- Seller Data and definition of Buyer
1.1 The goods and/or services subject to the general conditions described below are put up for sale by Cesari S.r.l., company with registered office in Castel San Pietro Terme (BO), Via Stanzano 1120, VAT number 00535551204, Registration number in the Register of Companies: 01155030370 (Bologna), following also referred to as “Seller”.
1.2 The term “Buyer” indicates:
a) the natural consumer who buys for purposes unrelated to any business, commercial, craft, or professional activity;
b) anyone who is not qualified as a consumer since he/she is a natural or legal person who acts in the exercise of his/her business, commercial, craft, or professional activity, or their intermediary.
- Subject of the online contract
With these general conditions of sale, the Seller sells and the Buyer purchases remotely the products and services described and offered for sale on the website www.umbertocesari.com by means of telematic tools.
Cesari S.r.l. reserves the right to modify these General Conditions at any time, and to publish them on its website.
Any changes will apply only to sales concluded after the publication of the new conditions.
To ‘consumer’ Buyers the dispositions of Italian Legislative Decree no. 206/2005 (the so-called Consumer Code) and subsequent modifications shall apply.
The rules and provisions of the Italian Civil Code will apply to non-consumer Buyers.
These general conditions will apply only to sales carried out in Italy.
- Contract stipulation: procedure
The contract between the Seller and the Buyer is finalized online: the Buyer will access the website www.umbertocesari.com and, through the process therein contained, will make the proposal to purchase the desired products and/or services.
- Products and services.
4.1 The main features of the services and products, including the duration of the offer, the price (including VAT) and the delivery costs, can be checked by the Buyer before the stipulation of the contract and the payment. In particular, the types of products and services can be viewed in the (indicate specific sessions / exact links) section where the users will also find pictures representing the product and/or service.
4.2 No tariffs and/or fees are applied to access the website www.umbertocesari.com
- Conclusion and effectiveness of the contract.
5.1 The purchase orders made through the website www.umbertocesari.com, if complete and containing all the elements necessary to identify the products and the place of delivery and/or the services ordered, will constitute a contractual proposal on the part of the Buyer, expressed online.
5.2 Confirmation of order by Cesari S.r.l., sent via e-mail to the address indicated by the Buyer, is equivalent to an acceptance of the contract proposed.
5.3 The contract is considered concluded, and is binding for both parties, when the Order Confirmation is sent by the Seller to the Buyer.
5.4 The Seller may also refuse the order from the Buyer as per the case provided for by art. 7.2, and reserves the right to cancel any order in case of material errors inherent in the order or in the information sent by the Buyer via the website www.umbertocesari.com.
5.5 All orders will be considered valid only if expressly accepted by the Seller.
- Process for the conclusion of the contract
On the website www.umbertocesari.com, the Buyer will be able to:
– discover the products and/or services by Umberto Cesari highlighted in the section in the foreground, and view the complete range of products and services by choosing a category from the navigation menu;
– view each product and service sheet containing information on the formats and quantities currently available as well as the description and characteristics of the item;
– select the format and quantity of the desired product and/or service from the information sheet, and add the product and/or service to the cart;
– view the Shopping Cart section in which all the information concerning the products and/or services is summarized, and the transport costs are listed before purchase and payment;
– finalize the purchase, once the shopping session is over, by clicking on the appropriate button;
– where necessary, enter the shipping information and, to confirm the order, read and accept these general conditions and enter the chosen payment method (credit card, PayPal or bank transfer);
– in the next screen related to payment, check that the information entered is correct before clicking on the appropriate button to complete the purchase process.
Registration on the website is optional and not mandatory. Users can then purchase the products by registering at the website or even without registration (guest purchase). To register, the user must specify their personal data and their e-mail address, and enter a password of their choice (the latter two will allow access to the website).
Once the purchase order has been received, the Seller will transmit to the Buyer the receipt of the order containing a summary of the sale and proceed to ship the items, except as provided in the previous art. 5.5.
- Available products and services
7.1 The products on the website www.umbertocesari.com may be purchased by the Buyer in the quantities present in the warehouse at the moment the order is made.
7.2 The services/events advertised on the website will be confirmed upon reaching the minimum number of people as indicated on the website. If this minimum number is not reached, Cesari s.r.l. will communicate to the registered participants/buyers the cancellation of the event 5 days before the date of the same. In this case, the fee paid will be refunded.
The maximum number of participants for each event is indicated on the website. Cesari S.r.l. therefore reserves the right to refuse applications for registration beyond the maximum number.
8.1 Payments by the Buyer can be made only via one of the methods indicated on the Seller’s website (credit card, PayPal, or bank transfer).
8.2 In case of payment via PayPal, it is specified that for each purchase the PayPal system automatically debits the amount of € 1.00 to users who are not registered on the website www.paypal.com. In no case Cesari S.r.l. shall be required to reimburse such sum to customers who use PayPal without being registered on the website www.paypal.com. Cesari S.r.l. consequently declines any responsibility in this regard.
8.3 Communications concerning payments and data communicated by the Buyer are made on special lines, pursuant to current laws and regulations.
9.1 All sale prices of products and services advertised on the website www.umbertocesari.com are expressed in EURO and include VAT.
9.2 All prices of products and services on the website www.umbertocesari.com may vary and be modified by the Seller at any time.
- Shipping cost
10.1 Shipping costs for Italy amount to € 10.00, subject to subsequent changes.
For purchases of products of a total amount equal to or greater than € 200.00, shipping will be entirely free.
For users part of the Umberto Cesari Wine Club, shipping will be free of charge for all purchases equal to or greater than € 80.00 as well as for the first order.
10.2 If the Buyer opts for the “home delivery on appointment” service referred to in point 11.4, he/she will have to pay an additional charge of € 2.50.
- Delivery times and methods
11.1 The products ordered will be delivered to the address chosen and specified by the Buyer during the purchase process. We do not ship and/or deliver outside Italy.
11.2 Shipping, via courier, will take place within 15 working days from the order confirmation. The delivery time is not to be considered essential. Should it not be possible to send the goods within the indicated time, the Buyer will be promptly notified by e-mail.
11.3 If at the time of delivery the recipient is absent, a notice will be left and the Buyer will have to act as soon as possible to contact the courier in order to arrange a new delivery.
11.4 The Buyer may opt for the “home delivery on appointment” service to receive the products purchased on the day agreed-upon with the Seller.
11.5 No responsibility can be attributed to the Seller for delayed or failed delivery due to force majeure or unforeseeable circumstances.
11.5 For any information or notification regarding the shipment of orders, users can directly contact our Customer Service (Italian and English) from Monday to Friday, 09.00-12.00 am and 2.00-5.00 pm, by writing to www.umbertocesari.com, calling the number +39 051.6947821, or using the Live-chat service.
11.6 The services/events advertised on the website will be held on the day indicated on the website www.umbertocesari.com unless, due to force majeure or unforeseeable circumstances or in any case unavoidable circumstances, they cannot take place. In this case, Cesari s.r.l. will undertake, if possible, to postpone the planned event to another date, informing the Buyers in advance. If it is not possible to postpone the scheduled event, the fee paid by the Buyers will be refunded.
- Limitations of responsibility
12.1 The Seller will not be responsible for disservices caused by force majeure or unforeseeable circumstances, including disservices due to Internet malfunction.
12.2 Likewise, no liability can be ascribed to the Seller for any fraudulent or illegal use that third parties may make of credit cards and other means of payment used on the website www.umbertocesari.com.
12.3 With reference to the services/events advertised on the site, the Buyer declares:
– to be fully aware of any risks that may be incurred in during the activities proposed;
– to be of age;
– to accept all the conditions required by Cesari s.r.l.;
– to absolve Cesari s.r.l. from any liability for events that may arise as a consequence of his/her participation in the aforementioned activities, for any damage suffered to the person and/or his/her belongings or to third parties and/or their property in the performance of the same.
- Buyer’s Obligations
13.1 The Buyer undertakes to pay the price of the goods and/or services purchased on time and in the manner indicated both in these general conditions and in the order form.
13.2 It is forbidden:
to the Buyer to enter false and/or invented and/or fictitious data during the registration procedure described in point 6. Personal data and e-mail address must correspond to their real personal data and not to those of third parties, or fictitious;
– to register twice, where the registrations correspond to one person only;
– to enter data of third parties;
to minors to register and make purchases of goods and/or services.
13.3 In any case, the Buyer or who, in the case of minors, acts as such assumes all responsibility for the violations described above and undertakes to release the Seller from any prejudicial consequences as well as from all losses, damages, responsibilities, costs, charges, and expenses, including legal ones, that may be incurred into or suffered by the Seller as a consequence of any breach of the Buyer’s obligations and of the guarantees he/she has provided by accepting the present contractual clauses.
13.4 The Seller, Cesari S.r.l., owner of the website www.umbertocesari.com, reserves the right to prosecute any violation or abuse.
- Right of withdrawal
14.1 The possibility of cancellation or early withdrawal from the contract on the part of the Buyer is excluded, except as provided in the following point 14.3 for those who qualify as consumers and except as set out in point 15.
14.2 In case of illegitimate cancellation or withdrawal by the Buyer, Cesari S.r.l. is authorized to withhold the sum paid by the Buyer as a penalty, without prejudice in any case to the right to compensation for greater damage.
14.3 The Buyer that qualifies as consumer has the right to withdraw from this contract, without penalty and without specifying the reason, within 14 (fourteen) working days from the date on which the Buyer or a third party, different from the carrier and designated by the Buyer, has acquired physical possession of the ordered goods or: 1) in the case of multiple goods ordered by the Buyer through a single order and delivered separately, from the day on which the consumer or a third party other than the carrier and designated by the consumer has acquired physical possession of the last good to arrive; 2) in the case of delivery of goods consisting of lots or of multiple pieces, from the date on which the consumer or a third party other than the carrier and designated by the consumer has acquired physical possession of the last lot or piece.
Before the withdrawal period expires, the Buyer-consumer may exercise the right of withdrawal by informing the Seller of his/her decision to withdraw from the contract. To this end, the Buyer may:
a) use the standard withdrawal form in Annex I, part B, ex art. 49, paragraph 1, clause b) of Italian Legislative Decree 206/05 (the Consumer Code), the full text of which is available at this link.
b) present any other explicit statement of his/her decision to withdraw from the contract.
14.4 The declaration of withdrawal must be sent by registered mail with return receipt to the following address: Cesari S.r.l. Via Stanzano 2160 – 40024 – Castel San Pietro Terme (BO) or via PEC email at the address: [email protected].
14.5 In case he/she chooses to exercise the right of withdrawal, the Buyer is obliged to return the goods within 14 days from the date on which he/she has communicated to the Seller his/her wish to withdraw from the contract pursuant to art. no. 57 of Italian Legislative Decree 206/2005.
The goods must be returned to Cesari S.r.l. Via Stanzano 2160 – 40024 – Castel San Pietro Terme (BO).
14.6 The direct costs of returning the products are to be borne by the Buyer.
14.7 The goods must be returned intact, in the original packaging and complete in all their parts, and with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the Seller will reimburse the amount of the products covered by the withdrawal within a maximum period of 14 days, including any shipping costs.
14.8 As provided by art. no. 56, paragraph 3, of Italian Legislative Decree 206/2005 and as amended by Italian Legislative Decree no. 21/2014, the Seller may suspend the refund until receipt of the goods or until the Buyer has demonstrated that he/she has returned the goods to Cesari S.r.l.
The Seller will refund the Buyer using the same payment method chosen by the Buyer during purchase. In any case, the Buyer undertakes to provide the Seller with his/her bank details.
14.9 The Buyer acknowledges and accepts that said right of withdrawal is recognized, compliant to Italian Legislative Decree no. 206/2005, only to Buyers who are qualified as consumers.
14.10 Pursuant to art. no. 57, paragraph 2 of Italian Legislative Decree 206/2005, the Buyer is responsible for the decrease in the value of the goods resulting from a manipulation of the same different from that necessary to establish the nature, characteristics, and functioning of the goods.
14.11 The right of withdrawal, in addition to compliance with the terms and conditions indicated in points 14.3 and 14.4, will be considered valid and effective only if the following conditions are met:
– the purchased goods must be intact, with no signs of opening and/or tampering, and complete, with all the attached documentation;
– the goods must be returned sealed and in their original packaging;
– the returned goods must be sent to the Seller in a single shipment and no later than 14 days from the date on which the Buyer has notified the Seller of his/her wish to withdraw from the contract.
14.12 The parties agree and accept that the requirements of point 14.11 are essential conditions for exercising the right of withdrawal.
- Cancellation of events/tours and refunds
Pursuant to art. no. 59 (exceptions to the right of withdrawal pursuant to articles no. 52 to 58 of the Consumer Code), paragraph 1 (services relating to leisure activities if the contract includes a specific date or period of execution), with reference to events/tours, the right of withdrawal is excluded as specified in point 14. Buyers can still cancel an event and/or tour purchased online up to 3 (three) days before the date of the same by sending a written communication to the addresses provided at point 20 or by using the specific function of the event booking platform (Eventbrite).
In the event of cancellation within 7 (seven) days 168 hours from the date of the event/tour, the Seller will refund the Buyer for the full amount paid.
In the event of cancellation, for any reason, beyond the terms indicated above, the Buyer will not be entitled to any refund of the price and/or compensation.
- Settling of disputes
The parties expressly agree that the obligations referred to in points 8.1 and 13.1, undertaken by the Buyer, as well as the exact fulfilment of the obligations undertaken by the Seller in point 11.1, are essential and consequently the non-fulfilment of even one of them, if not determined by a fortuitous event or force majeure, will result in the termination of the contract pursuant to art. no. 1456 of the Italian Civil Code.
- Effectiveness and modification of the General Conditions of Sale (GCS).
17.1 These GCS are published on the website to be easily found and read by the Buyer before purchasing a product and/or service, accepted at a time before the forwarding of the purchase order, stored on their computer, and reproduced on paper by printing the file in which they are contained.
17.2 The GCS applicable to the sale of products and/or services are those published on the website at the time of the order. The Buyer, therefore, shall carry out the operations described above before proceeding with each purchase.
- Legal guarantee of conformity (arts. no. 130 and 132 of Italian Legislative Decree 206/05)
18.1 The Seller is liable toward the Buyer-Consumer for any lack of conformity existing at the time of delivery of the goods.
In case of receipt of products not conforming to the order made and/or defective, the Buyer-Consumer is entitled, without charge, to the restoration of conformity of the product through repair or replacement of the product itself, pursuant to paragraphs 3, 4, 5, and 6 of art. no. 130 of Italian Legislative Decree no. 206/05, or to an appropriate reduction of the price, or to the termination of the contract, in compliance with paragraphs 7, 8, and 9 of art. no. 130 of Italian Legislative Decree no. 206/05.
18.2 Pursuant to art. no. 132 of Italian Legislative Decree no. 206/05, the Buyer-Consumer can exercise this right if the defect occurs within two years from the delivery of the goods and if it is reported to the Seller within two months of its discovery.
- Contract Filing
Pursuant to art. no. 12, paragraph 1, clause b) of Italian Legislative Decree no. 70/2003, the Seller informs the Buyer that every order sent is filed in digital/paper format on the server/at the Seller’s headquarters, in compliance with privacy and security criteria.
- Communications and complaints
Written communications to the Seller and any complaints will be considered valid only if sent to the following address: “Cesari S.r.l. Via Stanzano 2160 – 40024 – Castel San Pietro Terme (BO)”, or at the email address [email protected], or at the e-mail address [email protected]. In the registration form, the Buyer shall indicate his/her place of residence or domicile as well as the telephone number or the e-mail address with which he/she wishes to communicate with the Seller.
- Applicable law and competent court. ODR (Online Dispute Resolution: an alternative dispute resolution method)
21.1 All disputes relating to the application, execution, interpretation, and violation of purchase contracts stipulated online through the website www.umbertocesari.com shall be governed by these general conditions and subject to Italian law. This will be enforced even if they are performed, in whole or in part, abroad.
In any case, if the Buyer is a consumer, the competent court is that of the place of residence or domicile of the consumer, if located in Italy. If the domicile of the Buyer-Consumer or his/her place of residence is not within Italy, the competent court will be that of the place of performance of the contract.
For all other cases, the jurisdiction is that of the Court of Bologna.
21.2 Pursuant to the provisions of art. no. 14 of the EU Regulation no. 524/2013, we inform the User that he/she has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between Seller and Consumer. The European ODR Platform has been developed and is managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013 in order to facilitate an independent, impartial, transparent, effective, quick, and equitable out-of-court settlement of disputes concerning contractual obligations deriving from sales contracts or online services between a Consumer resident in the European Union and a professional service established in the European Union through the intervention of a member ADR body (alternative dispute resolution), which can be selected from a special list available there. For more information on the European ODR Platform or to launch, through the latter, an alternative resolution procedure for a dispute related to this contract, you can access the following link: http://ec.europa.eu/odr. The Seller’s e-mail address to be included in the European ODR Platform is as follows: [email protected].
21.3 In case of failing to participate in the attempt at conciliation referred to in the previous art. no. 21.2 or in the event that the attempt should have a negative outcome, for any dispute relating to the application, execution, and interpretation of these General Conditions of Sale, when the User is also a Consumer, the competent court is that referred to in paragraph 21.1.
- Confirmation of the acknowledgement of the General Conditions of Sale and of restrictive clauses
The computer system related to the completion of the order is such as to prevent confirmation and validation of the same in the absence of an explicit consent on the part of the Buyer that confirms he/she has read the conditions of sale and the restrictive clauses.
Via Stanzano, 1120
Castel San Pietro Terme
Help with Purchasing
Tel: +39 051 6947821
Mon/Fri 9-12 am, 2-5 pm