These Terms govern the use of this Website and any other Agreement or legally binding relationship with the Owner. Any words written with a capital first letter are defined in the relative section of this document.

The User should read this document carefully.

These General Conditions of Sale (hereinafter the Conditions) are only valid between the Company TOSCHI VIGNOLA SRL, with its head office at Via Genova 244, 41056 Savignano Sul Panaro (MO), Tax Code and VAT No 02160850364, C.C.I.A.A. number 269916 MO (hereinafter referred to as the “Owner”) and anyone who makes online purchases on the website www.casatoschi.it (hereinafter referred to as “The Customer”). These general conditions of sale may be amended. The publication date on the site is the date it came into force. These Conditions govern any purchases made on the website shop.toschi.it, in accordance with the provisions of the Italian Consumer Code, Legislative Decree No. 206/2005, as amended by Legislative Decrees No. 21/14 and No. 70/2003.

This Website is a service provided by:

Toschi Vignola Srl Via Genova, 244 – 41056 Savignano Sul Panaro (MO), Italy, Tel: +39 059 768711, Owner’s email address: casatoschi@toschi.it

Conditions of use

Unless specified otherwise, the conditions of use of this Website set out in this section shall apply generally.

Additional conditions of use or access applicable in particular situations are expressly indicated in this document.

By using this Website, the Customer declares that they meet the following requirements:

Content on this Website

Unless specified otherwise or where clearly recognisable, all the content available on this Website is the property of or provided by the Owner or of/by its licensors.

Before concluding the purchase contract, the Customer shall be notified about the features of the goods, as shown on the product data sheets, as well as about the total price of the goods, including taxes, with details of the shipping costs and any other charges, the payment methods, the terms, conditions and procedures for exercising their right of withdrawal, the withdrawal form, the cost of returning the goods in the event of withdrawal, the existence of a legal guarantee of conformity for any goods purchased, the conditions of after-sales assistance and commercial warranties, the geographical address, telephone number, fax number and e-mail address of casatoschi@toschi.it.

Permitted use

This Website and the Service may only be used for their intended purposes, according to these Terms and pursuant to applicable law.

It is the Owner’s sole responsibility to ensure that the use of this Website and/or the Service does not breach the law, regulations or third party rights.

Terms and conditions of sale

Provision of personal data

To access or receive certain Products supplied through this Website as part of the Service, Customers might be asked to provide their personal data as indicated on this Website.

Products for purchase

The Products offered on this Website as part of the service are products for purchase.

The applicable rates, duration and conditions for the sale of these Products are described below and in the respective sections of this Website.

Product description

The prices, descriptions and availability of the Products are specified in the respective sections of this Website and may be changed without notice.

Although the Products on this Website are presented with the greatest degree of accuracy technically possible, their representation on this Website through any means (including, depending on the circumstances, graphic materials, images, colours or sounds) should be intended as for reference purposes only and does not involve any guarantee regarding the features of the purchased Product.

The features of the selected Product shall be specified during the purchasing process.

Purchasing process

Every phase, from choosing the product up to sending the order, is part of the purchasing process.

The purchasing process includes the following steps:

  • Customers choose the Product they want.
  • Having checked the information displayed when choosing their purchase, Customers can send their order.

Sending an order

Sending an order involves the following steps:

  • When the Customer sends an order, they enter into a contract and have an obligation to pay the price, taxes and any additional fees and expenses, as specified on the order page.
  • If the purchased Product requires something from the Customer, such as providing information or personal data, stipulations or special requests, by sending the order, the Customer also accepts the obligation to cooperate accordingly.
  • Once the order is sent, the Customer shall be sent confirmation of receipt of their order.
  • Product availability refers to the actual availability when the Customer places an order. Nevertheless, this availability must be considered purely as a guideline because, due to several customers being on the website at the same time and/or the occurrence of computer errors, products could be sold to other customers before confirmation of the order. Even after sending the order confirmation e-mail, goods could become partly or fully unavailable. In this case, the order shall be automatically rectified with the removal of the unavailable product and the Customer shall be informed immediately by e-mail. With this email, the Customer shall be informed of the refund times and methods for any amounts that might have been paid.

Any notifications regarding the purchasing process described above shall be sent to the e-mail address provided by the Customer for this purpose.

Prices

During the purchasing process and before sending the order, Customers are duly informed of all fees, taxes and costs (including any potential shipping costs) which they shall be charged.

The prices on this Website:

  • include all applicable fees, taxes and costs.

Promotions and discounts

The Owner might offer special promotions or discounts for purchasing Products. These promotions or discounts are always subject to the requirements and terms and conditions provided for in the relative section of this Website.

Promotions and offers are always granted at the Owner’s sole discretion.

Repeated or regular promotions or discounts do not constitute any enforceable claims or rights for Customers in the future.

Depending on the circumstances, discounts and promotions are valid for a certain period of time or while stocks last. Unless specified otherwise, the time limits for promotions and discounts refer to the time zone of the Owner’s headquarters, as indicated in the contact details in this document.

Vouchers

Promotions and discounts may be offered in the form of Vouchers.

If the applicable Voucher conditions are breached, the Owner may legitimately refuse to fulfil its contractual obligations and expressly reserves the right to take action through the appropriate channels, including the courts, in order to protect its rights and interests.

Any potential additional or different provisions applicable to the use of Vouchers indicated on the relative information page or on the Voucher itself shall prevail in any case, regardless of the following provisions.

Unless specified otherwise, the following rules apply to the use of Vouchers:

  • Each Voucher is only valid if used according to the procedures and time period specified on the website and/or on the Voucher;
  • The Voucher may only be redeemed in full at the time of purchase – partial use is not permitted;
  • Unless specified otherwise, single-purpose Vouchers may be redeemed just once per purchase and may therefore also be redeemed just once for purchases in instalments;
  • Vouchers cannot be combined;
  • A Voucher must be used within the specified period of validity. Once this period has expired, the Voucher shall be automatically cancelled. Any possibility of claiming rights is excluded, including a refund for the value of the Voucher;
  • The Customer does not have the right to any credit/refund/compensation if there is a difference between the value of the Voucher and the redeemed value;
  • A Voucher is solely intended for non-commercial use. The reproduction, counterfeiting and sale of Vouchers are strictly prohibited, as well as any illegal activity connected to the purchase and/or use of Vouchers.

Payment methods

Details on any accepted payment methods are shown during the purchasing process.

Certain payment methods are tied to further conditions or entail additional costs. Detailed information is shown in the relative section of this Website.

All payments are independently handled by third party services. This Website therefore does not collect any payment details – such as credit card numbers – but receives a notification once the payment has been completed. To receive additional information on personal data processing and on the relative rights, Customers may refer to this Website’s privacy policy.

If any payment made with one of the available methods fails or is refused by the payment service provider, then the Owner has no obligation to fulfil the order. If payment is not successful, the Owner reserves the right to ask the Customer for reimbursement of any related expenses or damage.

Retention of title

Up until payment of the full purchase price has been received by the Owner, the Customer does not own any ordered Products.

Delivery

Deliveries are made to the address indicated by the Customer and with the methods indicated in the order summary.

At the time of delivery, Customers must check the contents of the package and promptly report any potential issues to the contact details shown in this document or as described in the delivery note. Customers may refuse to accept the package if it is visibly damaged.

Delivery can be made to the countries or territories specified in the relative section of this Website.

The delivery times are indicated on this Website or during the purchasing process.

Non-delivery

The Owner does not accept any liability for potential delivery errors resulting from inaccurate or missing information from the Customer when completing the purchase order, nor for any potential damages or delays after delivery to a courier entrusted by the Customer and not offered or approved by the Owner.

If the goods are not delivered or collected at the time or within the set period, they shall be returned to the Owner, who shall contact the Customer to schedule a second attempted delivery or to agree on the next steps.

Unless specified otherwise, every attempted delivery after the second attempt shall be the Customer’s responsibility.

Delivery subject to conditions

Delivery of certain Products, such as alcoholic drinks, which are subject to restrictions or similar measures, could be dependent on additional conditions for the recipient under applicable law, the Terms or any other relevant document.

At the time of delivery of these Products, Customers might be asked to provide proof or declarations regarding these conditions – for example, being considered the legal age under applicable law. The potential lack of legal or contractual conditions could prevent delivery of the Products.

Customer Rights

Right of withdrawal

Unless there are any exceptions, the Customer may exercise their right to withdraw from the contract within the period specified below (normally 14 days) for any reason and without justification. The Customer can find additional information on the right of withdrawal in this section.

Customers with the right of withdrawal

Where one of the exceptions listed below is not met, Customers who act as Consumers shall legally have the right to withdraw from contracts concluded online (distance contracts) within the period of time specified below for any reason and without need for justification.

Any Customers who do not meet these requirements shall not have the rights described in this section.

The Customer shall only be liable to the Owner for the reduction in value of the goods resulting from any handling of the goods other than is required to establish the nature, features and functioning of the goods.

Exercising the right of withdrawal

To exercise their right of withdrawal, the Customer must send the Owner clear communication of their intention to withdraw from the contract by registered letter with acknowledgement of receipt.

To do this, the Customer may use the withdrawal form available in the definitions section of this document. However, the Customer is free to express their intention to withdraw from the contract in any other appropriate way. In order to comply with the period within which this right must be exercised, the Customer must send their declaration of withdrawal before the withdrawal period expires.

When does the withdrawal period expire?

  • For the purchase of goods, the withdrawal period expires after 14 days from the date when the Customer or a third party – entrusted by them and different from the courier – takes possession of the goods.
  • For the purchase of multiple goods ordered together but delivered separately or for the purchase of individual goods formed of different lots or pieces delivered separately, the withdrawal period expires after 14 days from the date when the Customer or a third party – entrusted by them and different from the courier – takes possession of the last goods, lots or pieces.

Effects of withdrawal on purchase contracts of material goods

The Owner shall refund all payments received including, if made, those for delivery costs to Customers who have properly exercised their right of withdrawal.

However, the Customer shall remain responsible for any greater costs resulting from choosing a particular delivery method other than the cheaper standard delivery option offered by the Owner.

The refund shall be made without any undue delay and, in any case, within 14 days from receipt of the goods, so the Owner can check the state of the returned Goods. The goods must be returned intact, in their original packaging, complete with all parts and including the attached tax documentation.

Unless agreed otherwise with the Customer, the refund shall be made using the same payment method as for the initial transaction. The Customer must not incur any costs as a result of the withdrawal.

Unless the Owner has offered to collect the goods, the Customer must send them back to the Owner, or to another person authorised to receive them by the Owner, without undue delay and, in any case, within 14 days from the date when the Customer notified their intention to withdraw from the contract.

This term is met if the delivery of the goods to the courier, or to another authorised person, happens before the expiry of the 14-day period described above.

The Customer shall be liable for the reduction in value of the goods resulting from any use of the goods other than is required to establish their nature, features and functioning.

The Owner shall be responsible for the shipping costs for the return.

Guarantees

Legal guarantee of conformity for the Product based on European Union legislation

Based on European legislation, the seller shall guarantee the conformity of any goods sold to Customers (Consumers) up until the product expiry date, as indicated on the label/packaging, and only if the product has been properly stored by the customer.

Limitation of liability and indemnity

Unless specified or agreed otherwise with the Customer, the Owner’s liability for damages connected to fulfilment of the Agreement shall be excluded, limited and/or reduced to the full extent permitted by applicable law.

Indemnity

The Customer shall indemnify and relieve the Owner and its staff, affiliates, officials, agents, joint trademark holders, partners and employees to the extent of the law from any demand or claim – including, without any limitation, legal fees and charges – made by third parties due to or in connection with conduct that breaches these Terms, third party rights or the law, carried out in connection with the use of the Service and attributable to the fault of the Customer, its affiliates, officials, agents, joint trademark holders, partners and employees.

Limitation of liability for the Customer’s use of this Website

Unless specified otherwise and without prejudice to the provisions of applicable laws, any claim for compensation against the Owner is excluded (or against any natural or legal person acting on its behalf).

This does not limit the Owner’s liability for death, personal injury or physical or mental harm, damages resulting from breaches of essential contractual obligations, such as obligations strictly necessary to fulfil the purpose of the contract, and/or damages caused with intent or gross negligence, provided that the Customer has used the Website appropriately and correctly.

Unless damages have been caused with intent or gross negligence or affect lives and/or personal, physical or mental integrity, the Owner shall only be liable to the extent of any typical damage for the type of contract which is foreseeable when the contract is concluded.

Common provisions

No implied waiver

If the Owner does not exercise its legal rights or claims resulting from these Terms, it shall not constitute a waiver of these rights and claims. No waiver may be considered final in relation to a specific right or any other right.

Interruption of the Service

To guarantee the best level of service possible, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, while giving Customers suitable notice.

Within the limits of the law, the Owner reserves the right to suspend or completely stop the Service. If the Service is stopped, the Owner shall ensure that Customers can retrieve their personal data and information.

Moreover, the Service might not be available due to causes that are outside the Owner’s reasonable control, such as cases of force majeure (e.g. infrastructure problems, blackouts, etc.).

Resale of the Service

Customers are not authorised to reproduce, duplicate, copy, sell, resell or exploit for gain this Website or the Service either wholly or in part without prior written permission from the Owner, expressed directly or through a legitimate resale programme.

Privacy policy

Information on personal data processing can be found in this Website’s privacy policy.

Intellectual property

Without prejudice to any more specific provision in the Terms, any industrial and intellectual property rights, such as copyrights, trademarks, patents and models regarding this Website are exclusively held by the Owner or its licensors and are protected pursuant to any applicable international treaties and legislation on intellectual property.

All trademarks – whether word or figurative marks – and any other distinctive signs, service marks, illustrations, images or logos that appear in connection with this Website are and shall remain the exclusive property of the Owner or its licensors and are protected pursuant to any applicable international treaties and legislation on intellectual property.

Amendments to the Terms

The Owner reserves the right to amend the Terms at any time. In this case, the Owner shall give Customers appropriate notice of the amendments.

The amendments shall only take effect in the relationship with the Customer from when they are notified to the Customer.

Continued use of the Service implies the Customer’s acceptance of any updated Terms.

If the Customer does not want to accept the amendments, they must stop using the Service and may withdraw from the Agreement.

The previous Terms shall only continue to govern relationships for orders received by the Owner before the amended Terms were communicated to Customers.

Contacts

All communications regarding use of this Website must be sent to the contact details indicated in this document.

Safeguard clause

If some of the provisions in these Terms are or become void or ineffective pursuant to applicable law, the invalidity or ineffectiveness of this provision shall not cause the remaining provisions to be ineffective, which shall therefore remain valid and effective.

European users

If a provision in these Terms is or becomes void, invalid or ineffective, the parties shall seek to amicably identify a valid and effective provision to replace the void, invalid or ineffective one.
If an agreement cannot be made within the aforementioned terms, if permitted or provided for by applicable law, the void, invalid or ineffective provision shall be replaced by applicable law.

Notwithstanding the above, the specific void, invalid or ineffective provision of these Terms does not make the entire Agreement void, unless the void, invalid or ineffective provisions as part of the Agreement are essential or so important that the parties would not have concluded the contract if they had known that the provision would have been invalid, or if the remaining provisions would involve an excessive and unacceptable burden for one of the parties.

Applicable law

The Terms are governed by the law of the place where the Owner is based, as indicated in the relative section of this document regardless of any conflict-of-law rules.

Prevalence of national law

However, regardless of the above, if the law in the country where the Customer is located provides a higher level of consumer protection, this higher level of protection shall prevail.

Competent court

The exclusive jurisdiction over any dispute arising from or in connection with the Terms shall belong to the courts where the Owner is based (Court of Modena), as indicated in the relative section of this document.

Resolution of disputes

Amicable settlement of disputes

Customers may report potential disputes to the Owner, which shall seek to resolve them amicably.

Without prejudice to Customers’ right to bring legal proceedings, in case of disputes regarding use of this Website or the Service, Customers should contact the Owner at the contact details indicated in this document.

The Customer may direct complaints to the Owner’s e-mail address indicated in this document, including a short description with details of the order, purchase or account concerned.

The Owner shall deal with the request without any undue delay within the following timeframes:

  • within 24 hours from its receipt in dangerous situations for the consumer
  • within 5 working days from its receipt for other reports.

Savignano Sul Panaro, 14 June 2024