1. Premises

These Terms of Sale (hereinafter referred to as “General Conditions”) govern the sale of products marketed by the company CASCINA SAN GIOVANNI S.S. AGRICOLA of SCANZOROSCIATE (BG), based in SCANZOROSCIATE (BG). Via  San Giovanni, 2 PEC address cascinas.giovanni@legalmail.it VAT number 03382120164. (hereinafter also “Seller” or “Company”) to ensure maximum transparency and clarity in the relationship with users or Buyers. The sending or delivery of any purchase order by the Buyer to our company implies full and unconditional acceptance by them of the company’s general terms of sale, even if not signed by them. These General Conditions are available on our website where it is indicated how to download them and are therefore considered known by all Buyers. All sales and purchase operations between the Seller and the Buyer will be governed by the following General Conditions.

2. Registration

Users who wish to purchase on cantinamartinelliscanzo.it and buy the products available on the site must register. The “user who proceeds with registration declares to have read the” Privacy Policy, and that the personal data entered is truthful and correct, assuming full responsibility for the information provided. In case of changes, the “user is required to promptly inform the” company.

3. Acceptance of the terms of sale/contractual formalization

The contract concluded between the company CASCINA SAN GIOVANNI S.S. AGRICOLA and the Buyer is considered concluded and binding between the parties, with the acceptance, even partial, of the order by CASCINA SAN GIOVANNI S.S. AGRICOLA. This acceptance is deemed to have occurred, unless otherwise communicated to the Buyer, by any means. By placing an order in the various methods provided, the Buyer declares to have read all the information provided to them during the purchase procedure, to have fully viewed the description of the chosen products, the supply conditions governing their provision, and to fully accept the general terms of sale.

The transmission of the order commits the Buyer to the prices, list conditions, and general terms of sale of the company in force at the date of order confirmation. The company reserves the right not to accept incomplete or improperly completed orders. The contract is considered concluded and binding for both parties when the purchase order confirmation is sent to the Buyer.

4. Product availability and order fulfillment

The e-commerce system adopted on the site cantinamartinelliscanzo.it is designed to ensure maximum transparency to the Buyer, indicating in real-time the exact status of product availability in stock and related delivery times.
If the request made by the Buyer through the order exceeds the available quantity for a given item, the company will accept the purchase limited to what is actually available in its virtual warehouse. It will be the responsibility of the company’s Customer Service to inform the Buyer (by phone or email) if the ordered products will be less available in the future.

It is also reminded that the images and information contained within the product sheets are indicative and may sometimes not fully correspond to the actual characteristics of the item, despite the company’s utmost care and attention to this aspect.

5. Orders

Orders are accepted only and exclusively via the Internet (online). The “Buyer who sends the” order directly from the site will receive, at the end of the procedure, a confirmation email of the “order, with the” indication of the related order “number. In the” event that, after the “order is sent, the order number does not appear (after a few minutes), the proposal will be considered as not accepted, for all legal purposes, even if for accounting, administrative reasons or due to lack of product.
It is possible to “cancel an order only if it has not yet been processed and the goods have not yet been shipped, by phone or by written communication to be sent via email to the” address info@cantinamartinelliscanzo.it.

For orders already processed, the Buyer must exercise the Right of Withdrawal as per the following Art. 16.

6. Sales prices / payments

All sales prices of our goods are displayed on the site cantinamartinelliscanzo.it, are indicated in Euros and include VAT and are always considered Ex Works, unless otherwise agreed between the parties. The prices applied are those indicated in the price list or in the “last offer sent to the” Buyer by our company, valid at the time of delivery of our products. The “Buyer can make the payment via PayPal, credit card, or advance bank transfer. Prices may change without notice. Shipping costs are borne by the” Buyer, clearly displayed before the completion of the “order. In case of price discrepancies, following the” Buyer’s “order, these will be immediately communicated, by phone or email, to the” Buyer who, without any penalty, may withdraw from the “purchase commitment undertaken.”

7. Delivery methods and times

The supply of goods is considered Ex Works. Shipments are made exclusively by courier, which delivers within 10/20 working days (except for some exceptions) following the “order fulfillment throughout Italy. The delivery terms indicated in the order confirmation are not essential terms. Transport costs are borne by the” Buyer, clearly visible at the time of “placing the” order. (Please always provide a phone number in case issues arise for the courier). For uninsured goods  CASCINA SAN GIOVANNI S.S. AGRICOLA assumes no responsibility for the loss, tampering, or breakage of the purchased product(s) and any delays in delivery by shipping companies. The delivery of Products is subject to payment by the Buyer of the relevant price using the method chosen from those available on the site  cantinamartinelliscanzo.it and illustrated under the “Payment Type” section previously agreed between the “Buyer and the Seller and accepted by the” latter. For more information, go to the Shipping page.

Force majeure (industrial disputes and any other circumstance beyond the seller’s control such as fires, wars, floods, droughts, strikes, breakdowns and failures in production plants, massive military mobilizations, revolutions, confiscations, embargoes, roadblocks, delays or defects in deliveries by subcontractors due to any circumstance related to this clause) or other exceptional or unforeseeable circumstances occurring to our company or our suppliers (such as, by way of example, production delays, non-compliance of the product with the technical sheet detected following specific analyses at accredited laboratories, etc.) suspend the delivery terms, without any liability for our company. Our company will not be held responsible for delayed/non-delivery due to force majeure or other exceptional or unforeseeable circumstances occurring to our company or our suppliers that may occur during the production/processing process or during loading and/or transport. Causes of force majeure or other exceptional circumstances also include delays caused by changes in customs procedures determined by new political arrangements and/or modifications of international agreements between States. In particular, by way of example and not exhaustively, reference is made to: increase in customs formalities; application of duties; application of prohibitions or restrictions involving the request for specific import licenses; need for declarations regarding payments and tax obligations (e.g., application of VAT); any customs clearance operations of goods (e.g., for movements and control of excise goods); need to carry out labeling, stamping, identification, certification, and composition operations of goods based on current food legislation; limitations to the transport system. If there is a delay in the delivery of goods exceeding 30 (thirty) days, not due to force majeure or other unforeseeable events, the Buyer is obliged to contest such delay in writing to our company, which will have an additional 30 (thirty) days to make the delivery. No right to compensation for damages will be due to the Buyer. In the case of split deliveries, the preceding provisions apply. Our company is not liable for damages from early or late delivery, total or partial.

8. Risk of loss of goods

The risk of loss or damage to the goods passes to the “Buyer at the latest when the same goods leave the premises or warehouses of our Company or upon delivery to the forwarder/carrier or to the same Buyer who collects the supplied goods. Following the transfer of risks, our Company is not liable for the loss or damage of the goods. In case of delay by the” Buyer in taking delivery of the goods, the risk, if not already passed to the “Buyer according to the previous paragraph, will be transferred to them on the scheduled delivery date. Any delivery delay due to autonomous collection by the” Buyer or their agents cannot generate complaints from the “Buyer. The” Buyer is obliged to pay the full price in case of damage or loss of the goods occurring after the transfer of risks to them.

9. Inspections

The Buyer is obliged to verify the conformity of the goods and the absence of defects within 8 (eight) days of receipt, and in any case before carrying out any additional processing on them. Any complaints will be considered valid only if communicated in writing via PEC within 8 (eight) days of receipt of the goods. Any hidden defects must be reported in writing, via PEC within 8 (eight) days of discovery. Any complaints must be detailed and specific, indicating exactly the defects found and, upon request by our Company, must also include the return of the defective product at the Buyer’s expense to allow for the necessary inspections.

10. Warranties

Our Company guarantees the conformity of the products: conformity of the products means that they correspond in quality and type to what is established in the contract and valid technical sheet and that they are free from defects that may make them unsuitable for the intended use. Samples, indications contained in brochures, or information resulting from other advertising material are not binding and do not contain any promise of quality in relation to the products. Our Company assumes no responsibility for the conformity of the product to the regulations of Foreign Countries where the product will be used or intended, regarding any special uses, regarding the uses usually provided in the destination countries.

11. Content of the Warranty

In case of contestation of defects within the terms and in the manner provided for in Art. 9 above, our Company will carry out an inspection of the contested product as soon as it is sent to our plant or warehouse at the Buyer’s expense. If the defects or faults contested are accepted by our Company, we will proceed with the replacement of the supply of products of the same kind and quantity as those found non-compliant based on product availability. Before replacing the goods, the Buyer must return the defective goods to us, agreeing with our Company regarding the destination of the claimed goods. The replacement is only for the damaged/claimed quantity and not for the entire batch. No compensation for damages is due, in particular, the Buyer cannot make other claims for damages, price reduction, or contract termination. In case of goods damaged during transport: only the goods transported by couriers appointed by our Company will be compensated and only if the damage is properly reported on the transport documents/ CMR/ slips / IT systems (such as handheld devices) used by the Carrier. In no case is our Company liable for indirect or consequential damages, for damages from missed or reduced production even with respect to the already agreed delivery terms.

12. Prohibition of assignment

This contract and the rights deriving from it cannot, in whole or in part, be assigned by the “Buyer, without the written consent of our Company. The Company retains the right to assign to third parties the credit right arising from the Order Confirmation – sales contract against the” Buyer.

13. Form, exclusivity, and nullity

Any modification to this contract will not be valid unless made in writing and approved by our Company. The “possible nullity of any of the clauses provided in this contract will not entail the nullity of the” entire contract, which will be integrated and interpreted in its entirety.

14. Intellectual property

The “Buyer acknowledges that the trademark, and/or other trademarks displayed on the Products or related to the Products supplied, and/or names and distinctive signs, as well as the models, designs related to the products and other technical documents related to them are the exclusive property of the” Company or third parties who have licensed them. Unauthorized “use of the trademarks displayed on the products or related to the products supplied, and/or names and distinctive signs, as well as the models, designs related to the products and other technical documents related to them is prohibited. In particular, the” Buyer is prohibited from fully and/or partially reproducing models, designs related to the products purchased or viewed, or exploiting the technical information related to them for purposes not directly connected to their supply. Furthermore, the “Buyer is prohibited from communicating news and technical information concerning the products that may also allow their reproduction. It is also prohibited for the” Buyer to delete or alter the trademarks or other distinctive signs affixed to the Products.

15. Termination

Our Company may terminate this contract, without notice, by declaring its intention to terminate, communicated in writing to the Buyer via PEC or email or fax upon the occurrence of one of the following events that constitute express termination clauses pursuant to Art. 1456 of the Civil Code: 1. Non-payment, partial or total, of what is due by the Buyer according to the times and methods provided in this contract, unless our Company exercises the right to request the fulfillment of the contract, in any case with payment of the amount established in this contract, and subject to redetermination of the terms of split deliveries, in addition to compensation for damages; 2. In case of bankruptcy of our Suppliers of the goods subject to the Order Confirmation by the Buyer.

16. Right of withdrawal

The company adheres to the Consumer Code (Legislative Decree No. 206 of 09/06/2005), concerning the reorganization of current consumer protection provisions, which includes most of the regulations issued by the European Union. The right of withdrawal consists of the consumer’s ability to withdraw, within 14 working days, from any distance purchase and receive a full refund of the purchase cost without any penalty, as provided in Legislative Decree 185 of 05/22/1999, which obviously includes purchases made via the Internet. The only non-refundable expenses would be shipping costs, which remain excluded from the regulations of the Legislative Decree. 185/1999. Please note that EU regulations specify that the right of withdrawal can only be exercised by natural persons (consumers) acting for purposes that can be considered unrelated to their commercial activity. Therefore, the right of withdrawal cannot be exercised by legal entities and natural persons acting for purposes related to commercial activity. Purchases made by retailers or entities who purchase for resale to third parties are also excluded from the right of withdrawal. The right of withdrawal does not apply to food products that, by their nature, cannot be returned or risk rapid deterioration or alteration. To exercise the right of withdrawal, it is necessary to send, within 14 days of receiving the goods, a registered letter with return receipt to the address  Via San Giovanni, 2 Scanzorosciate, Bergamo, 24020 info@cantinamartinelliscanzo.it. or by phone at +39 328 9607182 The right of withdrawal can be exercised by the natural person who made the purchase. The right of withdrawal is completely void if the returned product is not intact, specifically in cases of: 1) lack of original packaging; 2) missing product components; 3) product damage for reasons other than transport. After verifying the integrity of all product components, the company will proceed with the refund of the paid amount, except for shipping costs, within one month of the verification. Not all products can be returned; the law DOES NOT ALLOW THE RETURN of perishable food products. To protect our Customers and for hygiene reasons, the right of withdrawal can only be exercised for products that can be resold without risks to consumer health. For this reason, it is not possible to return food products for which adequate preservation cannot be guaranteed.

17. Protection of Minors

Minors under 18 are not authorized to submit orders through the order form unless under the supervision of an adult family member.

18. Complaints

For any complaints, you can contact Customer Service at +39 328 9607182, via email at info@cantinamartinelliscanzo.it or in writing to Via San Giovanni, 2 – Scanzorosciate, Bergamo, 24020 Within 5 working days of receiving the complaint, Customer Service will contact the Buyer to indicate the timing and methods for handling the complaint.

19. Applicable Law and Jurisdiction

This agreement is governed by Italian Law. For any dispute that may arise regarding the interpretation and execution of this contract, the exclusive jurisdiction will be the court of  CASCINA SAN GIOVANNI S.S. AGRICOLA, excluding any other court, whether alternative or concurrent. The Buyer/user accepts that any dispute will be handled by the Court of BERGAMO

20. Privacy

The data provided will be processed in compliance with Legislative Decree 196/2003 and Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 2016 (GDPR). The Buyer declares to have received the information on personal data processing and authorizes the processing, communication, and dissemination of data necessary for the conclusion of this supply contract. Both parties also commit to fulfill, at their own care and expense, any requirements of the regulations regarding third parties under their responsibility that may become necessary during the contractual relationship for the fulfillment of the received assignment. The Buyer declares to have read all the commitments expressly indicated in these General Conditions, in addition to the informative materials found on the Site  cantinamartinelliscanzo.it that regulate the online purchase of goods and to accept them as essential for proper contractual fulfillment. In particular, the Buyer declares to have read and accepted the preceding articles, with the signing of the digital form, also pursuant to and for the effects of articles 1431 and 1342 of the Civil Code.

Please read, print, and keep the acceptance of the terms of sale.