Returns and refunds
1. Consumer’s right of withdrawal
Pursuant to Articles 52 et seq. of Italian Legislative Decree No. 206 of 6 September 2005 (the Consumer Code), as subsequently amended, a customer purchasing as a Consumer has the right to withdraw from a distance contract without giving any reason and without incurring any penalty, except as provided by the applicable legislation.
“Consumer” means any natural person acting for purposes outside any business, trade, craft or professional activity carried out by that person.
The right of withdrawal therefore does not apply to purchases made by legal entities or by natural persons purchasing in the course of their professional or business activity.
2. Time limit for exercising the right of withdrawal
The Consumer has 14 (fourteen) days in which to exercise the right of withdrawal.
For sales contracts, this period begins on the day on which the Consumer, or a third party designated by the Consumer other than the carrier, acquires physical possession of the products.
Where an order consists of several products delivered separately, the period begins on the day on which the Consumer acquires physical possession of the final product.
The 14-day period is calculated in calendar days, not business days.
3. How to exercise the right of withdrawal
To exercise the right of withdrawal, the Consumer must notify AZIENDA AGRICOLA de TARCZAL of the decision to withdraw from the contract before the 14-day period expires.
Notice may be given by sending an explicit statement to:
Email: info@detarczal.com
The notice must include at least:
- the customer’s first and last name;
- the order number;
- the order date;
- the products in respect of which the right of withdrawal is being exercised;
- a telephone number, if any;
- the contact details required for any communications concerning the return.
The Consumer may also use the model withdrawal form provided for by the Consumer Code, although this is not mandatory.
AZIENDA AGRICOLA DE TARCZAL will acknowledge receipt of the notice of withdrawal on a durable medium without undue delay.
4. Return of products
After giving notice of withdrawal, the Consumer must return the products to AZIENDA AGRICOLA de TARCZAL without undue delay and, in any event, within 14 days of the date on which the withdrawal was communicated.
The deadline is met if the Consumer sends the products back before the 14-day period has expired.
The products must be adequately packaged, preferably using the original packaging where available, to prevent damage during transport.
The Consumer is liable only for any diminished value of the products resulting from handling other than that necessary to establish their nature, characteristics and functioning.
The direct cost of returning the products shall be borne by the Consumer, unless AZIENDA AGRICOLA de TARCZAL has expressly agreed to bear that cost.
The use of a traceable shipping service and suitable packaging is recommended. Responsibility for the products during return shipment remains with the Consumer until they are delivered back to AZIENDA AGRICOLA de TARCZAL at its registered office: Via G. B. Miori, 4, 38060 Isera, Marano hamlet (TN), Italy.
5. Refund
Where the right of withdrawal is validly exercised, AZIENDA AGRICOLA de TARCZAL will refund the Consumer all payments received in connection with the contract, including, where applicable, standard delivery costs.
Any additional costs resulting from the Consumer’s choice of a delivery method other than the least expensive standard delivery method offered by AZIENDA AGRICOLA de TARCZAL will not be refunded.
The refund will be made without undue delay and, in any event, within 14 days of the date on which AZIENDA AGRICOLA de TARCZAL is informed of the Consumer’s decision to withdraw from the contract.
AZIENDA AGRICOLA de TARCZAL may, however, withhold the refund until it has received the products or until the Consumer has provided evidence that they have been sent back, whichever occurs first.
The refund will be made using the same means of payment used by the Consumer for the initial transaction, unless otherwise agreed with the Consumer, provided that the Consumer incurs no fees as a result of the refund.
6. Integrity and condition of the products
Given the particular nature of the products sold, the Consumer must return the bottles and any other products in a condition that permits their resale, without prejudice to the ordinary handling necessary to establish their nature, characteristics and functioning.
If the returned products have diminished in value as a result of handling beyond what is necessary to inspect them, AZIENDA AGRICOLA de TARCZAL may reduce the refund proportionately, up to the amount of the actual reduction in value established.
No automatic or flat-rate deduction will be applied.
In particular, for bottles of wine, the Consumer must take special care to prevent breakage, damage to the bottles, alteration of the product, or loss of or damage to the label and packaging where the packaging forms part of the product.
7. Exclusions from the right of withdrawal
The right of withdrawal is excluded in the cases expressly provided for by Article 59 of the Consumer Code.
In particular, the right of withdrawal does not apply to:
- the supply of goods made to the Consumer’s specifications or clearly personalised;
- the supply of goods that are liable to deteriorate or expire rapidly;
- the other cases expressly provided for by Article 59 of the Consumer Code.
For any other food products sold by AZIENDA AGRICOLA DE TARCZAL, exclusion from the right of withdrawal will apply only in the cases provided for by the applicable legislation.
8. Products damaged in transit
If the Consumer receives products that have been damaged or broken during delivery, this does not constitute exercise of the right of withdrawal and must be reported promptly to AZIENDA AGRICOLA de TARCZAL, preferably with photographs of the packaging and the damaged products.
In such cases, the provisions of the applicable legislation concerning the seller’s liability and the conformity of goods will apply.
The Consumer is advised to check the integrity of the packaging upon delivery and, where possible, to report any irregularities to the carrier immediately.
9. Purchases made by professionals
Purchases made by persons acting in the course of their business, trade, craft or professional activity are not subject to the provisions of the Consumer Code governing the Consumer’s right of withdrawal.
Such purchases are governed by the contractual terms and the statutory provisions applicable to transactions between professionals.