www.racina.it are governed by these General Conditions of Sale.
For any other legal information, consult the sections: General Conditions of Use, Privacy Policy and see the Right of Withdrawal (referred to in No. 13).

 

The Customer is required, before submitting their purchase order, to carefully read these general conditions of sale.

The forwarding of the purchase order implies full knowledge and express acceptance of both the aforementioned general conditions of sale and what is indicated in the Order Form.

The Customer / User is required, once the online purchase procedure has been completed, to print and keep these general conditions of sale and the related order form, which have already been viewed and accepted.

 

2. Subjects

The products are sold directly by the company Cappellani Alessandro (hereinafter RACINA / Seller / Owner), VAT number 01381680881 and with registered office in Via San Sebastiano 47 - 97100 - Ragusa (RG) (hereinafter RACINA). For any information request, you can contact the customer service: by email at the following address: info@racina.it

 

These General Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for products on www.racina.it and do not, however, regulate the supply of services or possibly the sale of products by different subjects that are present on the site through links, banners or other hypertext links. Before placing orders and purchasing products and services from parties other than the Seller, we recommend that you check the conditions of sale, as RACINA is not responsible for the provision of services by third parties other than the Seller.

The products are sold to the Customer / User identified by the data entered when completing and sending the order form in electronic format with simultaneous acceptance of these General Conditions of Sale.

 

3. Objects

These General Conditions of Sale have as their object the sale of products made online through an electronic commerce service on the website www.racina.it
Bottles of wine, spirits or similar, agri-food products or merchandising as present on the Site.

 

The products sold on the site can be purchased and delivered only in the countries indicated in the Order Form. Any orders for shipments to be made outside these countries will be automatically rejected during the order processing procedure.

 

4. Identification of the owner and general information.

RACINA is the commercial name of the sole proprietorship of Cappellani Alessandro.

 

These Terms and Conditions regulate access and use of the website www.racina.it, owned by the company of Cappellani Alessandro (hereinafter RACINA), VAT number 01381680881 and with registered office in Via San Sebastiano 47 - 97100 - Ragusa (RG), as well as the services and products offered by the same on its website.

RACINA allows the use of the website provided this is done in accordance with these Terms and Conditions. By visiting the website and using the services or applications of the website, the user explicitly accepts these Terms and Conditions. Access to the website will not require any registration by Users. Nevertheless, to purchase the goods and products offered by RACINA, the User will be required to register and accept these Terms and Conditions before proceeding with payment. These Racina Terms and Conditions, which will be described below, define the rights and obligations of RACINA and the Users of the Website. These are the only Terms and Conditions applicable to the use of the Website (although conditions may exist details for certain services) and the forwarding of orders through the website, and replace any other conditions unless prior written agreement between RACINA and the User.

 

5. User data, registrations and issuance of tax documents.

In order to purchase the products offered through the RACINA Website, it will be necessary for the user to carefully read and fully accept the privacy policy and these general conditions by registering by filling in, truthfully and completely, the data requested in the relevant form / registration form. available on the Website.

 

The User will be responsible for safeguarding the confidentiality of the data and information provided, as well as for limiting access to their computer and access data to avoid the possibility of unauthorized use. In the event that the user has reason to believe that his data has been disclosed to a third party, or that these have been used without prior authorization, or that there is a risk of this happening, he must immediately notify RACINA. The User must ensure that his data is correct and complete and inform RACINA when the data provided during the purchase undergoes any variation and / or modification.

The Customer is prohibited from entering false and / or invented and / or fictional names in the online ordering procedure and in further communications. RACINA reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.

Furthermore, by accepting these Conditions of Sale, the User / Customer exempts RACINA from any liability deriving from the issue of incorrect tax documents due to errors in the data provided at the time of placing the online order, being the User himself as the customer is solely responsible for their correct insertion.

 

ORDERS AND CONDITIONS OF SALE

6. Order and purchase procedure

Each order sent constitutes an offer for the purchase of products.

 

Orders are subject to availability and the discretionary acceptance of the Racina company. The User must select the products and complete the check-out, after carefully checking the information contained in the order summary. The order is made by confirming the order and is subject to payment of the price, taxes and shipping and payment costs indicated in the Order Summary form.

The Receipt of Order processing by Racina does not constitute acceptance of the order itself, in fact, the conclusion of the contract takes place when the Order Confirmation is sent by the Racina company to the e-mail address provided by the User.

Racina reserves the right not to confirm one or more orders, by communicating to the User within 5 working days of placing the order (s), at the e-mail address associated with his purchase, the possible unavailability of one or more of the purchased products. In this case, Racina will arrange with the User to replace one or more goods / products temporarily unavailable with other similar products or, failing that, to reimburse the price and shipping costs incurred by the User.

The services and products offered through the RACINA website are intended for purchase by users. In order to submit an order to RACINA, the user must be at least 18 years old. In any case, with the execution of the order, the Customer declares and guarantees to the Racina company that they are of age and the ability to enter into binding contracts with mandatory effects.

Through the website www.racina.it, Racina will send goods throughout Italy and abroad. To place an order through the Website, the user must provide a series of data before purchasing using the appropriate form. These data will be necessary in order to process the purchase order.

 

7. Delivery

Deliveries are made during normal business hours to the address indicated by the User and in the manner specified in the order summary.

 

Upon delivery, the User must check the content by specifying any anomalies in the delivery form, such as by way of example but not limited to, package integrity, worn, wet packaging etc. etc. In case of anomalies found, the same must be detected to the courier together with the refusal of the delivery which must be noted by the carrier (signature for receipt with "control reserve") failing that the user will be deemed forfeited from the possibility to assert rights to such about it. In case of failure to collect within the deadline set by the carrier, the products will be returned to the sender Racina, who will refund the price of the products, but not the shipping cost. The Racina company cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the User, for any damage that may have occurred to the Products after delivery to the carrier, where the latter has been chosen. and appointed by the User or for delays in delivery attributable to the latter.

 

8. Retention of title of the goods being sold

The ordered products will remain the property of the selling company until Racina receives full / full payment of the price of the ordered goods / products.

 

 

9. Availability of products

The prices, descriptions or availability of the products displayed on the site are subject to change without notice. The photos inserted are to be considered purely indicative and may not constitute an exact representation of the goods or products. However, Racina will do its best to present the characteristics of the products with the greatest degree of detail possible on the site and within each tab corresponding to the product viewed by the User. Nevertheless, the images and colors of the products offered for sale on Racina may differ from the real ones due to multiple factors including, but not limited to, photographic filters etc. Therefore, the User acknowledges and accepts that any minor differences do not constitute a lack of conformity of the products.

 

 

10. Execution of the Order

The Order is executed within the terms specified in the summary page and in the Order Confirmation email, subject to the availability of the ordered product.

 

Racina cannot be held responsible for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time of sending the Order Confirmation.

Once the form has been completed, the user must proceed with the payment of the order using one of the payment methods listed on the Website and in this point 11.

Once the payment has been made, the User will receive an e-mail message confirming the order. The message will include a summary of the items purchased, the method of sending requested and the address of the recipient. If a problem arises at the time of payment that prevents the successful outcome of the transaction, the user will receive an automatic payment error message and his order will not be forwarded until the payment process is completed successfully. The prices of the services are expressed in Euros (€). This includes taxes and handling and shipping costs, the amount of which will be indicated at the time of the final confirmation of each order

 

11. Methods of payment.

In order to pay the price due for the goods or products and the related shipping and delivery costs, the User may follow one of the methods indicated in the order form of the website www.racina.it as summarized below.

 

 

Credit cards and prepaid cards.

For online orders on the website www.racina.it we accept both payments by credit card and prepaid cards (for example, PostePay) without any additional charge on the cost of the product and shipping. It is understood that the User must be the holder of a valid credit card at the time of ordering the Goods or Products purchased online and that the name on the credit card must be the same as indicated on the billing information. In the absence of these conditions, it will not be possible to proceed with the order.

At the time of online purchase, together with the Order Confirmation, the reference bank will only make the commitment of the amount relating to the Order from the present availability of the User's credit card.
If, once the package containing the order has been received, the user should consider making use of the right of withdrawal, he explicitly refers to the conditions of withdrawal referred to in point 12 below.

If the User has a Paypal account, Racina will give the possibility to make payments directly using the email and password used to register on www.paypal.com.

In any case, it is specified that at no time during the purchase procedure is Racina able to know the information relating to the User's credit card (for example, the credit card number or the date of its expiry), information that will be transmitted via a connection protected by an encrypted protocol directly to the website of the person managing the electronic payment (bank or Paypal). No Racina computer archive will keep such data.

Under no circumstances can Racina be held responsible for any illegitimate, fraudulent or undue use of credit and prepaid cards by third parties.

 

Payment by bank transfer.

In case of payment by Advance Bank Transfer, the order will remain committed for no more than 3 days pending the crediting of the sum. After this period, the order is considered automatically canceled.

 

The dispatch of the order takes place only upon actual crediting to the current account of the Racina company. The purpose of the bank transfer must include the order ID (Date and order number). The bank details on which to make the transfer are:

BENEFICIARY: Alessandro Cappellani
BANKING INSTITUTE: Banca Mediolanum - Ragusa Agency
IBAN: IT05X0306234210000002226924

 

RETURNS, RIGHT OF WITHDRAWAL AND RETURN WARRANTY

12. Right of withdrawal

Pursuant to the current legislation for the protection of consumers, Legislative Decree 206/2005 and subsequent additions and amendments, and therefore only where he is a Consumer, the user has the right to withdraw from the order placed, without having to provide any reasons and without penalty, within 14 (fourteen) days from the day of receipt of the purchased good. If the User has instructed a trusted person to collect the goods, the right of withdrawal starts from the day the product is delivered to the designated person, other than the courier.

 

In the event that the User decides to exercise the right of withdrawal, he must communicate it by registered letter with return receipt to the address: company Cappellani Alessandro, current in Via San Sebastiano 47 - 97100 Ragusa (Ragusa), or by post e-mail to: info@racina.it, provided that such communication is confirmed by sending a registered letter with return receipt to the above address within the following 48 (forty-eight) hours or by certified e-mail to the address: taberna.ragusa@pec.it

In order to validly exercise the right of withdrawal, the relevant communication must be sent within the period of 14 days from receipt of the goods (the date of delivery to the post office will be valid between the Parties).

 

13. Effects of exercising the right of withdrawal

Where the User makes use of the right of withdrawal, he must return the product / products to Racina no later than 14 days from the day on which he communicated the withdrawal.

 

The returned goods, products or single product must be accompanied by a copy of the electronic order receipt. The User will be held responsible only for the decrease in the value of the goods resulting from the handling of the Product other than that necessary to recognize the Product with certainty. 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 the accessories present, still attached to the Product, intact and not tampered with, as well as free from signs of wear. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and / or accessories (which do not constitute autonomous Products) of the goods or Products.

If the right of withdrawal has been exercised in accordance with the provisions contained in the preceding clauses 11 and 12, Racina will reimburse the User for all sums paid, except for the costs of returning the product, which are the sole responsibility of the User. In particular, Racina will proceed free of charge to the transmission of the re-credit order relating to the cost of the goods shipped including shipping costs (in the case of partial withdrawal, the amount of the delivery costs to be returned following the withdrawal will be calculated proportionally with respect to to the value of the goods subject to withdrawal). This operation will be carried out by crediting the same payment method used by the User for the purchase or by any means agreed between the Parties.

The reimbursement of the sums in favor of the User is free and is carried out as quickly as possible, and in any case within 14 days from the date on which Racina will come into possession of the Products, verifying their integrity in all their parts, non-use and return in original packaging.

In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. Racina will notify the User, rejecting the request for withdrawal. If the Product has already been received by Racina, it will remain at the same available for collection which must be carried out at the User's care and expense.

They are not refundable in any way pursuant to art. 59 Consumer Code Products unsealed / opened / partially used / made to measure or in any way modified or customized.

 

14. Guarantee of conformity and defective products

All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles. 128-135 of the Legislative Decree n. 128-135 of the Consumer Code (Legal Guarantee). The Legal Guarantee is reserved for consumers. Therefore, it applies only where the User has made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

 

Where the User has purchased on the Site but does not act as a consumer, the guarantee for defects in the thing sold, the guarantee for defects in promised and essential quality and the other guarantees provided for by the Italian Civil Code with the relative guarantees will be applied to him. terms, forfeiture and limitations.

Racina guarantees compliance with all regulations regarding the conservation of products until the time of delivery to the place indicated in the order. In the case of the User's trusted carrier, the guarantee does not cover the defects that may have been caused by the User's work. Any defects or faults caused by accidental events or by the responsibility of the User / recipient or by a use of the product that does not comply with its intended use and / or as provided in the indications / instructions contained in the information on the use of the product itself, including those relating to the time and method of storage of the product.

 

15. Indemnity

The User undertakes to indemnify RACINA (as well as any companies controlled or affiliated by it, its representatives, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal expenses incurred to defend itself in judgment, which should arise in the face of damage caused to other Users or third parties, in relation to the content uploaded online, to the violation of the law or of the terms of these conditions of service.

 

 

16. Limitation of Liability

All the functionalities accessible through RACINA are made available to the Users, under the terms and conditions of the Contract, without any guarantee, explicit or implicit, which is not mandatory by law. In particular, no guarantee is provided of the suitability of the services offered for the particular purposes that the User sets himself.
The use of the RACINA site and the features accessible through it is carried out by the Users at their own risk and under their own responsibility.

 

In particular, RACINA, within the limits of applicable law, is liable for damages of a contractual and extra-contractual nature towards Users and third parties exclusively by way of willful misconduct or gross negligence when these constitute an immediate and direct consequence of the activity of the Owner-RACINA. Therefore, the Owner will not be responsible for:

- any losses that are not a direct consequence of the breach of the Agreement by the same;

- any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, but not limited to, commercial losses, loss of revenues, revenues, profits or presumed savings, loss of contracts or commercial relationships , loss of reputation or goodwill value, etc.);

- damages or losses deriving from interruptions or malfunctions of the selling company due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will and outside the control of the Owner such as, by way of example and not exhaustive , breakdowns or interruptions to telephone or electrical lines, to the internet and / or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the supply of third-party products, services or applications set off; ed

- incorrect or unsuitable use of the RACINA site by Users or third parties.

 

17. Use of the website

The use of the Website for the purposes of fraud, criminal crimes or illegal activities of any kind is prohibited. The sending, use or reuse of illegal, offensive, abusive, indecent, defamatory, obscene and threatening material of any kind is also prohibited. It is also forbidden to send, use or reuse material that involves the violation of rights deriving from intellectual property, registered trademarks, confidentiality, privacy or any other right, or that is in any other way offensive or censurable for third parties, or that contains computer viruses, political propaganda, advertising, chain e-mail messages, mass sending messages or any other type of "spam" and, in general, any type of unnecessary disturbance or inconvenience. The User undertakes to make lawful, diligent, honest and correct use of the information or content to which he has access through the Website or through third party web pages to which he has access through links contained on the Website, and that all this takes place in by virtue of the principles of good faith and in compliance, at any time, with the laws in force and these Terms and Conditions. Likewise, the user undertakes not to cause, maliciously or intentionally, damage or inconvenience that may affect or alter the Website itself and not to introduce or spread computer viruses that may cause unauthorized alterations to the contents or integral systems of the Website. RACINA reserves the right to deny access to the Website and to cancel the orders of those Users who make incorrect use of the contents and / or who do not comply with any of the conditions listed in this document.

 

 

18. Privacy and Policy

For all information on the use of personal data, users / customers should refer to Racina's Privacy Policy which is to be considered an integral part of these Terms and Conditions.

 

 

19. Intellectual or industrial property

The intellectual property rights of the www.racina.it page, its source code, its design, its navigation structures and the various elements contained in the same page are the property of RACINA, which is responsible for the exclusive exercise of the rights of use of the same in any form and, in particular, which is responsible for the exclusive exercise of the rights of reproduction, distribution, public communication and transformation, in accordance with the applicable Italian and European legislation. RACINA informs that it does not grant any explicit or implicit license or authorization in relation to its intellectual and / or industrial property rights or in relation to any other right or property related, directly or indirectly, with the contents of the Website. Total reproduction is strictly prohibited. or partial of the contents of the Website, also via hyperlink, without the express and written consent of RACINA itself. Unauthorized use of these contents will result in the responsibilities established by law. In the event that any Clause of these Terms and Conditions is declared null, invalid or ineffective, the aforementioned clause will be eliminated while the other Clauses will remain in force and will be interpreted taking into consideration the spirit of these Terms and Conditions.

 

 

20. Applicable law and competent court

These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to Italian law, to the jurisdiction of the Italian State and to the exclusive jurisdiction of the Court of Ragusa of the place where the RACINA Controller has its registered office. The exclusive forum of the consumer is an exception, if the law provides for it as mandatory.