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TERMS AND CONDITIONS

Preamble and effectiveness of the General Terms and Conditions of Sale

These general terms and conditions of sale (hereinafter, the “General Terms and Conditions”) govern the purchase of products made remotely and made available via the Internet on the Online Store on the website www.lamonarca.it and any related subdomains (hereinafter, the “Website”) in compliance with Italian law pursuant to Legislative Decree 206/2005 as amended and supplemented (hereinafter, the “Consumer Code”).

The Online Store www.lamonarca.it protects the rights of the Consumer.

The Consumer may not waive the rights granted to them by Consumer Law. Provisions of agreements that are less favorable to the Consumer than those of Consumer Law are deemed invalid. The provisions of these Regulations do not exclude or limit any right of the Consumer recognized under applicable law, and any uncertainties must be interpreted in the Consumer’s favor. In the event of any unintentional non-compliance of the provisions of these Regulations with the aforementioned legal rules, such rules shall apply.

The consumer who accesses the Website to make purchases (hereinafter the “Customer”) is required, before submitting the order, to read carefully these General Terms and Conditions which have been made available to them on the Website and which can be consulted at any time by the Customer, including via the link contained in the confirmation email for each order, to allow reproduction and storage.

General provisions and definitions
The Online Store available at the web address www.lamonarca.it is managed by Azienda Vinicola ed Olearia di F. Lamonarca (hereinafter “Lamonarca” or the “Seller”), VAT No. 01095670723, with registered office at via Ravanas no. 1, 70037, Ruvo di Puglia (BA), email: vinicola@lamonarca.it, contact telephone number: (+39) 080 361 2170 (charges according to your telephone provider’s rates).
To use the Online Store, the equipment and IT system used by the Customer must meet the Technical Requirements.
The Regulations are intended for both Customers and non-Consumers who use the Online Store, the Electronic Services, or who conclude the Sales Contract (with the exception of Article 14 of the Regulations, intended exclusively for non-Consumer Customers).
Acceptance of the Regulations by the Customer is voluntary but indispensable for creating the Account and/or submitting an Order.
The information published on the Website, or, in the case of submitting Orders via other means of distance communication or by an electronic message confirming the contents of the Sales Contract as per Article 3.6 of these Regulations, constitutes a mere invitation by the Seller to the Customer to conclude a contract within the meaning of Article 1336 of the Italian Civil Code and not a public offer within the meaning of the Civil Code.
The following terms used in the Regulations shall be understood as having the meanings indicated below, unless the context of their use indicates otherwise:
PRICE – the gross amount (including VAT) defined in Euros, due to the Seller for the transfer of ownership of the Product to the Customer, in accordance with the Sales Contract. The price does not include shipping costs except as provided for by specific Promotion conditions offered by the Online Store.
BUSINESS DAY – Monday to Friday excluding public holidays established by law.
PASSWORD – a sequence of alphanumeric characters created by the Customer when creating the Account, necessary for authorization to access the Account. Account registration requires entering the Password twice to enable identification and correction of any errors. The Customer is required to keep the current Password strictly confidential (not to disclose it to third parties). The Seller provides the Customer with the possibility to change their Password over time.
CUSTOMER – (1) a natural person or acting through an authorized person, (2) a legal person or (3) other entities, companies, associations, and organizations without legal personality to which the law grants legal capacity and which have full capacity to act. Orders may only be placed by persons who, according to Italian law, are of legal age and are not subject to legal incapacity.
CIVIL CODE – the body of civil law provisions contained in Royal Decree of 16 March 1942 no. 262 (as amended).
CONSUMER – a natural person who carries out a legal act not directly related to their business or professional activity.
CUSTOMER ACCOUNT (ACCOUNT) – an Electronic Service with individual (Login) and Password indicated by the Customer: the set of data collected in the Seller’s IT system that allows the Customer to use additional features and services. The Customer accesses their account via the Login and Password. In the Account the Customer will be able to save and store information on the Customer’s shipping address, monitor the status of the Order, access the Order history, or other services made available by the Seller.
CART – a service made available to every Customer of the Online Store, used to submit an order for one or more products, to enter discount codes that allow the Price to be reduced according to separate agreements/regulations, to view the total Price of various Products and all Products together (including shipping costs), and to view the estimated delivery date. The Cart accumulates requests to conclude the Sales Contract submitted by the Customer; that is, with a single Order it is possible to submit more than one request to conclude the Sales Contract.
LOGIN – the Customer’s email address indicated when creating the Account on the Online Store site.
PERSONAL DATA – any information concerning an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. With regard to personal data, Legislative Decree no. 196 of 30 June 2003 and applicable EU and international law apply, with particular, though not exclusive, reference to Regulation (EU) No. 679/2016: for more detailed information, the Customer is hereby invited to read carefully our “Privacy Policy.”
NEWSLETTER – an Electronic Service that allows all its users to receive periodic information about Products, the Online Store, including news and promotions sent to the email address or telephone number indicated with the Customer’s explicit consent. The terms and conditions of the Newsletter service are defined by a specific regulation available on the Online Store website.
PRODUCT – movable good available in the Online Store which is the subject of the Sales Contract between the Customer and the Seller in return for payment of the Price. All Products offered by the Online Store are brand new. Please note that images or colors of the products offered may not correspond exactly to reality for various reasons, e.g., browser or monitor settings.
PROMOTIONS – special conditions of sale or provision of services, governed according to the rules of the Online Store, offered by the Seller for a specified period, from which the Customer can benefit under the rules presented therein, such as reduction of the Price or shipping costs.
GENERAL TERMS AND CONDITIONS OF SALE/REGULATIONS/SERVICE AGREEMENT – this document defines the rules for concluding the Sales Contract and the rules for the provision and use of the services made available to Customers by the Seller through the Online Store. For services provided electronically, these Regulations are governed by the applicable provisions of Legislative Decree of 9 April 2003, no. 70 (as amended) implementing Directive 2000/31/EC.
ONLINE STORE – a platform that allows the Customer to submit Orders and use the services offered by the Seller, managed by the Seller, consisting of a set of interconnected websites, available at the web address: www.escarpe.it, and via the App.
SELLER – Azienda Vinicola ed Olearia di F. Lamonarca (hereinafter “Lamonarca” or the “Seller”), VAT No. 01095670723, with registered office at via Ravanas no. 1, 70037, Ruvo di Puglia (BA), email: vinicola@lamonarca.it, contact telephone number: (+39) 080 361 2170 (charges according to your telephone provider’s rates).
CONTENT/CONTENTS – textual, graphic, and multimedia elements (e.g., information on Products, photographs of Products, promotional videos, descriptions, comments), including works under copyright law and related rights and images of private individuals disseminated on the Online Store website by the Seller, the Seller’s counterparties, the Customer, or another person using the Online Store.
SALES CONTRACT – a contract concerning the sale of Products by the Seller to the Customer in return for payment of the consideration and any additional costs, including shipping costs, the conditions of which are defined by these Regulations. The Sales Contract is concluded between the Customer and the Seller by means of distance communication, through the Seller’s approval of the Order in accordance with the rules contained in these Regulations. The Sales Contract, in particular, defines the Product, its main characteristics, the Price, the shipping costs, and other relevant conditions, in accordance with applicable law, especially legal rules that protect the Consumer. Each Product is the subject of a separate Sales Contract. The Seller may conclude the Sales Contract with the non-Consumer Customer following the conclusion of an agreement without resorting to the procedure set out in these Regulations. Such agreement will be confirmed by email message at the request of either party.
ELECTRONIC SERVICE – the provision of electronic services pursuant to Legislative Decree of 9 April 2003, no. 70 (as amended), via the Online Store by the Seller to the Customer, in accordance with the Service Agreement. If services are provided by entities cooperating with the Seller, the specific provisions regarding the rules for using such services are contained in the relevant service provision regulations of each entity.
CONSUMER LAW, CONSUMER CODE – Legislative Decree of 6 September 2005, no. 206 (as amended).
ORDER – the Customer’s declaration of intent aimed directly at concluding a distance Sales Contract, containing Products subject to the offer to conclude the Sales Contract. The ordering of each Product by the Customer shall be considered an independent request to conclude the Sales Contract (technical facilitation). Only one number may be assigned to each order; nevertheless, all requests will be processed in parallel. Upon acceptance of the Order by the Seller, the Sales Contract is concluded (see above).

Electronic services of the online store
The Seller provides the Customer free of charge with the following Electronic Services through the Online Store:
Creation of an Account;
placement of Orders and conclusion of Sales Contracts according to the rules of these Regulations;
presentation of the offer tailored to Customers’ preferences;
access to the Cart service;

The Seller, for the benefit of Customers who have created an Account, provides the following services free of charge through the Online Store:
maintenance of the Customer’s session after logging into their Account;
storage and communication to the Customer of the Order history through the Account.
Use of the Account is possible after completing the following steps:
filling in the registration form and accepting the provisions of these Regulations;
clicking on “Register.”
4. The Service Agreement shall be deemed valid from the moment the Customer receives confirmation of completion of the registration procedure at the email address indicated by the Customer. The Account service is provided free of charge for an indefinite period. The Customer may, at any time and without providing a reason, delete the Account by sending such a request to the Seller, in particular by email to: vinicola@lamonarca.it or in paper form to: via Ravanas no. 1, 70037, Ruvo di Puglia (BA). Opening an Account is not necessary to order a product in the Online Store.
The ability to use the Cart is activated by adding the first Product to the Cart.
The Cart service is provided free of charge, is one-off in nature, and ends with the submission of the Order therein or with the prior suspension of the submission of the Order performed therein by the Customer. The Cart stores information about the Products selected by the Customer even after the browser session has ended, including logoff, for a period not exceeding 7 days, which is nevertheless irrelevant for the purposes of reserving the Products.
In particular, to be able to use the electronic services the Customer is required to:
provide authentic, current, and necessary data both for creating the Account through the registration forms and for ordering the product;
promptly update the data, including personal data, provided by the Customer to the Seller for the conclusion of the Service Agreement or the Sales Contract to the extent necessary for their correct performance; the Customer has the opportunity to modify, at any time, the data entered when creating the Account by using the functionalities available within the Account;
use the services and functionalities made available by the Seller in a way that does not hinder the operation of the Seller and the Online Store;
use the services and functionalities made available by the Seller in compliance with legal rules and the provisions of the Regulations, as well as respecting any applicable customs and practices;
pay the Price and other amounts agreed with the Seller in full and within the prescribed period;
not provide or transmit, within the Store, Content prohibited by law, in particular Content that infringes third parties’ property copyrights or their personal rights;
not undertake actions such as:

  • distributing or publishing unsolicited commercial information on the Online Store site or publishing any Content that violates applicable legal rules (prohibition on publishing illegal content);

  • performing IT operations or other activities aimed at obtaining information not intended for the Customer or interfering with rules or technical aspects of the Store’s operation or payment execution;

  • unlawfully altering the Content provided by the Seller, in particular the Prices or descriptions of the Products published on the Online Store site.

Complaints regarding the provision of Electronic Services may be submitted as follows:
in paper form to: via Ravanas no. 1, 70037, Ruvo di Puglia (BA);
electronically by email to: vinicola@lamonarca.it.
Customers are advised to indicate in the description of the reason for the complaint: (1) the information and circumstances relating to the subject of the complaint, in particular the type and date of non-compliance, (2) the demands made against the Seller and (3) the contact details of the complainant – this in order to facilitate and speed up the process of examining the complaint by the Seller. The above requirements are recommendations and do not affect the effectiveness of a complaint submitted without adequately presenting the requested elements.
The Seller undertakes to examine the complaint without delay, and no later than 30 days from the date of its submission, unless the applicable regulations or the provisions of specific regulations clearly impose otherwise.
Methods of concluding the sales contract
The main characteristics of the service, taking into account the subject of the service and the methods of communication with the Customer, are defined on each Product page.
The Seller enables the submission of Orders through the Online Store or, alternatively, by communicating with the Seller via telephone number, email, or chat on the Online Store Website.
Depending on the development of the services provided, the Seller may introduce other forms of ordering products by means of distance communication, in accordance with the rules contained in these Regulations.
The conclusion of the Sales Contract follows the submission of the Order by the Customer.
The Seller allows the Customer to submit the Order through the Online Store in the following way:
The Customer adds the selected Product(s) to the Cart, then must complete the Order form.
The Customer who has an Account must confirm within the Order form the accuracy of the data necessary for the conclusion of the Sales Contract. The user who does not have such an Account must complete the Order form independently by indicating the personal data necessary for the conclusion and performance of the Sales Contract, where such data are mandatory. In any case, the provision of non-current or untrue data may preclude the conclusion of the Contract. In the Order form, it is mandatory for the Customer to indicate the following data: first and last name, address (street, street number, postal code, city, country), email address, contact telephone number and data relating to the Sales Contract: Product(s), quantity of Product(s), place and method of shipment of Product(s), method of payment. In the case of non-Consumer Customers it is also necessary to indicate data such as company name, and if they have requested the issuance of an invoice including VAT, the company’s tax code and VAT number.
The Customer, from among all the shipping methods made available by the Seller, selects one.
The Customer selects the method of payment of the Price and any other aggregate costs resulting from the Order form related to the performance of the Sales Contract.
The Customer submits the Order to the Seller (submits the request) via the Online Store functionalities made available for this purpose. In the event that the Customer does not have an Account and has not previously accepted the Regulations, it is essential that the Regulations be accepted; therefore, the Customer is invited to read them carefully.
During order submission, until the Customer finalizes sending it, it is possible to independently modify the data entered in the “Cart” panel by adding or removing a particular item from the Cart.
Depending on the selected payment method, the Customer may be redirected to the websites of external payment service providers in order to make the payment.
If the proposal to conclude the Sales Contract using other means of distance communication is submitted by the Seller on its own initiative:
The Seller sends the Customer an electronic message confirming the text of the proposed Sales Contract;
The Customer submits the Order to the Seller by email to the address from which they received the confirmation referred to in the aforementioned Article 3.6(a);
if the Customer does not have an Account and has not previously accepted the Regulations, it is essential that the Regulations be accepted by the Consumer.
7. In cases other than those referred to in Article 3.6 in which the conclusion of the Sales Contract using other means of communication, including by telephone, is proposed on the Consumer’s initiative, the following paragraphs apply mutatis mutandis, taking into account the circumstances and the means of communication used.
8. In response to the Order, the Seller promptly sends an automatic notification to the email address indicated by the Customer confirming receipt of the Order and its verification.
After verifying the Order, without undue delay, the Seller sends to the email address indicated by the Customer a message containing:
confirmation of the acceptance of one or more offers on Products submitted within the Order, as well as confirmation of the simultaneous conclusion of the Sales Contract (approval of the Order based on the Products listed in the message); or
information that not all offers on Products have been accepted, with an indication of the related reasons.
The Sales Contract is concluded at the time of confirmation of the offer(s), that is upon receipt by the Customer of the specific message referred to in Art. 3.8.
11. If it is not possible to accept all or some of the offers submitted within the Order, the Seller will contact the Customer in order to:
inform the Customer that it is not possible to accept all the offers to conclude the Sales Contract submitted within the Order; or
obtain confirmation from the Customer of their willingness to carry out the Order in the part in which the Seller has agreed to accept offers to conclude the Sales Contract. In such case the Customer may cancel the entire Order (containing all offers), without prejudice to their right to withdraw from the contract. Cancellation of the Order by the Customer releases the Seller from the obligation to carry it out. In the event of cancellation of the Order, Article 3.12 below shall apply accordingly.
If the acceptance of the request(s) submitted within the Order cannot be carried out, the Sales Contract concerning the Products indicated by the Customer shall not be concluded, and the Seller, without delay and no later than 14 days, shall refund to the Customer all payments received relating to the unfulfilled part of the Sales Contract. The provisions of Article 3.6 of the Regulations apply mutatis mutandis.
Furthermore, the Seller may communicate the status of the Order to the Customer using, in particular, email, SMS, or telephone.
The Seller endeavors to ensure access to the Products and the performance of the Sales Contract. If performance is not possible, the provisions of the Civil Code on impossibility of performance, whether attributable or not to one of the parties, shall apply. This may also include the obligation for the Seller to immediately refund the Customer.
The total Order includes the Price, shipping costs, and any additional costs of optional paid services selected by the Customer. The Seller may set a minimum Order value threshold for which the shipping of Products is free of charge. The Customer is informed of the total value of the Product, including taxes, resulting from the Order, as well as shipping costs (including transport, delivery, and postal services) and other costs, and where it is not possible to determine the amount – of the payment obligation, when submitting the Order, as well as at the time they express their willingness to conclude the Sales Contract.
Promotions in the Online Store cannot be combined with each other, unless the provisions of the Promotion clearly impose otherwise.

Methods, payment terms, order cancellation and returns
The Seller makes available to the Customer the following forms of payment arising from the Sales Contract, in particular:
by bank transfer to the Seller’s current account;
by payment via PayPal;
In the case of payment by bank transfer, the Seller will communicate to the Customer via email the instructions for making the payment only after verifying the availability of the goods. The items ordered by the Customer will be kept on hold for a maximum of 6 working days; failure to receive payment will result in the cancellation of the order. Shipment of the ordered items will take place only after the effective posting of the credit.

The buyer must indicate the order reference number in the reason for the bank transfer.

In the event of cancellation of the order, either by the Customer or in the event of non-acceptance of the same by the Seller, this will entail the simultaneous request to cancel the order and release the amount paid. Release times vary from 2 to 3 working days. Once the refund of the order has been made, under no circumstances can Lamonarca be held liable for any direct or indirect damages caused by a delay in the release of the amount committed by its Bank.

In the event of non-payment by the Customer who chose to make payment before delivery, i.e., by bank transfer, the Seller may contact the Customer to remind them to pay, including by sending a specific email communication. Failure to pay within 3 days from the date of submission of the Order, and beyond an additional 2 days, will result in the automatic withdrawal of the request submitted by the Customer in the form of the Order. The Customer has the option to cancel the Order by contacting the Seller before its fulfillment and without consequences as long as they have not received confirmation of the actual shipment of the package, without prejudice to their right to withdraw from the contract.
The PayPal payment method is reserved exclusively for holders of a PayPal Account; transactions with Credit Cards or prepaid cards not associated with any PayPal account will be refunded by the administration. In the event of a purchase using the PayPal payment method, upon completion of the order the Customer is directed to the PayPal login page. The amount related to the order is charged to the PayPal account at the time the order is acquired.

In the event of cancellation of the order, either by the Customer or in the event of non-acceptance thereof by Lamonarca, the cancellation of the transaction and the release of the committed amount will be requested. Under no circumstances can the Seller be held responsible for any direct or indirect damages caused by a delay in the release of the amount committed by PayPal. At no time during the purchase procedure is Lamonarca able to know the Customer’s financial information. Since there is no data transmission, there is no possibility that such data may be intercepted. No computer archive of Lamonarca contains or stores such data. For each transaction executed with the PayPal account, the Customer will receive a confirmation email from PayPal.

The PayPal payment method provides for free shipping. No commission is charged.

If the Customer has selected payment in cash, they are required to make payment upon delivery of the goods. Failure to take delivery of the Product, despite the indication of an additional deadline, is a condition that terminates the Sales Contract.
The Customer has the option to cancel the Order by contacting the Seller before its fulfillment and without consequences as long as they have not received confirmation of the actual shipment of the package, without prejudice to their right to withdraw from the contract.
The order may be canceled at the Customer’s discretion at any time from placement but in any case no later than the time limits provided for order processing (usually 48 working hours).

To communicate this, it is necessary to send an email to frantoio@lamonarca.it or communicate it by telephone at 080 361 12 23. After this period, Lamonarca reserves the right to accept the cancellation. If you decide to replace the returned products with other products, the difference will be settled. If the difference is “in your favor,” Lamonarca will issue a voucher equal to the difference; if the difference is “to be paid,” the recipient will be responsible for paying the difference.

Returns/replacements may be made no later than 10 days from purchase.

Order processing and delivery times
Order processing times depend on the chosen payment method. All orders will be considered automatically validated thanks to our always up-to-date warehouse availability. Usually processing times are 24/48 hours.

Orders placed with Bank Transfer will be entrusted to the courier only after the actual posting of the transfer to the account (in this case the times will depend on the credit date).

Delivery times

The goods will be shipped by express courier and delivered within an average time of 1/4 working days following shipment, excluding customized items for which the customer will be informed of the timing.

The average delivery times from order placement are as follows:

  • Shipping to the Peninsula: 1/2 working days from entrusting the package to the courier

  • Shipping to the Major Islands (Sardinia, Sicily): 2/3 working days from entrusting the package to the courier

  • Shipping to the Minor Islands (Capri, Ischia, Pantelleria, Elba, Lampedusa, etc.): 3/5 working days from entrusting the package to the courier

The indicated delivery times represent the time normally required to deliver the products and are provided for information purposes only, without any commitment or guarantee of compliance by Lamonarca.

Delivery methods
For each order placed, Lamonarca will issue an invoice for the shipped material, where requested, sending it by email to the order holder, pursuant to Art. 14 of Presidential Decree 445/2000 and Legislative Decree 52/2004, or by inserting it inside the package itself. For the issuance of the invoice, the information provided by the Customer at the time of the order shall be decisive.
Standard express courier delivery will take place during the following hours: from 9:00 a.m. to 1:00 p.m.; from 2:00 p.m. to 6:00 p.m., every non-holiday weekday, Monday to Friday.

If the material remains uncollected within 5 working days at the courier’s warehouses due to repeated inability to deliver to the address indicated by the Customer at the time of the order, the products concerned will be returned to Lamonarca’s warehouse.

  1. No liability may be attributed to the Seller in the event of delayed delivery of the ordered items.
    Shipments are made on behalf of the Customer, with our contracted Express Courier.

At the time of delivery of the goods by the courier, the Customer is required to check:

  • that the number of packages delivered corresponds to that indicated in the transport document;

  • that the packaging is intact, not damaged, nor wet or otherwise altered;

  1. If the package shows visible external damage upon delivery (such as moisture, crushing, abnormal openings, or other) and if the number of packages does not correspond to the number ordered, this must be immediately contested to Lamonarca and at the same time the recipient must MANDATORILY REFUSE the damaged package.

If the package appears intact upon delivery, it will not be possible to sign the delivery receipt with “SUBJECT TO INSPECTION,” as per the internal regulations of all couriers. Once the courier’s document has been signed, the Customer may not raise any objection regarding the external characteristics of what has been delivered.

In the cases mentioned above, Lamonarca shall be exempt from any liability for lost shipments or damaged packages.

Any problems regarding the mismatch of the goods or the incompleteness of the products received must be communicated to Lamonarca upon delivery; Lamonarca will book the collection of the wrong product or send the missing product. Products that do not correspond to what was ordered must not be unwrapped or opened.

From the moment the Customer receives the non-conforming goods and reports the fact, the Customer assumes full responsibility for what has been declared.

In the case of delivery by appointment, the Customer is contacted by phone by the courier to set the delivery date and time slot (morning or afternoon).

Standard delivery will take place during the following hours: from 9:00 a.m. to 6:00 p.m., every non-holiday weekday, Monday to Friday.

Delivery must necessarily take place within 3 working days from the date of the phone contact.

Seller’s liability
The Seller assumes no responsibility for service disruptions due to force majeure or fortuitous events.
The Seller may not be held liable to the Purchaser, except in cases of willful misconduct or gross negligence, for service disruptions or malfunctions related to the use of the Internet network outside the control of the Seller or its subcontractors.
3. In the event of service disruptions related to the carrier, the Purchaser must send a report to the Seller, who will contact the Carrier accordingly. In the event of loss of the package or other circumstances causing a failed or incorrect delivery, the Seller, in agreement with the Purchaser, will either refund or reship the order.
The Seller assumes no responsibility for any fraudulent or unlawful use that may be made by third parties of credit cards, checks, and other means of payment, for the payment of the purchased products, if the Seller demonstrates that it has adopted all possible precautions according to the best knowledge and experience of the time and the ordinary diligence required.
Warranties, assistance procedures and complaints
The Seller is liable to the Customer if the Product sold is defective or not in conformity with the contract (legal warranty), within the limits of applicable civil law, with particular reference to Articles 114-135 of the Consumer Code.
Products presented in the Online Store may be subject to a commercial warranty (from the manufacturer and distributor). The specific conditions of the conventional warranty and its duration are in any case indicated in the warranty certificate issued by the warrantor and attached to the Product.
The Seller undertakes to deliver to the Customer a Product free from faults or defects.
4. The complaint may be submitted by the Customer, for example, in paper form to via Ravanas no. 1, 70037, Ruvo di Puglia (BA), or electronically by email to: vinicola@lamonarca.it. If the complaint concerns the Product, it is generally appropriate to return the item complained of together with a description of the non-compliance in order to facilitate the Seller’s examination process.
5. If the Product sold proves to be defective, the Customer may:
request a reduction of the Price or, alternatively, withdraw from the Sales Contract, without prejudice to the right to compensation for damages, unless the Seller, promptly and without further inconvenience to the Customer, repairs the defective Product or replaces it with another free of defects. The reduced price must be proportionate to the price defined in the contract so that the value of the defective Product corresponds to the value of the Product without defect. The Customer may not terminate the contract in the case of a non-significant defect;
request the replacement of the Product with another non-defective one or the removal of the defect of the product received. The Seller is obliged to replace the non-conforming Product with another free of defects or remove the defect within a reasonable time and without further inconvenience to the Customer, in accordance with applicable civil law.
6. The Customer, instead of the elimination of the defect possibly offered by the Seller, may request the replacement of the Product with another free of defects, unless restoring the goods to a condition in conformity with the contract according to the Consumer’s preference is impossible or too costly compared to the solution proposed by the Seller. In determining the additional costs to be incurred, the value of the compliant Product, the type and importance of the non-compliance shall be taken into account, as well as the inconvenience caused to the Consumer by the alternative solution.
Customers are advised to indicate in the description of the non-compliance: (1) the information and circumstances relating to the subject of the complaint, in particular the type and date on which the non-compliance became known, (2) the Customer’s request to bring the Product into conformity with the Sales Contract or to obtain a price reduction or the declaration of intent to exercise the right of withdrawal from the Sales Contract; and (3) the contact details of the complainant – this in order to facilitate and expedite the necessary procedures for examining the complaint by the Seller. The above requirements are recommendations and do not affect the effectiveness of a complaint submitted without a description.
The Seller undertakes to examine each Customer complaint promptly, and in any case no later than 14 days from the date of receipt. If the Customer has requested replacement of the item or removal of the defect or has submitted the declaration of price reduction, determining the amount of such reduction, but the Seller has not responded to the request within 14 days from the date of receipt, the request of non-compliance shall be deemed accepted.
If, for the purpose of examining the complaint by the Seller or exercising the Customer’s rights under the legal warranty, it is necessary to return the Product to the Seller, the Customer is required to return the Product at the Seller’s expense.
The Seller is liable under the legal warranty if the defect was detected by the Customer before the expiration of 2 years from the date of delivery of the Product. The claim relating to the removal of the defect or replacement of the Product with another free of defects is time-barred within 1 year from the day on which the defect occurred (or became known); however, in the case of an Order placed by the Consumer – the running of the limitation period cannot be completed before the expiry of the term referred to in the first sentence of this point.
In any case, unless proved otherwise, it is presumed that the lack of conformity which becomes apparent within 6 months of delivery of the goods already existed at that date, unless this is incompatible with the nature of the goods or the nature of the lack of conformity.
Seller’s obligations for defective products, proof of damage and compensable damages
The Seller may not be held liable for the consequences arising from a defective product if the defect is due to the product’s compliance with an imperative legal standard or a binding measure, or if the state of scientific and technical knowledge at the time the producer put the product into circulation did not yet allow the product to be considered defective.
No compensation shall be due if the injured party was aware of the product defect and the danger that resulted and nevertheless voluntarily exposed themselves to it. Likewise, defects resulting from the improper and/or incorrect use of the purchased goods, external causes (e.g., impacts, falls, etc.), negligence, and misuse are not attributable to the Seller.
In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage, including through descriptions, photographs, and means available to the injured party.
Purchaser’s obligations

  1. The Purchaser undertakes to pay the price of the purchased goods within the times and in the manner indicated in this contract.
    The Purchaser undertakes, once the online purchase procedure has been completed, to print and keep this contract received by email attached to the purchase order confirmation.
    The information contained in this contract has, moreover, already been viewed and accepted by the Purchaser – who acknowledges it – before purchase confirmation, through telematic procedures.
    Right of withdrawal
    The Consumer who has concluded a distance contract may withdraw from it without giving any reason and without incurring costs other than those provided for by law, within the period of:
    14 days from the day referred to in Article 11.3 below (hereinafter: “Statutory Right of Withdrawal”);
    from 15 to 100 days from the day referred to in Article 11.3 below (hereinafter: “Extension of the Right of Withdrawal”) – without prejudice to Article 11.11 below.

The above does not apply to a contract whose subject of performance is a non-prefabricated good produced according to the Customer’s specifications or intended to satisfy their individual needs. The exercise of one of the rights above does not affect other contracts, in particular insofar as:

they were concluded together with the contract subject to the withdrawal declaration following the simultaneous submission of multiple Orders by the Customer, or
the Seller made the conclusion or the content of the contract subject to the withdrawal declaration conditional upon the conclusion of another contract, due to the direct relationship between the Products.

To meet the deadline, it is sufficient to send an appropriate declaration before it expires to the Seller’s address. The Consumer has the right to submit an explicit declaration of withdrawal from the Sales Contract. The declaration of withdrawal from the Sales Contract may be submitted as follows:

in writing to: via Ravanas no. 1, 70037, Ruvo di Puglia (BA);
by email to: vinicola@lamonarca.it;
through the withdrawal form attached to these Regulations.
The Consumer may use the standard form for exercising the right of withdrawal, although it is not mandatory to follow this procedure.
The period provided for any declaration of withdrawal from the Sales Contract runs from the day on which the Consumer or a person indicated by them, excluding the shipping company, takes possession of the Product, and in the event that the Sales Contract:
includes several Products delivered separately, partially, or in several batches – from the moment the Consumer takes possession of the last Product, a part thereof or a batch; or
consists of the regular delivery of Products over a specified period – from the moment the Consumer takes possession of the first Product.
The valid exercise of the right of withdrawal from the distance contract terminates the parties’ obligations.
The Seller is obliged to reimburse the payments received from the Consumer, including the cost of delivering the Product (without prejudice to additional costs if the Customer has expressly chosen a type of delivery other than the least expensive and standard one offered by the Online Store), without undue delay and in any case within 14 days from the day on which it is informed of the Consumer’s decision to withdraw from the contract.
If the Consumer requests to exercise the Statutory Right of Withdrawal, the Seller shall refund the amount paid by the Consumer using the same means of payment used by the Consumer, unless the Consumer has expressly agreed to other means and provided that the Consumer does not incur any additional costs. If the refund cannot be made by the same payment method used by the Consumer because the Seller no longer supports a given payment method, the Seller will make the refund using a payment method that most closely matches the characteristics of the payment method previously used by the Consumer.
The Consumer is required to return the Product to the Seller or deliver it to a person authorized by the Seller to receive such goods, unless the Seller has offered to collect the Product themselves, without undue delay and no later than 14 days from the day on which they informed the Seller of the intention to withdraw from the contract. The deadline is deemed met if the Product is returned before the 14-day period expires. The Consumer may return the Product to: via Ravanas no. 1, 70037, Ruvo di Puglia (BA). Please attach, if possible, the proof of purchase of the Product or a printed electronic proof of purchase.
If the Consumer requests to exercise the right of withdrawal granted by law, they become responsible for any diminished value of the Product resulting from handling the product beyond what is necessary to establish the nature, characteristics, and proper functioning of the Product. The Consumer’s liability may include, in particular, the impossibility of marketing the Product with the characteristics of an intact Product, any costs of reapplying labels and protective components to the Product, as well as any costs to restore the nature of the Product so as to allow its remarketing in the Online Store, including the costs of product inspection by a specialist technician and the costs of removing defects found during such inspection (to the extent that such defects are considered consequences of handling the product by the Consumer beyond what is necessary to establish the nature, characteristics, and proper functioning of the Product).
Termination of the contract
If one Party is in breach of any of the obligations under this contract towards the other, the other Party may request termination pursuant to Articles 1453 et seq. of the Civil Code, without prejudice in any case to the right to compensation for damages.
Pursuant to Article 1456 of the Civil Code, the party intending to avail itself of termination shall give notice to the counterparty by sending a registered letter with return receipt or PEC (Certified Email), indicating the reason; the effects of termination shall run from the date of receipt of the termination notice, as evidenced by the receipt returned to the terminating Party, and the Purchaser shall only be entitled to the return of any amount already paid.
Failure to collect the package
Given that collection of the product is a specific obligation of the Customer, at the time the Order is entrusted to the selected courier, the Seller will send a specific email informing the Purchaser of the imminent delivery, also through the shipping link.
The courier will make a first delivery attempt on the date indicated by the tracking; in the event of failed delivery, a second attempt will be made, subject to any need for address corrections and changes, for which the Purchaser must take action.
After the second unsuccessful attempt at delivery, the package will be held in storage at the Courier for the period established and indicated on the tracking page itself. Depending on the Courier, the storage can be lifted either by contacting the Courier directly or by contacting the Seller’s Customer Service.
Once the storage period has expired, the Order is returned to the Seller and the Seller will inform the Purchaser, who may request reshipment at their own expense within and no later than 5 days from receipt of the communication.
If in this case as well the Order is not claimed, the Seller will notify that the contract is legally terminated and will proceed to refund the amount paid by the Purchaser and to dismantle the package within and no later than 30 days from the communication sent; together with the refund, any “fagiana points” credited will also be removed and any discount codes used will not be reinstated.
If the Seller is not in a position to refund the price paid due to incompatibility of the payment method used at the time of purchase with an automatic credit, the Seller will ask the Purchaser to indicate the bank details to which they wish to receive the refund. After ten days without receiving a response, the Seller will issue a purchase voucher equal to the amount of the price to be refunded and send it to the Purchaser’s contact addresses. With the issuance of the voucher, the Purchaser will have no further claims against the Seller.
Provisions for non-consumer Customers.
This Article 14 of the Regulations concerns exclusively non-Consumer Customers.
The Seller has the right to withdraw from the Sales Contract concluded with the non-Consumer Customer within 14 days from the date of its conclusion. Withdrawal from the Sales Contract, in such case, may occur without stating reasons and does not entail any obligation on the part of the non-Consumer Customer towards the Seller.
In the case of non-Consumer Customers, the Seller has the right to limit the available payment methods, including requiring advance payment of part or all of the charges regardless of the payment method selected by the Customer and the conclusion of the Contract.
From the moment the Product is entrusted by the Seller to the shipping company, rights and duties related to the Product are attributed to the non-Consumer Customer. In particular, the risk of accidental loss or damage to the Product lies with the non-Consumer Customer; in such case the Seller assumes no responsibility for the loss, defect, or damage of the Product from the moment the Product is received by the shipping company until delivery to the Customer, as well as for any delay in the transport of the shipment.
The Seller’s legal warranty of conformity of the Product is excluded with respect to the non-Consumer Customer.
In the case of non-Consumer Customers, the Seller may terminate the Service Agreement or any other license agreement concluded under the Regulations with immediate effect and without providing reasons by sending the Customer a specific statement in any form.
Neither the Seller nor its employees, representatives, and authorized agents assume liability for any damage suffered, including loss of profit, by the Customer, their subcontractors, employees, representatives, and/or authorized agents, unless the damage was caused intentionally.
8. In any case attributable to the Seller’s liability, or that of its employees, representatives, and authorized agents, such liability to the non-Consumer Customer, regardless of the legal basis, is limited – whether for a single claim or for all claims in total – to the amount of the Price paid and the shipping costs arising from the last Sales Contract, but in any case not exceeding EUR 250.00.
Any dispute between the Seller and the non-Consumer Customer shall be submitted to the court having jurisdiction over the Seller’s registered office.
With respect to non-Consumer Customers, the Seller may, at any time, make changes to the Regulations in accordance with generally binding regulations.
Protection of the Purchaser’s privacy and data processing
The Customer’s Personal Data are processed by the Seller, who is to be considered the “Data Controller” of personal data.
Providing Personal Data by the Customer is voluntary, but it is indispensable for opening the Account, using certain Electronic Services, and concluding the Sales Contract.
The Seller protects its customers’ privacy and ensures that the processing of personal data complies with the provisions of privacy legislation pursuant to Regulation (EU) 2016/679 and applicable personal data protection legislation.
The personal and tax data acquired by the Seller, as data controller, are collected and processed in the forms and in accordance with the methods provided for by the site’s Privacy Policy and specific notices.
Dispute resolution and ODR platform
The consumer has the option of using the mediation procedures provided for by Legislative Decree of 4 March 2010 no. 28, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale.
Pursuant to Article 14 of European Regulation 524/2013, the Seller informs the Purchaser that in the event of a dispute they may file a complaint via the ODR (Online Dispute Resolution) platform made available by the European Commission and accessible at the following link https://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information on out-of-court settlement of disputes between Consumers and Traders.
The Seller, however, invites the Purchaser to use the “Contact Us” channel available at the link https://www.frantoiolamonarca.it/content/11-contatti to resolve any type of issue directly.
The use of further out-of-court systems for dispute resolution is optional and presupposes the formal consent of all parties.
Applicable law and competent court
This online sales contract is governed by Italian law. For any dispute relating to the interpretation and execution of this contract, the court of the place where the Purchaser, as a consumer, is resident shall have jurisdiction.
If any of the provisions contained in this online sales contract is deemed invalid, void or unenforceable for any reason, such provision shall be considered severable and shall not affect the validity and enforceability of the other provisions.

Attachments:

STANDARD FORM FOR EXERCISING THE RIGHT OF WITHDRAWAL

(complete and return this form only if you wish to withdraw from the contract)

  • To:

Azienda Vinicola ed Olearia di F. Lamonarca

via Ravanas no. 1,

70037 – Ruvo di Puglia (BA)

  • I/we() hereby give notice of withdrawal from my/our() contract concluded for the purchase()/for the delivery() of the following goods/services: ________________________

  • ordered on () / received on ()

  • Order Number (if applicable; optional)

  • Name and surname of the purchaser(s)

  • Address of the purchaser(s)

  • Signature of the purchaser(s) (if this form is sent in paper form)

  • Date

(*) Delete as appropriate

Document updated on 19 April 2023.