Conditions of Sale RIVERA S.p.A.

General Conditions RIVERA S.p.A.
Updated on 22 APRIL 2020

The following General Terms and Conditions of Sale govern the offer and sale of products on this website www.rivera.it/shop.

The products purchased on the website are provided and sold by Rivera S.p.A., registered office S.P. 231 Km 60.5 76123 Andria (BT), share capital 450,000 euro i.v., VAT number 00252880729, hereinafter referred to as ‘Rivera’.

1. SCOPE OF APPLICATION

1.1 The sale of products through the Site (Products) constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree no. 206 of 6 September 2005 (Consumer Code) and by Legislative Decree no. 70 of 9 April 2003, containing the rules on e-commerce.

1.2 The General Conditions of Sale may be amended at any time. Any amendments and/or new conditions will be in force from the time of their publication on the Site. For this reason, users are invited to regularly access the Site and consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase. The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.

1.3 These General Terms and Conditions of Sale do not regulate the sale of products and/or provision of services by parties other than Rivera that are present on the Site through links, banners or other hypertext links. You must check their terms and conditions of sale before entering into commercial transactions with such parties. Rivera is not responsible for the provision of services and/or sale of products by such parties. Rivera does not control and/or monitor the websites accessible through such links. Therefore, Rivera is not responsible for the contents of such websites nor for any errors and/or omissions and/or violations of law on the part of such websites.

2. PURCHASES ON THE WEBSITE

2.1 With reference to Italian citizens, sales on the Site are reserved only for those who have reached the age of 18. Purchasers who are not Italian citizens may only purchase Products on the Site if they have reached the age of majority under their national law. If there is no legislation in this respect, you must be at least 21 years old.
In any case, the user who makes purchases on the Site agrees to hold Rivera harmless from any liability in the event that he or she has made purchases on the Site without complying with his or her national law on age limits.

2.2 Rivera reserves the right to refuse or cancel orders that come (i) from a user with whom it has an ongoing legal dispute; (ii) from a user who has previously violated these General Terms and Conditions of Sale and/or the terms and/or conditions of a purchase agreement with Rivera; (iii) from a user who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments (iv) by users who have provided false, incomplete or otherwise inaccurate identification data or who have failed to promptly send Rivera the documents required by Rivera pursuant to these General Terms and Conditions of Sale or who have sent it invalid documents; (v) by users who do not provide sufficient guarantees of solvency. In any case, Rivera reserves the right to cancel orders relating to transactions that do not show an absolute degree of genuineness.

2.3 In relation to purchases on the Site, it may occur that: the purchase process contains one or more material errors; the Product Sheet, as defined below, contains incorrect information due to material errors (e.g.: the price of the Product); due to material error a Product is indicated as available and instead is not available when the order is being prepared. In such cases, or in similar cases, the user may request cancellation of the order or obtain, in agreement with Rivera, a different Product, subject to possible adjustment of the purchase cost.

3. SITE REGISTRATION

3.1 The purchase of Products on the Site is permitted only to registered users.

3.2 The registration credentials must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and ensure that no one has access to them, and to inform Rivera without delay in the event of suspected misuse and/or disclosure. The user guarantees that the personal information provided during the registration process on the website is complete and true. The user agrees to hold Rivera harmless from any damage, indemnity obligation and/or sanction arising from and/or in any way connected to the user’s violation of the rules on registration to the Website or retention of registration credentials.

4. INFORMATION CONCERNING THE CONCLUSION OF THE CONTRACT

4.1 In compliance with Legislative Decree No. 70 of 9 April 2003, containing provisions on e-commerce, Rivera informs the user that
– in order to conclude the contract for the purchase of one or more Products on the Website, the user must fill out an order form in electronic format and submit it to Rivera, electronically, following the instructions that will appear from time to time on the Website and that will accompany the various stages of the purchase
– the contract is concluded when the order form reaches Rivera’s server;
– once the order form has been registered, Rivera will send the user, via e-mail to the indicated e-mail address, an order confirmation, containing information on the characteristics of the Product purchased, a detailed indication of the price, the means of payment used, the delivery costs and any additional costs as well as the Customer Service contact details, which the user can contact to request assistance and/or make complaints. It is recommended to keep the e-mail received as proof of purchase. The General Terms and Conditions of Sale and the information on the right of withdrawal, as well as the Privacy Policy of Azienda Vinicola Rivera S.p.A., shall be available through links at the bottom of the order confirmation e-mails of the purchased Product, which shall refer to the relevant pages of the Site.
– The order form will be stored in Rivera’s database for the time necessary to process the order and, in any case, within the terms of the law. The user will be able to access their order form from their account.

5. VALIDITY OF OFFERS AND PRICES

5.1 All prices of the Products are quoted in Euros (€) and are inclusive of Value Added Tax (‘VAT’), unless otherwise stated. Any additional costs shall be expressly and separately indicated in the order form before the user proceeds to submit it.

5.2 The price of the Products may be changed by Rivera at any time, without prior notice, it being understood that the price charged to the user will be the one published on the information sheet illustrating the main characteristics of the Product (Product Sheet) at the time the order is sent. Any variations (upwards or downwards) in price following the transmission of the order shall not be taken into account.

5.3 Products may be offered for sale on the Site at discounted prices. The full price indicated on the Site (Barred Price) and against which the discount Rivera applies is calculated corresponds to the list price published on the Site.

6. PURCHASE ORDERS – PRODUCT INFORMATION

6.1 Rivera will process the purchase order, and then ship the purchased Product only after receiving confirmation of authorisation to pay the total amount due, consisting of the purchase price, delivery charges, if applied, and any other additional costs, as indicated in the order form (Total Amount Due). In the event that the Total Due Amount is not paid, or the successful payment is not confirmed, the purchase contract shall be deemed to be rescinded pursuant to and for the purposes of Article 1456 of the Italian Civil Code.

6.2 The Products will remain the property of Rivera until payment by the user of the Total Amount Due. The risk of loss of or damage to the Products, due to causes not attributable to Rivera, however, will be transferred to the user when the user, or a third party designated by the same and other than the carrier, materially takes possession of the Products.

6.3 Each Product is accompanied by a Product Sheet. The images and descriptions present on the Site reproduce as faithfully as possible the characteristics of the Products. Furthermore, the Product images present in the Product Sheet may differ in terms of vintage and/or dimensions or in relation to any accessory products. Such images must therefore be understood as indicative and within the tolerances of use. For the purposes of the purchase contract, the Product description contained in the order form transmitted by the user shall prevail.

6.4 All Products, excluding oil and grappa, contain sulphites as indicated on the label.

7. AVAILABILITY OF PRODUCTS

7.1 The products offered on the Site are limited in number. It may therefore occur, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.

7.2 In any case of unavailability of the Product ordered, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, the user shall be promptly informed by e-mail or by telephone. The user shall, therefore, be entitled to terminate the contract, pursuant to and for the purposes of Article 61, paragraphs IV and V of the Consumer Code. In the event that the user avails himself of the right of termination pursuant to Article 61, paragraphs IV and V, of the Consumer Code, or in any case in which payment of the Total Amount Due has already been made, Rivera will reimburse such amount without undue delay and, in any case, within a maximum period of 15 working days from the date of collection. Such amount will normally be credited to the same means of payment used by the user for the purchase or the different means agreed between the user and Rivera. Any delays in crediting may depend on the bank, type of credit card or payment solution used.

7.3 In the case of orders concerning a plurality of Products (Multiple Order), if the unavailability concerns only some of the Products covered by the Multiple Order, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, and without prejudice to the application of Article 7.2, Rivera will immediately notify the user by e-mail or telephone. The user will then be entitled to terminate the contract, limited to the Product(s) that have become unavailable, pursuant to the provisions of Article 61, paragraphs IV and V of the Consumer Code. In the event that the user avails himself of the right of termination pursuant to Art. 61, paragraphs 4 and 5, of the Consumer Code, in relation to the Product(s) that have become unavailable, or in any case where payment of the Total Due Amount has already been made, Rivera will refund the amount due in relation to such Product(s), including delivery charges and any other additional costs due specifically in relation to such Product(s) (Partial Due Amount) without undue delay and, in any case, within a maximum period of 15 working days from the placing of the order. The amount of the refund will be communicated to you by e-mail or telephone. This amount shall be credited to the same means of payment used by the user for the purchase or by any other means agreed between the parties. Possible delays in crediting may depend on the bank, the type of credit card or the payment solution used. The termination of the entire Multiple Order shall only be possible in the case of clear and proven ancillary nature of the Multiple Order Products that have become unavailable compared to the other available Multiple Order Products.

8. DELIVERY OF PURCHASED PRODUCTS

8.1 The amount of the delivery costs due by the user in relation to a specific order, is expressly and separately indicated (in Euro and inclusive of VAT) during the purchase process, in the order summary and, in any case, before the user proceeds to transmit the same. In the event of failure to indicate a specific delivery period, it shall, in any case, take place within fifteen days from the date of conclusion of the contract.

8.2 The delivery obligation is fulfilled by transferring the material availability or otherwise the control of the Products to the user.
It is up to the user to check the condition of the Product delivered to him/her. Without prejudice to the fact that the risk of loss of or damage to the Products, due to causes not attributable to Rivera, is transferred to the user when the user, or a third party designated by the same and different from the carrier, materially takes possession of the Product, the user is advised to check the number of Products received and that the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials and the user is invited, in his interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with RESERVATION. Receipt without reservation of the Products does not allow the user to take legal action against the carrier and/or Rivera, in case of loss or damage of the Products, except in case the loss or damage is due to fraud or gross negligence of the carrier and except for partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as known and no later than eight days after receipt. In the event that the packaging shows obvious signs of tampering or alteration, the user is also advised to promptly notify Rivera Customer Service. This is without prejudice, in any case, to the application of the rules on the right of withdrawal and legal warranty of conformity.

8.3 The provisions of Article 61 of the Consumer Code apply in the event the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation.

9. PAYMENT METHOD

9.1 Payment for the Products may be made by PayPal or bank transfer payment solutions. In the event that one of these payment methods/solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase procedure.

9..2.1 Payment for Products purchased on the Site can be made through the PayPal payment solution. If the user chooses PayPal as the payment method, he/she will be redirected to the site www.paypal.it where he/she will make the payment for the Products according to the procedure provided for and regulated by PayPal and to the terms and conditions agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with Rivera. Therefore, the latter is not able to know and does not store in any way the data of the credit card linked to the user’s PayPal account or the data of any other payment instrument connected to such account.

9.2.2 PayPal will debit the Total Amount Due from the user at the time the contract is concluded through the Website. In case of termination of the purchase contract and in any other case of refund, for any reason, the amount of the refund due to the user will be credited to the user’s PayPal account, unless otherwise agreed between the user and Rivera. The timing of credit to the payment instrument linked to such account depends solely on PayPal and the banking system. Once a credit order is made to such account, Rivera shall not be liable for any delays or omissions in crediting the user with the refund amount, which the user shall contact PayPal directly to dispute.

9.3 Bank transfer
9.3.1 If the user decides to pay by bank transfer, the order will be shipped as soon as Rivera has received credit of the amount relating to the order.

10. RIGHT OF RETURNS

10.1 The user who is a consumer has the right to withdraw from the contract concluded with Rivera without incurring costs other than those indicated in this article and without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:
1. a) in the case of an order for a single Product, from the day on which the user or a third party other than the carrier and designated by the user acquires physical possession of the Product;
2. b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product
3. c) in the case of an Order for the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece.

10.2. To exercise the right of withdrawal, the user must inform Rivera of his decision to withdraw, before the expiry of the Withdrawal Period.

10.3 In order to exercise the right of withdrawal, the user must send an email to eshop@rivera.it with an explicit declaration of his decision to withdraw from the contract (Declaration of Withdrawal). Since the burden of proof concerning the exercise of the right of withdrawal before the expiry of the Withdrawal Period is on the user, it is in the user’s interest to keep a copy of the email sent to Rivera with the Declaration of Withdrawal.

10.4 For the return of the Product, the user may use a carrier of his or her choice, with the return costs borne by the user: in this case, the user, after exercising the right of withdrawal in the manner indicated in this article, must return the Product to Rivera, using a carrier of his or her choice and at his or her own expense, without undue delay and in any case within the term of 14 calendar days from the date on which he or she communicated his or her decision to withdraw to Rivera. The deadline is met if the user returns the Product before the expiry of the fourteen-day period. The Product, properly protected and packaged, must be sent to the following address:

AZIENDA VINICOLA RIVERA S.p.A.
S.P. 231 Km 60,5 – 76123 Andria (BT)
Tel. +39 0883-567510, Opening hours: 9:00-13:00 14:00-17:00

The direct costs of returning the Product to Rivera are the responsibility of the user. The return of the Product to Rivera is the responsibility of the user.
If the user has used a discount code for the purchase of the Product for which the right of withdrawal has been exercised, the refund will be made only with reference to the amount of money actually spent by the user, and not also with regard to the value of the discount code.

10.5 If the user withdraws from the contract, Rivera will refund the Total Amount Due paid by the user for the Product, without undue delay and in any case no later than 14 calendar days from the day on which Rivera received the Products subject to withdrawal in the same conditions in which they were sold. The refund shall be made using the same means of payment used by the user for the initial transaction or the different means agreed between the parties; in any case, the user shall not incur any additional cost as a consequence of such refund.

10.6 In the case of a partial withdrawal, the amount of the delivery costs to be returned to the user following the withdrawal shall be calculated pro rata to the value of the item being withdrawn.

10.7 The user shall only be liable for any decrease in the value of the goods resulting from any handling of the Product other than those necessary to recognise the Product with certainty. The Product shall in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, with all the accessories present, still attached to the Product and intact and not tampered with, as well as free of signs of wear and tear or dirt. Moreover, withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories (that do not constitute independent Products) of the Product.

10.8 In the event that the withdrawal is not exercised in accordance with applicable law, it will not result in termination of the contract and, consequently, will not entitle the user to any refund. Rivera will notify the user, rejecting the request for withdrawal. If the Product has already been received by Rivera, it will remain with Rivera at the user’s disposal for collection, which must take place at the user’s expense and responsibility.

10.9 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to clearly identify the same, the refund amount will be reduced by an amount equal to such decrease in value. Rivera will notify the user of this circumstance and the resulting reduced refund amount, providing the same, if the refund has already been paid, with the bank details for payment of the amount owed by the user due to the reduced value of the Product.

10.10 In the event that, one of the cases provided for by law, the right of withdrawal does not apply, such exclusion shall be specifically and expressly communicated in the Product Sheet and, in any case, during the purchase process, before the user proceeds to transmit the order. In any case, the user is reminded that, pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded, inter alia, in the event that the sale relates to:
(i) made-to-measure or clearly customised products
(ii) sealed products that cannot be returned for hygienic or health protection reasons, which have been opened after delivery.

11. VARIOUS

11.1 By placing an order on the Site, the user gives consent to receive the invoice only in electronic format. The invoice can be printed and archived as the original in accordance with Ministerial Circular 45/E, 19/10/2005. For the issuing of the invoice, the information provided for this purpose by the user will be valid, which he declares and guarantees to be truthful, undertaking to keep Rivera harmless and indemnified from any damage, including sanctions issued by the competent authorities, which may arise in the case of failure to correspond to the truth of the same.

11.2 Rivera is a registered trademark. Photos, texts, descriptions and everything contained in the Site are the property of Azienda Vinicola Rivera S.p.A.. Full or partial reproduction of any part of the Site is prohibited; The reproduction of texts or photos for any use and in any form is also prohibited without prior written authorization from Azienda Vinicola Rivera S.p.A..

11.3 Rivera is not responsible for any damage suffered by you or third parties or to property owned by you or third parties due to delays in delivery or related to the use of the Product.

12. LEGAL GUARANTEE OF CONFORMITY

All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by the articles. 128-135 of Legislative Decree n. 128-135 of the Consumer Code (Legal Guarantee). The Legal Guarantee is reserved for consumers. It, therefore, applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out. Those who have purchased on the Site and who do not have the status of consumers will be subject to the guarantee for defects in the goods sold, the guarantee for defects in promised and essential qualities and the other guarantees provided for by the civil code with the relative terms, forfeitures and limitations.

13. APPLICABLE LAW AND JURISDICTION; OUT-OF-COURT SETTLEMENT OF DISPUTES – ALTERNATIVE DISPUTE RESOLUTION / ONLINE DISPUTE RESOLUTION

13.1 The contracts concluded between users of the Site and Rivera are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in case of exercise of this right, the methods and formalities of communicating the same and the legal guarantee of conformity.

13.2 Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, n.206 (Consumer Code), Rivera informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter. a) of the Consumer Code, that, in the event that he has submitted a complaint to Rivera, following which it has not been possible to find a negotiated solution, Rivera will provide information regarding the Alternative Dispute Resolution bodies for out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code).

13.3 The user who resides in a member state of the European Union other than Italy can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of small entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.

14. CUSTOMER SERVICE AND COMPLAINTS

14.1 It is possible to request information, send communications, request assistance or submit complaints by contacting Customer Service in the following ways:
Email: eshop@rivera.it
Telephone: +39 0883-569510 (from 09.00 to 17.30 Saturdays, Sundays and holidays excluded)

14.2 Rivera will respond promptly to complaints submitted, in any case within five working days of receiving them.