Termini e Condizioni — Traduzione Integrale EN

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TERMS AND CONDITIONS www.enolora.it

These Terms and Conditions (T&C) govern the sale of products offered by D.E.A.G. Alimentari di De Marco Claudio C. s.n.c., represented by its legal representative pro tempore, through the website www.enolora.it (the "Website"), to the user placing a purchase order.

Company Details

Registered office: Via Nazionale dello Stelvio 130/a, 23030 Chiuro (SO)

VAT number: IT00653660142

Phone: +39 0342 482773

E-mail: info@enolora.it

PEC: deag@arubapec.it

(hereinafter also referred to as the "Seller" or "DEAG Alimentari")

1. RECITALS

a. DEAG Alimentari is the owner of the website www.enolora.it and of the content published therein; the Website may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or linked to without its prior consent.

b. Through the Website, the Seller carries out the sale of wines, champagnes, spirits and food products (the "Products"), pursuant to Legislative Decree no. 70 of 9 April 2003, governing electronic commerce (e-commerce), and Articles 45 et seq. of Legislative Decree no. 206 of 6 September 2005, as subsequently amended ("Consumer Code") for consumers, and the Civil Code for professionals.

c. DEAG Alimentari accepts orders from Customers acting both as consumers and as professionals, companies or sole traders (hereinafter the "Customer" or "Customers"). Pursuant to Article 3, paragraph 1, letter a) of the Consumer Code, a Consumer is a natural person acting for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity they may carry out. The entry of a VAT number during the purchase process is considered an indication that the purchase is being made by a Professional acting for purposes related to their entrepreneurial, commercial, artisanal or professional activity. Where one or more sales are made to a Professional, these general terms and conditions of sale and the Italian Civil Code shall apply, as the consumer protections reflecting or complying with mandatory provisions of law shall not be applicable to them.

d. Professionals (Customers purchasing for purposes related to their entrepreneurial, commercial, artisanal or professional activity) may contact DEAG Alimentari through the form available at https://enolora.it/pages/ho-re-ca-b2b for customised orders.

e. Use of the Website is permitted only to persons who have reached the age of 18 or who are otherwise of legal age. DEAG Alimentari encourages Customers of all ages to consume alcoholic beverages responsibly.

f. The Seller declares:

• to hold/possess all rights, licences, authorisations and certifications required by law for placing the Products on the market;
• to guarantee compliance with all food safety requirements and obligations where necessary and as required by applicable legislation.

g. These recitals form an integral and substantive part of these T&C.

2. CONDITIONS OF USE

a. Before placing and therefore proceeding with payment of an order, the Customer is required to carefully read these Terms and Conditions. Submitting an order, whether through the standard purchase flow or via express checkout, implies full knowledge and express acceptance of the T&C.

b. The Customer may choose to make purchases on the Seller's website as a registered user or as an unregistered user. If the Customer is registered, their billing and delivery details will be displayed automatically and may be amended as needed. If the Customer is not registered, they will be required to enter such details with each purchase.

c. It is the Customer's responsibility to keep their login credentials secure and confidential. Purchases and activities carried out through the Website are the Customer's responsibility; in the event of lost credentials or purchases made by unauthorised third parties via the Customer's account, the Customer must notify DEAG Alimentari promptly.

d. Any use contrary to or inconsistent with these T&C, or that may cause damage, interruption or limitation to the Website, or that violates the rights of third parties, is prohibited.

e. The legal conditions applicable to the Seller-Customer relationship are those in force at the date of transmission of the purchase order. These may be amended at any time. Any amendments and/or new conditions shall be deemed in force from the moment of their publication on the Website.

f. For any request or communication, the Customer may contact the Seller using the contact form at https://enolora.it/pages/contatti, by calling +39 0342 482773, via WhatsApp at +393485647578, or by email at info@enolora.it.

g. The Customer acknowledges, accepts and consents to the fact that all communications, notifications, information and any documentation relating to operations carried out in connection with the purchase of Products will be sent to the email address provided at the time of registration or order submission, with the possibility of downloading such information on a durable medium in the ways and within the limits provided for by the Website.

3. SUBJECT MATTER

a. This Agreement aims to define the contractual conditions applicable to sales conducted by means of electronic commerce, covering exclusively the products offered and displayed by DEAG Alimentari on the Website to Customers.

b. The characteristics and price of the Products for sale on the Website are set out on each Product's individual page. It is noted that the image accompanying a product description serves a purely illustrative purpose and may not perfectly represent the product's characteristics, differing in colour, size or other features due to the settings of the computer systems or devices used by Customers. Therefore, for the purposes of the purchase agreement, the product description contained in the Product page and the order form submitted by the Customer shall prevail.

c. The agreement is entered into with the Customer identified by the details entered in the order form, which is transmitted electronically following acceptance of the T&C.

d. Products sold on the Website may be purchased and delivered to the countries listed on the Website.

4. PURCHASE PROCESS

a. After adding one or more Products to the cart, the Customer views a summary of the details, may modify the order and may proceed with confirmation by providing the required information, including the delivery address and chosen payment method.

b. At the time of submitting the order, the Customer also undertakes to accept these Terms and Conditions.

c. Once the Customer clicks on the "Complete your purchase and pay" button or the express checkout button, the Customer undertakes to conclude the agreement and the Seller processes the order and the relevant payment, subject to the provisions of the following paragraph.

d. Correct receipt of the order is confirmed by the Seller by means of a confirmation email sent to the email address provided by the Customer when completing the order form. From this moment, the agreement between the Seller and the Customer is perfected. This message states the date and time of receipt of the order, a 'Customer Order Number' to be used in all further communications with the Seller, the link to the website page containing these Terms and Conditions as accepted by the Customer, the information strictly necessary to summarise the essential characteristics of the product purchased, the price, the payment method used, the delivery costs and any additional charges. The message also reproduces all the data entered by the Customer at the time of order confirmation, which the Customer undertakes to verify for accuracy and to promptly communicate any corrections by email or through the contacts at https://enolora.it/pages/contatti.

e. Registered Customers may also check the status of their order by accessing the dedicated web area at https://enolora.it/account/login.

f. The Seller must be able to request further information by email or telephone, particularly in order to properly fulfil its contractual obligations. Customers are therefore required to enter accurate data in the order form.

g. The Seller reserves the right not to process purchase orders that do not provide sufficient guarantees of solvency or that are incomplete or inaccurate. In such cases, the Seller undertakes to notify the Customer promptly. In the event that an order form has been submitted and the price paid, the Seller shall reimburse any amount already advanced.

5. AVAILABILITY

a. All product orders are subject to availability. The Website is constantly updated in order to ensure maximum correspondence between the Seller's available stock and that indicated on the Website.

b. As simultaneous access by many user-customers and the concurrent possibility of online orders may alter product availability as entered by the Customer in the order, DEAG Alimentari cannot guarantee the certainty of allocation of ordered goods and therefore the conclusion of the agreement.

c. For certain products that are subject to price promotions, the Seller reserves the right to accept orders while reducing the quantities, subject to prior communication and acceptance by the Customer; failing such acceptance, the order shall be deemed cancelled.

d. The Seller may cancel the order in the event of product unavailability. In such cases, the Seller shall notify the Customer by email or by telephone where possible, that the agreement has not been concluded and that the Seller has not processed the order, specifying the reasons. In such circumstances, any amount already reserved on the Customer's payment method shall be refunded. Notification of the completed refund shall be provided by email.

e. In the event of product unavailability, the Seller reserves the right to contact the Customer by telephone in order to agree on an extended delivery timeframe or, alternatively, a substitute product of equivalent price; following such agreement, the Seller shall provide an updated summary by email regarding the modification of the previously indicated delivery terms.

f. In all cases of order cancellation by the Seller, for any reason whatsoever, it is understood that the Seller cannot be held liable for any damages arising from the cancellation.

6. PRICES AND PAYMENTS

a. All published prices are expressed in Euros and are inclusive of VAT based on the type of Products, as required by Italian regulations for shipments destined for Italian territory.

b. The Seller may amend the selling prices of the Products at any time and without prior notice or need for justification or explanation, but such amendments shall not apply to orders already submitted and accepted.

c. In the event that an incorrect and/or clearly derisory price is published, for whatever reason (system error, human error, etc.), the order shall be promptly cancelled, even following initial validation.

d. Save as indicated in the preceding paragraph, the validity of prices is always and solely that indicated in the confirmation sent to the Customer following submission of the order.

e. All Products are shipped from Italy, and for deliveries outside the EU the Customer accepts that the goods are subject to customs duties and any other taxes and charges due based on the nature and value of the goods, for which the Customer is responsible, and on the regulations in force in the country of destination.

f. The prices of Products shown on individual product pages do not include shipping costs, which are displayed in the order summary prior to the request for confirmation of the order by the Customer. Shipping costs may be amended at any time by the Seller, but such amendments shall not apply to orders already submitted and accepted.

g. All purchases made on the website are secure, as guaranteed by SSL certification and the corresponding HTTPS protocol. The payment methods offered involve exclusively multi-referenced circuits.

h. The Customer may make payment through the omnichannel Payplug system by credit and debit card on the circuits indicated on the Website, PayPal, and bank transfer. It is understood that the Seller is not a party to the contractual arrangements entered into by the Customer with payment service providers. The Customer guarantees to the Seller that they hold the necessary authorisations to use the chosen payment method for their order at the time of submission. If payment fails or is refused by the service provider, DEAG Alimentari shall not fulfil the order.

i. All orders are payable in Euros, inclusive of all applicable taxes and mandatory contributions.

l. At no point during the purchase process is the Seller able to access information relating to the Customer's credit card, which is transmitted via a cryptographically encrypted connection directly to the site of the entity managing the electronic payment.

m. Under no circumstances may the Seller therefore be held liable for the fraudulent or unlawful use of credit or prepaid cards by third parties.

n. For each order placed, where the Customer has expressly requested it by ticking the relevant box in the order submission form and has provided the necessary details (a valid VAT number, or, in the case of an Italian consumer, a valid tax identification code for Italy) at the time of registering their account, the Seller shall issue an invoice for the dispatched order, sending it upon the user's request by email to the Customer in whose name the order was placed. The details shown on the invoice shall be determined solely by the information provided by the Customer at the time the order was processed. No amendment to the invoice is possible after it has been issued.

7. PROMOTIONS

Enolora reserves the right to offer discounts or special promotions for the purchase of Products for limited periods of time. Such promotions or discounts are available at https://enolora.it/collections/prodotti-scontati and are always subject to these terms and conditions.

8. SHIPPING INSURANCE

To guarantee the integrity of the Products during transport and delivery, DEAG Alimentari offers the Customer the option of taking out shipping insurance, at the following costs:

• Orders with a value exceeding €400.00 and below €1,000.00: €20.00
• Orders with a value exceeding €1,001.00 and below €2,000.00: €30.00
• Orders with a value exceeding €2,001.00 and below €3,000.00: €50.00
• Orders with a value exceeding €3,001.00 and below €4,000.00: €70.00

Shipping insurance is offered to the Customer during the checkout process and may be removed prior to order confirmation.

9. DELIVERY METHODS AND COSTS

a. The Seller accepts orders with shipments to all countries indicated in the table below. For shipments within national territory, the appointed courier is SDA for uninsured orders and DHL for orders with active insurance coverage. For shipments to European Union countries, the appointed courier is DHL. For orders outside the European Union, the logistics provider appointed is IWS, which makes use of carriers such as UPS, DHL and FedEx. Please check all details in the table below.

b. It is noted that delivery times are indicative and calculated from the date of dispatch. DEAG Alimentari is not responsible for any delays due to customs clearance procedures, but undertakes to minimise any potential inconvenience.

c. Purchased products may be delivered to the address indicated by the Customer in the order by the date stated in the Shipment Confirmation. The Customer has the option of collecting the order directly from DEAG Alimentari's premises at Via Fiorenza 5, 23030 Chiuro (SO). In the event of collection from the Seller's premises, the collection date will be communicated in the Shipment Confirmation.

d. "Order processing times" refers to the interval of time elapsed from receipt of the order to delivery of the product to the courier.

e. Delivery times for ordered goods are purely indicative and may be subject to variation due to force majeure or traffic and road conditions in general, or due to acts of Authority (e.g. customs authority), as well as any delays attributable to the carrier. No liability may therefore be imputed to the Seller in the event of delay in processing the order or delivering the goods for reasons not attributable to the Seller.

f. Unless otherwise specified in the order summary prior to making the purchase, shipping costs are borne by the Customer and are detailed prior to payment. The Seller reserves the right to amend shipping policies at any time and to provide appropriate notice at the time of the order.

10. DELIVERY

a. Delivery is deemed to have occurred, or the order to have been delivered, upon the Customer or the recipient of the order other than the Customer, or any third party designated by them, obtaining physical possession of the Product, as evidenced by the signature of one of the aforementioned parties on the delivery receipt at the agreed shipping address.

b. It is the Customer's responsibility — or that of the aforementioned parties — to be available during the day on the dates indicated for collection of the Products at the address specified at the time of purchase. The Courier is under no obligation whatsoever to give the Customer advance notice or to deliver the products at times indicated by the Customer.

c. If at the time of the courier's call during the communicated days and/or time slots, the Customer — or their designee or the recipient of the products — is not present, a second delivery attempt will be made on the day following the first.

d. In the event that the second delivery attempt also fails due to the recipient being absent, the parcel remains in storage for 15 days at a cost of €8.00 for opening the storage file plus €0.55 per day of storage. In order to resume delivery, DEAG Alimentari will need to release the shipment via the portal for re-delivery, return to sender, or any other desired action. All storage and re-delivery costs to the recipient or to the sender shall be charged to the Customer.

e. Upon delivery of the products, the Customer is required to check:

• that the number of packages delivered corresponds to what is indicated in the transport document sent to them;
• that the packaging is intact, undamaged, or in any case unaltered and with the closure seals intact.

f. Any visible damage or discrepancy in the number of packages must be immediately raised with the delivering courier by noting "received under reserve." In the specific case of a damaged parcel, the courier's consignment note must include the annotation: "received under reserve because the parcel is damaged."

g. Once the courier's document has been signed without reservation, the Customer may not raise any objection regarding the external characteristics of the items delivered.

h. Should the Customer provide an incorrect shipping address, the order will be delayed and additional shipping costs and handling charges will be incurred for returned or redirected orders. In such cases, no refund may be requested.

11. RIGHT OF WITHDRAWAL

a. Exclusion of the right of withdrawal

Pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded for Products that are liable to deteriorate or expire rapidly and for sealed Products that are not suitable for return for reasons of hygiene or health protection, or that have been opened after delivery (e.g. if upon opening it is found that the wine has taken on a corked flavour, it cannot be returned).

The Customer is informed and accepts that wines fall within this category, as the characteristics and qualities of such Products are subject to alteration even as a result of improper storage. Therefore, for reasons of hygiene and Customer protection, the right of withdrawal is applicable only to Products purchased on the Website that can be returned to DEAG Alimentari and re-placed on the market without risk to consumer health. In cases where the right of withdrawal is excluded, DEAG Alimentari does not accept returns from the Customer, who will be charged for any return shipping costs.

The right of withdrawal is in any case excluded for non-European Customers and for Professionals.

b. Conditions for return

The right of withdrawal applies to Products purchased in the packaging in which they were received, provided they are intact, or in packaging that guarantees their integrity during return.

Where requested by the Consumer, DEAG Alimentari reserves the right to assess the possibility of a refund exclusively for long-shelf-life products (e.g. "cose buone" / specialty food items), subject to verification by DEAG Alimentari of the actual integrity and proper storage condition of the goods.

c. Refund

Any refund of the price paid and the relevant delivery costs shall be made, where possible, by the same payment method used by the Customer when purchasing the Product or, alternatively, by bank transfer to an IBAN provided by the Customer or to their payment method.

d. Incorrect, damaged or visibly altered products

In the event of receipt of a product different from the one ordered (meaning only cases where the error is attributable to the Seller), or damaged (due to a cause attributable to the Seller or the courier), or visibly altered, the Customer is required to report such errors or defects promptly, preferably within 48 hours of delivery, and in any case no later than 14 days from delivery. In any event, errors or defects may not be reported after the Product's expiry date. The Customer may contact customer support at info@enolora.it, stating the order number, article code, date of purchase and the damaged product, and must mandatorily provide evidence (photo/video) from which the error or defect of the damaged, incorrect or visibly altered product can be clearly established without the need to open it.

e. The costs of returning the Product are borne by the Consumer, unless the return is due to the Seller or the courier.

f. Authorisation to return Products does not in any way constitute acknowledgement of defects or non-conformity, the existence of which must be established following the return.

g. The Customer is advised not to handle the Product beyond what is strictly necessary and must wrap the original packaging of the products in additional protective packaging that preserves their integrity and protects them during transit, including with regard to markings or labels.

h. Products for which the Seller authorises return for the aforementioned reasons must be returned by the Customer, together with a copy of the return authorisation communication bearing the "Return Code," within 14 (fourteen) days of reporting the defect or non-conformity, and sent to the following address: Via Fiorenza 5, 23030 Chiuro (SO).

12. WARRANTY FOR DEFECTS

a. DEAG Alimentari guarantees that wines are stored in a warehouse at constant temperatures between 12 and 15 degrees Celsius, thereby ensuring the perfect integrity of the product. Every bottle is packaged and shipped with the utmost care to ensure it reaches the Customer in impeccable condition.

b. DEAG Alimentari delivers to the Customer goods that conform to the sales agreement. Save as provided for in the following paragraphs and in the conditions applied by the manufacturer, the statutory conformity guarantee applies to the items available on the Website and purchased by the Consumer — not the Professional — in accordance with the laws of the country in which the Consumer habitually resides.

c. When a conformity defect is identified, the Consumer-Customer must notify DEAG Alimentari in writing, stating, in addition to the reason, the order number of the purchase and the fiscal documentation received.

d. The warranty does not apply to certain wines, in particular to vintages more than 10 years old. The warranty furthermore does not apply where the reported defects arise from improper storage, handling, use or transport of the product by the Consumer, or from failure to comply with the instructions provided by the food manufacturer on the product label. Equally, the warranty does not apply where the defect is attributable to the Consumer's negligent or wilful conduct, or arises from other causes unrelated to the production and transport of the product to the Consumer's address.

e. In the event that, following quality and food safety control checks, the Product fails to meet conformity standards or poses a serious health risk, the Seller shall take all measures necessary to prevent it from being placed on sale, with consequent withdrawal from the market.

13. ALTERNATIVES TO PRODUCT RETURN

a. Product replacement

The Customer may request a product replacement by sending an email to info@enolora.it, attaching photos/videos evidencing the actual damage to the item.

b. Partial refund

In the event of a qualitative, quantitative or descriptive error in the product, the Customer is entitled to request a partial refund by email to info@enolora.it.

14. CUSTOMER SUPPORT AND COMPLAINTS

a. All enquiries relating to orders placed on the Website must be directed to the following contacts:

• Phone: +39 0342 482773
• WhatsApp: +393485647578
• Email: info@enolora.it

b. Customer Support – Complaints is available on the following days and hours: Monday to Friday, 09:00–17:00.

c. Correspondence received after the close of business on a given day will be treated as having arrived at the start of the next working day.

d. For any complaint, the Customer must first contact the customer support service using the contact details provided above, setting out the reason for the complaint. The complaint will be handled through internal procedures; upon completion of the investigation, a written final response to the complaint will be sent.

15. EXPRESS TERMINATION CLAUSE

The Seller is entitled to terminate the agreement entered into by simply notifying the Customer and stating the reason, where its legitimate interest is proportionate to the Customer's interest in the purchase; in such case the Customer is entitled exclusively to restitution of any amount already paid, without any further claim whatsoever.

The obligations assumed by the Customer, the entry of accurate data in the order forms, as well as the guarantee of successful completion of payment made by the Customer by the means referred to in Article 6, are of an essential nature, such that, by express agreement, the Customer's failure to fulfil the obligations underlying the performance of the agreement and the quality of the service (including, without limitation, conduct that obstructs or does not facilitate the shipment of the Products by the Seller) may result in automatic termination of the agreement pursuant to Article 1456 of the Italian Civil Code.

16. LIMITATION OF LIABILITY

a. The Seller assumes no liability for the possible fraudulent or unlawful use by third parties of credit cards or other payment methods at the time of payment for purchased Products, provided it can demonstrate that it adopted all reasonable precautions based on the best available technology and expertise at the time and in accordance with ordinary diligence.

b. The Seller is in no way responsible for improper or non-conforming use of the Products or their packaging, or in any case for any conduct by the Customer and/or recipient of the order contrary to proper consumption of the product itself, or to the maintenance of a healthy lifestyle, a varied and balanced diet, and physical activity.

c. DEAG Alimentari excludes all liability on its part, save in cases of wilful misconduct or gross negligence, in the event of a purchase made by a person under 18 years of age or a minor who declares a different age.

17. ONLINE DISPUTE RESOLUTION

Pursuant to and for the purposes of Article 14 of EU Regulation no. 2013/524, Customers residing in European Union member states are informed that for the resolution of disputes relating to this agreement and the online services offered by the Website, recourse may be had to the Online Dispute Resolution (ODR) procedure provided for by the European Commission, accessible at the following link: https://webgate.ec.europa.eu/odr/.

In compliance with the aforementioned regulations, it is further communicated that DEAG Alimentari's dedicated email address is info@enolora.it.

18. LANGUAGE OF THE AGREEMENT, APPLICABLE LAW AND JURISDICTION

These T&C are governed by and construed in accordance with Italian law, without prejudice to any differing mandatory rules of the country of residence or effective domicile of the European Consumer-Customer.

The T&C are prepared in an Italian version and an English version. In the event of a conflict between the two texts, the Italian version shall prevail.

For any dispute between the Consumer and the Seller, jurisdiction shall lie with the court in the district where the Consumer has their residence or domicile, if located in Italy or in the European Union. In all other cases, the competent court shall be that of Milan.

19. FOR PURCHASES MADE AS A COMPANY OR VAT-REGISTERED ENTITY AND FOR CONSUMERS RESIDENT OUTSIDE THE EEA

Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Professional or the consumer with residence or domicile outside the European Union declares to have carefully read the agreement and to expressly approve the following clauses: Art. 9, letter b) customs clearance; Art. 11, letter a) exclusion of the right of withdrawal; Art. 12 warranty; Art. 18 jurisdiction.