Terms and Conditions

1. Field of Application

1.1 These general conditions (“General Conditions“) regulate the selling of wine, the selections of wines and any other product (“Products“) sold by Fattoria Italiana Martelli S.r.l. (hereinafter, the “Seller”).

1.2 The General Conditions apply to all sales of the Products concluded by the Seller with each client (hereinafter, the “Buyer”), regardless of the place of signature or execution of the relative contracts, regardless of the place where the Buyer has its offices, residency or interests. The General Conditions also apply regardless of the physical or legal nature of the Buyer or of the purchase of the Products for personal or professional use.

1.3 The Buyer must read the present General Conditions carefully, as well as all other information relevant to the purchase of the Products published by the Seller on its website: https://fattoriaitalianamartelli.com (hereinafter, the “Website”).

1.4 The Buyer commits to respect the present General Conditions by sending or accepting the purchase of Products or by having a purchase order issued.

1.5 The General Conditions integrate the agreements in writing possibly existing between the Seller and the Buyer, notwithstanding that in the event of conflict between the General Conditions and the aforesaid written agreements, the latter shall take precedence on the former.

1.6 The Seller reserves the right to modify the General Conditions through the publication on its Website.

2. Relations between the parties

2.1 The Seller is not obliged to complete the orders or accept the purchasing proposals of the Buyer. Acceptance of orders and proposals is subject to the availability of the Products and is in any case determined by the Seller

2.2 The Seller reserves the right to modify at any time the range of products and to subject the acceptance and processing of orders and purchasing proposals to the provision of adequate guarantees or payment, in part or in full, of the amount due.

2.3 In the event of rejection of orders or proposals, in the event of inability to fulfil orders on behalf of the Seller, nothing is due the Buyer by way of reimbursement, compensation, settlement or in any other capacity except in the case of intent or gross negligence of the Buyer except the obligation to refund the share of payment already anticipated for the purchase of the Products.

2.4 Orders and purchase proposals may be accepted by the Seller either in written form or by conduct through the delivery of the Products.

3. Information on the products

3.1 The technical specifications of the Products are published on the Website and are assumed to be known by the Buyer.

3.2 Any information, description or specification provided on the Website, price lists or catalogues, as well as in any other advertising or illustrative material prepared by the Seller, is exclusively meant to identify the items.

3.3 The Seller reserves the right to modify the Products and packaging as considered appropriate, both from an aesthetic and functional point of view, and always in compliance with the legal provisions applicable.

4. Prices and Terms of Payment

4.1 The amount due for the selling of the Products is the one indicated in the price list of the Buyer (“Price List”), at the time the order is placed or a contract proposal is accepted unless a different agreement has been made between the parts. Possible discounts or special terms for the Buyer are agreed upon in writing in formal contractual documentation between the parts.

4.2 The amount due indicated in the Price List is in Euros and includes VAT. The abovementioned prices do not include delivery costs, nor charges, duties, taxes or other costs that may occur from exporting the Products and from the completion of customs formalities, which remain entirely at the expense of the Buyer.

4.3 The Seller reserves the right to make any changes, at any time and without prior notification, to the Price List.

4.4 The Seller declines any responsibility for mistakes in the Price List, printing or transcription errors.

4.5 In the absence of a different written agreement, the amount or balance (minus any payments made in advance) due must be paid within 60 (sixty) days of the invoice date or – if antecedent – of the day of preparation for the delivery of the goods, by means of bank transfer to the account specified in the invoice.

4.6 The payment of the amount due is considered completed once the amount is available to the Seller. Any expenses or bank commissions are paid by the Buyer.

4.7 In the event of late payment or failure to pay part or the full amount, the Seller has the right to interests on the outstanding amount, equal to the rate of the main refinancing tool of the BCE applied to the latest operation of refinancing, to which 8 percentage points must be added, in compliance with the Legislative Decree 231/2002 or to the interest rate agreed upon in writing between the parts. The aforesaid rate shall be calculated from the day following the deadline for payment until the day when the Seller receives payment of the full amount.

4.8 The right of the Seller to the payment of interests on arrears must be considered in addition and not in lieu of any other rights or remedies which may arise from, or by reason of, said non-payments or late payments.

4.9 If the Buyer does not provide for the payment or is late, the Seller has the right to suspend the delivery of the Products and condition the delivery to the payment of the entire amount or part of it or the issue of adequate guarantees on behalf of the Buyer.

4.10 The payment of the selling price is regulated by solve et repete clause. Under no circumstances may the Buyer withhold in compensation, or in any other way, the amounts due for the purchase of the Products by reason of counterclaims against the Seller.

5. Licenses and authorisations

5.1 If requested by the law in order to allow the Buyer to purchase property or receive the Products sold at the address indicated, the Buyer has the obligation to obtain all the relative licenses and authorisations to do so at their own expense, including those for the import and transit of the Products.

6. Delivery of the Products

6.1 The Seller is free from the obligation to deliver the Products by providing the items for the Buyer, or for anyone who acts in the name or on behalf of the Buyer, inside its own business premises or production plants.

6.2 Once the Products have been made available to the Buyer or anyone acting in the name and on behalf of the latter pursuant to clause 6.1 above, the risks of loss, theft, loss and/or damage, as well as any direct, indirect, incidental, special or consequential damages that may occur to the Products are the responsibility of the Buyer. Losses or deterioration of the Products which occur after the transfer of risks to the Buyer do not release the latter from the obligation to pay the price.

6.3 The Seller undertakes to use all reasonable care in order to respect the agreed delivery terms. It is understood, however, that the delivery terms agreed with the Buyer are to be considered merely indicative and not essential for the parties.

6.4 Any delay in the delivery of the Products does not give the Buyer any right to cancel or terminate the sale, or to exercise compensation for any damages suffered, except in cases of willful misconduct or gross negligence on the part of the Seller. The Buyer therefore undertakes to accept the late delivery of the Products and to waive any objection or claim in relation to such delay.

6.5 In the event that transport is agreed, the Buyer has the right to choose the carrier or shipper. However, in the absence of precise written indications, the Seller has the right to carry out the delivery, at the expense and risk of the Buyer, according to the methods it deems most appropriate and within the times it deems necessary in relation to the specific case, taking into account the stocks of warehouse, of the orders received and of one’s own priorities, also due to the commitments undertaken towards other customers. The Seller reserves the right to make partial or divided deliveries at any time.

7. Limitations on product warranty

7.1 The Seller is solely responsible for the lack of conformity existing at the time the risks are transferred to the Buyer, provided that the defects are such as to reduce the value of the Products by more than half or make them completely unsuitable for use.

7.2 The Products are understood to comply with what has been established between the parties, whenever any defects are not communicated in writing by the Buyer, by registered letter with return receipt, within the peremptory term of 8 (eight) days from the date of receipt of the Products.

8. Limitations of Liability

8.1 Notwithstanding the provisions of point 7 above, any liability of the Seller, originating from the sale of the Products, is expressly limited to cases of willful misconduct or gross negligence.

9. Express termination clause

9.1 In addition to the other rights due to the Seller under these General Conditions, the Seller, pursuant to and by effect of article 1456 of the Italian Civil Code, has the right to terminate all or part of the contract for the purchase of Products, with immediate effect and by simple written communication to the Buyer, whenever the Buyer, at the Seller’s unquestionable judgement, fails to accept the delivery of the Products or fails to fulfill exactly any other contractual obligation, including the total payment of the agreed sales price.

10. Force Majeure

10.1 The Seller is not responsible for the non-fulfilment of its contractual obligations, nor is it required to compensate for damages, if the non-fulfillment depends on causes of force majeure (such as, by way of example, strikes, armed conflicts, interference by military and civil authorities, terrorist acts, riots, sabotage, natural disasters, embargoes, fires even if malicious, unusual or unpredictable increases in prices, power outages, unavailability of Products, delays in the delivery of raw materials), i.e. from events beyond its control which go beyond the limits of predictability and control reasonably attributable to the Seller, including cases of commercial sanctions or restrictions or other regulations that prohibit the delivery of the Products to the Buyer.

10.2 Whenever the execution of the contract for the purchase of the Products is made impossible or more onerous for the Seller by an event of force majeure, the latter has the right to suspend the fulfillment of its contractual obligations for the entire duration of the event, by notifying the Buyer.

10.3 In the event that the cause of force majeure persists for a period exceeding 90 (ninety) days, the Seller may withdraw from the contract with a written communication to the Buyer, without owing the Buyer, as a result of the withdrawal, compensation, settlement, reimbursement or sums of any other nature.

11. Exclusion of the Right of Withdrawal

11.1 It is expressly agreed that, unless otherwise provided by law, the Buyer cannot under any circumstances withdraw in advance from the contract for the purchase of the Products.

11.2 Internet sales of our products are identified as distance contracts, therefore governed by Legislative Decree n. 206/05 (articles from 50 to 68) which regulates the matter of distance contracts, i.e. contracts carried out outside commercial premises. You have the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty. To exercise this right, you simply need to send “Fattoria Italiana Martelli Srl” a written communication to that effect, and within 14 working days from the date of receipt of the goods also arrange for the shipment of the aforementioned goods purchased to the address indicated below. The only condition we set is that the goods have not been opened or damaged.

11.3 How and where to send returned goods

You can use the method that is most convenient for you (mail, courier, etc).

Returned products must be sent to:
FATTORIA ITALIANA MARTELLI s.r.l.
Contrada Villa Martelli
66034 – Lanciano – Chieti

How much time you have to return goods

The products must be returned within 14 calendar days from the date of sending the notice of withdrawal.

How long it takes to receive a refund

Once we have received the products, we will immediately activate the refund procedure. The time-frame of the procedure will depend on the payment method used. In any case, it will not exceed 14 days from the day we received the goods.

12. Retention of Title

12.1 The transfer of ownership of the Products from the Seller to the Buyer is completed with the full, irrevocable and unconditional payment of the amount due. Until the sale price has been paid, the Products remain in the ownership of the Seller, notwithstanding what has been agreed regarding the transfer of risks pursuant to point 6.12.2 above. The Buyer must refrain from engaging in any act or behavior such to prevent the Seller from exercising its right of ownership. For example, the Buyer is forbidden to resell, transfer or pledge the Products without first paying the price in full.

13. Information on the Processing of Personal Data

Please refer to our Information on the protection of personal data pursuant to art. 12 and following. EU Regulation 679/2016, fully available in the Privacy-Policy section. ”

14. Applicable Law and Competence

14.1 These General Conditions are governed by Italian law.

14.2 The parties agree that any legal disputes concerning matters relating to the interpretation and/or execution of these General Conditions or in any case deriving from, or connected with, the purchase of the Products are devolved exclusively to the Court of Pescara.

15. General Provisions

15.1 Failure or partial exercise on behalf of the Seller of the rights provided for in these General Conditions does not constitute acquiescence and does not imply the waiver of such rights.

15.2 Any invalidity or non-implementation of all or some of the clauses of these General Conditions has no effect on the other provisions set forth therein. The Seller and the Buyer shall replace, if and as far as possible, the invalid clauses with other valid agreements having an equivalent or similar content.

15.3 The Italian version of these General Conditions, even if drafted in several languages, is considered the only authentic text for the purpose of their interpretation.