GENERAL CONDITIONS OF SALE 

The sales services available on this online sales site are reserved exclusively for professional clients, within the scope of their professional and/or entrepreneurial activity, or for needs connected to it. These general conditions of contract govern the methods and terms applicable to the submission of purchase orders and the sale of goods and, in general, to the set of activities and operations that users can perform and that are made available through the website www.maranello.wine (hereinafter “Site”). 

The use of the services made available on the Site is subject to prior full reading of these conditions and attachments and their express acceptance. If the user uses the service on behalf of their employer, by accepting these conditions, they confirm that they have all necessary authorization, assuming all responsibility consequent to mendacious and false declarations. 

These General Conditions have been drafted and prepared in compliance with current legal norms including Legislative Decree No. 70/2003 and may undergo unilateral changes in compliance with national and/or European legal provisions.

1 – OBJECT

The present General Terms and Conditions of Sale concern the online sale of products through the electronic commerce service on the website www.maranello.wine. The main features and prices of the products, including any additional costs, are clearly indicated directly on the Site. The products sold on the Site can only be delivered to countries within the Italian territory and the Republic of San Marino. For orders originating from outside the Italian territory, the products are considered delivered to the seller’s warehouse in Italy, and therefore transportation and related costs remain the responsibility of the customer. To verify the possibility of fulfilling requests for product shipments outside the Italian territory or the Republic of San Marino, the Customer can contact Maranello Wines Customer Service to obtain an estimate of costs and delivery times.

2 – LOGIN CREDENTIALS

For existing customers of “MARANELLO WINES Società Cooperativa”: The request for activation of the account necessary to access the Site’s Services for Customers who have already purchased products can be made directly to the Seller’s customer service.

For non-customers: Users can request the creation of an account by clicking the “Register” button on the page accessible from the “Register/Login” section.

Users are required to provide the information requested in the appropriate online form, after consulting and accepting the present general conditions and the privacy policy on the website. The account activation request will be processed, and in case of a positive outcome, the Customer will receive an email containing a link to set the new password. The username is the email address entered during the registration request.

By accessing their Profile, the Customer can modify some of their data at any time. To change the data related to the company name and/or any other information relevant to billing, the Customer must contact Customer Service.

The Customer acknowledges and accepts that third-party knowledge of their authentication credentials could allow unauthorized use of the Services assigned to them. Therefore, the Customer commits to preserving and using these credentials with the utmost confidentiality and diligence. Additionally, the Customer agrees to promptly report in writing any unauthorized use of their identification codes or passwords and any other security violation they become aware of, including theft, loss, or misplacement.

3 – HOW TO PROCEED WITH THE PURCHASE

The products are sold directly by the company “MARANELLO WINES Società Cooperativa”. For any information request, you can contact Customer Service using the methods and hours indicated in the “Contact Us” section.

These General Terms and Conditions of Sale govern the offer, submission, and acceptance of purchase orders for products listed on the Site. The photographs displayed on the Site serve a purely indicative purpose, and variations are possible due to technical characteristics and color resolution features of the computer you are using. Consequently, the Seller will not be liable for any inadequacy in the graphical representations of products shown on the Site if it is due to the aforementioned technical reasons, as these representations are purely illustrative.

3.1 PRODUCT AVAILABILITY

At the time of placing the Order, the Customer can verify the availability through the green color graphic symbols indicating availability and red in case of immediate unavailability of the Product. 

The availability of the Product may affect delivery times. Should the products, presented on the website, no longer be available or for sale after the submission of the Order, it will be the Seller’s responsibility to inform you promptly and in any case within fifteen (15) working days from the day following the one on which the Seller receives the Order, of any unavailability of the ordered Products, which could affect delivery times.

3.2 COMPILATION AND SUBMISSION OF THE ORDER

An online sales contract is defined as a distance contract concerning the sale of wines packaged in special hermetically sealed glass containers and packed in suitable boxes placed on pallets, suitable for transport by truck and/or container. To conclude the purchase contract for one or more Products, the Customer must fill out the order form in electronic format (“Order”) and send it to the Seller following the instructions on the platform. 

Before confirming the Order, the Customer may access the Cart or their Profile to modify and correct the list of products in their cart. The Order is considered concluded when the Customer has correctly filled out all the online forms without any error message. 

The Customer is required to verify the accuracy of the content of each order before proceeding with the confirmation.  The Products are sold to the Customer identified by the data provided at the time of filling out and sending the electronic order form, with the simultaneous acceptance of these General Conditions of Sale. 

By accepting these Conditions of Sale, the User releases the Seller from any liability arising from the issuance of incorrect fiscal documents due to errors related to the data provided at the time of placing the order online, as the Customer is solely responsible for their correct entry.

The purchase of products can be carried out following the instructions and technical steps described on the website, in accordance with the following instructions:

1.  Select one or more Products following the instructions described on each web page, add them to the cart. Verify the cart’s content and confirm by pressing the “Proceed to Checkout” button.
2. Choose a payment method from the options provided.
3. Confirm the order by clicking the “Next” button

The Customer will receive an email containing the order summary, product details, selected specifications, price, and a link to the current Terms and Conditions.

Each order confirmed by the customer will be automatically or physically archived at the seller’s headquarters.

The contract is considered concluded when the seller receives the order (except in the case of payment by bank transfer), subject to data accuracy verification. Following order confirmation, it will be processed for proper fulfillment. 

Any requests for modification and/or cancellation of the purchase order will be considered if communicated to the seller in writing via email addressed to Maranello Wines’ customer service. 

This must be done before the order is shipped and within 72 hours after the order is placed using the methods described above

4 PRICES AND PAYMENT METHODS

Unless otherwise specified in writing, all prices for the products listed on the website and in the order are expressed in Euros, excluding VAT, shipping, and delivery charges (if applicable), which are separately indicated in the order. Product prices and shipping costs may vary without prior notice, so it is the customer’s responsibility to verify the final selling price before submitting the order.

The payment for the products and related shipping and delivery charges can be made using one of the following methods:

1. Credit Card Payment 
2. Bank Transfer Payment: In this case, the order will be processed after verifying successful payment, which may take a few days.

The customer cannot assert any rights or raise exceptions of any kind unless they have correctly and fully made payments according to the agreed-upon methods. Under no circumstances can the seller be held responsible for any fraudulent or unauthorized use of credit cards or prepaid cards by third parties .

5. SHIPPING AND DELIVERY MODE

The delivery methods are those indicated below and are subject to the provisions of INCOTERMS 2020.

Delivery at the Seller’s warehouse and collection by the Customer

In this case, the goods are considered delivered EX WORKS / Free Factory and it means that the seller makes the delivery by making the goods available to the buyer at their premises or other agreed place (factory, warehouse, etc.). The seller is not obliged to load the goods onto the pickup vehicle, nor to clear them for export, in case such clearance is provided.

Only in the case that it is provided by the procedure, the following alternative delivery method can be selected:

Delivery at the address indicated by the Customer with delivery care of the Seller

In this case, the goods are considered delivered with the clause “CPT / Transport Paid up to” and it means that the seller makes the delivery by handing over the goods to the carrier or another person designated by the same seller at an agreed place (if such a place has been agreed between the parties) and that the seller must enter into the transport contract and bear the necessary expenses for sending the goods to the agreed destination place.

6. DELIVERY TIMES

The Seller undertakes to deliver the Products to the Customer within 10 working days from receipt of the order, except in cases of force majeure or different agreement expressly made between the parties in derogation of these conditions. The delivery time may vary in the presence of unforeseen circumstances. Its exceeding does not lead to the cancellation of the order nor to the payment of penalties and/or compensation for damages and/or interests

7. RETURNS AND NON-COMPLIANT PRODUCTS

In the presence of any defect or non-conformity of the Products, the Customer must contact the Customer Service in the ways and times indicated in the section “How to contact us”. 

At the time of delivery of the Product, the Customer is required to verify the conformity of the Product and its integrity. 

Any quantitative disputes or complaints related to the Products can be raised, under penalty of forfeiture, no later than the moment of unloading of the goods, reporting it to the carrier who will make a special annotation in the transport document. 

Any hidden defects of the Products must be reported, under penalty of forfeiture, within and no later than 2 (two) days from the unloading of the goods, by written dispute to the Customer Service, specifying the discrepancies found and attaching the supporting documents. 

The Parties agree to consider ineffective the reports received beyond this term.

8. LIMITATIONS OF LIABILITY

The Seller shall not be liable for any damages suffered by the Customer or by Third Parties, directly or indirectly, as a result of the use of the services provided or for the information, data, and content entered and otherwise processed by the Customer through the service, except in case of fraud or gross negligence.

The Seller commits to ensuring the best functionality of the platform but assumes no responsibility towards its Customers or Third Parties for delays, malfunctioning, suspension, and/or interruption in the provision of the Service, which are determined by causes not attributable to it.

In such cases, the Seller will not be liable for any loss, damage, and/or injury suffered or to be suffered by the Customer and/or by Third Parties.

9. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

Any material that is subject to intellectual and/or industrial property rights made available to the Customer must be used by them in compliance with the licenses and/or the applicable reference legislation.

The Customer assumes all responsibility in this regard, committing to indemnify and hold the Seller harmless from any detrimental consequence that may arise from non-compliant use.

10. FINAL PROVISIONS

Under no circumstances shall any non-fulfillment and/or behavior of the Customer that differs from these Conditions be considered as derogations to the same or tacit acceptances of the non-fulfillments: any inactivity of the Seller in exercising or enforcing any right shall not constitute a waiver of such rights or recognition of any rights claimed by the Customer. All communications to the Customer related to this contractual relationship may be made indifferently by hand, via email, certified or not, by registered letter A.R., ordinary mail, or by fax to the addresses indicated by the Customer and, consequently, they will be considered known by them. Any unreported changes of the Customer’s addresses will not be enforceable. The possible ineffectiveness and/or invalidity, total or partial, of one or more clauses of these General Conditions shall not entail the invalidity of the others, which shall be considered fully valid and effective.

10. PUBLICATION AND EFFECTIVENESS

These conditions are published and made available for consultation on the website www.maranello.wine (hereinafter “Site”), or otherwise made known and available to the Customer through communication, including electronic means.

11. APPLICABLE LAW AND COMPETENT FORUM

To the extent not expressly provided for in these General Conditions, the Parties expressly refer, to the extent compatible, to the rules of the Italian legal system in force at the time of the conclusion of the contract. For any and all disputes relating to the contract, the exclusive jurisdiction shall be the Forum of Modena (Italy).

Pursuant to and for the purposes of articles 1341 and 1342 of the Civil Code in force in Italy, the Customer, after having taken careful and specific knowledge and view, approves and expressly accepts the following clauses: 4 “How to proceed with the purchase”; 7 “Returns and non-compliant products”; 8 “Limitations of liability”; 11 “Applicable law and competent forum”.