Terms of sale

1. INTRODUCTION

1.1. These contractual conditions (hereinafter “General Conditions”) govern the sale of products marketed by Perlage S.r.l. (hereinafter “Perlage”) through its website www.perlagewines.com (hereinafter the “Site”). All purchases of products in Perlage’s online catalog published on the Site shall be concluded by means of the purchase procedures set forth therein and shall be governed solely in accordance with the General Conditions.

1.2. Since these are Products for which the sale is permitted by law only to purchasers over the age of 18, it is specified that the purchase procedure will be completed only towards Customers who have this age requirement. In addition, upon delivery, the Supplier’s appointee shall have the right to ascertain the age of majority of the person receiving the Products, including by requesting the production of a valid identity document.

 

2. PRODUCTS

2.1.Products are indicated, also in their essential characteristics, directly on the Site. For each product viewed, the Customer will have the opportunity to access a special sheet containing the main information and data relating to the product itself (including, for example, type, grape variety, appellation, production area, vintage/aging/aging, gradation) as well as any minimum quantities that may be purchased by the Customer. Perlage reserves the right to change product information, without the need for any prior notice. It is also understood that the image accompanying the descriptive sheet of a product may not be perfectly representative of its characteristics. Moreover, in the case of online sales of accessories for the sector, Perlage guarantees their compliance with the current technical standards of the sector.

2.2. The Customer may only purchase products in Perlage’s online catalog at the time the order is placed. On the Site, the quantities of product available at the time of the order are visible. Since the simultaneous access of many user-customers and the simultaneous possibility of online orders change the availability of products, Perlage does not guarantee the certainty of allocation of the ordered goods.

2.3. All sales prices of the Products on the Site are intended to be public prices and, therefore, inclusive of VAT. However, Perlage reserves the right to change prices at any time, without prior notice.

 

3. PURCHASING PROCEDURES

3.1. The purchase of Perlage products shall be deemed perfected and effective between the parties – once the Customer has completed the online procedure for the purchase and payment of the products -, only upon receipt by the Customer of the communication referred to in paragraph 3.2 below. Consequently, what is requested by the Customer must be understood as a purchase proposal which, in order to become binding also for Perlage, must be expressly accepted by Perlage.

3.2. Perlage will send to the Customer a specific e-mail summary of the purchase order, which contains the details of the Customer and his order (‘Customer Order Number’, to be used in any further communication with Perlage), the total price of the Products purchased, shipping costs, taxes applied, as well as the address where the product will be delivered and the terms of delivery. This information will already be made available to the Customer before the completion of the purchase procedure (resulting, in fact, this step made mandatory before the completion of the procedure itself). The Customer agrees to provide for the printing and storage of the information transmitted by Perlage.

3.3. The Customer may check the status of his order by accessing the web area dedicated to him under “Order Status”. It is granted to the Customer the right to cancel a purchase order, even if the online purchase procedure of the Products has already been completed and Perlage has already transmitted the confirmation referred to in paragraph 2.2. above; the cancellation of the order may take place as long as the same is not yet in preparation in the warehouse (more precisely, the order is no longer cancelable if, in the “Order Status” area, the indication “Order in processing” appears).

3.4. In the event of non-acceptance of the order, Perlage undertakes to promptly notify the Customer. Any right of the Customer to damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages, caused by the non-acceptance, even partial, of an order. On certain products, subject to price promotions, Perlage reserves the right to accept orders by reducing their quantities, subject to prior notice and acceptance by the Customer, failing which the order shall be deemed cancelled.

 

4. METHOD OF PAYMENT

4.1. Since the conclusion of the purchase procedure implies the occurrence of the obligation, on the part of the Customer, to pay the price of the chosen products, it is clarified that upon sending the order follows the obligation to pay.

4.2. Payment of the price may be made only by one of the following methods:

Credit Card (and Prepaid Credit Card)

A.1 The credit cards accepted are those relying on the Cartasì circuit: Visa, Mastercard and Maestro.

A.2. In cases of purchase of the goods with payment method Credit Card (or Prepaid Credit Card), at the same time as the conclusion of the online transaction, the bank of reference shall authorize only the commitment of the amount relating to the purchase made: the amount relating to the products ordered is charged to the Customer’s credit card at the time of the actual fulfillment of the products.

A.3 Perlage reserves the right to ask the Customer for additional information (e.g. landline phone number) or to send copies of documents proving the ownership of the Card used. In the absence of the requested documentation, Perlage reserves the right not to accept the order.

A.4. In the event of cancellation of the order, either by the Customer or in the case of non-acceptance by Perlage, it will simultaneously request the cancellation of the transaction and the release of the committed amount. The time of release, for some types of cards, depends exclusively on the banking system and can reach their natural expiration (24th day from the date of authorization). Having requested the cancellation of the transaction, under no circumstances can Perlage be held liable for any damages, direct or indirect, caused by delay in the failure of the banking system to release the committed amount. In the event that the Customer’s order is still open beyond the 23rd day from the date of submission, Perlage will still charge the Customer’s credit card with the amount due, even if in advance of the physical delivery of the goods, in order to avoid the transaction authorization deadline (24 days).

B. PayPal

B.1 In case of purchase through the PayPal payment method, upon completion of the order the Customer is directed to the PayPal login page. For each transaction made through the PayPal account, the Customer will receive a confirmation e-mail directly from PayPal.

B.2. The amount related to the order is debited from the PayPal account at the time the order is acquired. In case of cancellation of the order, either by the Customer or in case of non-acceptance by Perlage, the amount will be refunded to the Customer’s PayPal account.

C.Satispay

C.1 In case of payment via Satispay, the Customer must choose that mode in the list of options, a QR code will then appear, then proceed to read it via the appropriate app and press SEND. At that point the payment is made.

C.2 In case of order cancellation, refund of the amount spent will be made as soon as possible and in any case within a maximum time of 90 days.

 

5. TRANSACTION SECURITY

5.1. Online Credit Card transactions are carried out in accordance with the security protocols provided by the international Verified by Visa and Secure Code Mastercard circuits that guarantee the merchant immunity from fraud disallowances (in cases provided for by the ICs). These protocols allow communication in a mode designed to prevent interception, modification or falsification of information.

5.2. At no time during the purchase process is Perlage able to know information about the Customer’s credit card (or Prepaid Card) or the Customer’s financial information (in the case of payment by PayPal), as it is typed directly on the website of the banking institution handling the transaction (with very high security systems) or directly by PayPal and Satispay; since there is no data transmission, there is no possibility of this data being intercepted. No Perlage computer files contain, nor do they store, such data. Under no circumstances, therefore, can Perlage be held responsible for any fraudulent and improper use of credit cards by third parties when paying for purchased products.

5.3. If the Customer uses a card on which 3D SECURE fraud protection is active for payment, he or she must have activated the appropriate service (see www.nexi.it for details).

 

6. MODE OF DELIVERY

6.1. Products will be delivered in 4 (four) working days from the date of order processing. However, delivery times must be considered indicative, as they may vary depending on the place of destination of the products. It should also be noted that if Perlage is not able to make the delivery in the term indicated at the time of purchase, it will still give timely notice to the Customer.

6.2. Deliveries are made from Monday to Friday -never on holidays- during normal business hours; for this reason, it is suggested that the Customer indicate an address where receipt of the products can still be guaranteed.

6.3. Shipping costs are free of charge for orders over 50.00 euros, while for orders below that amount they are charged to the Customer and are explicitly highlighted when the order is placed. In the absence of special promotions or other special conditions, the fixed contribution for shipping costs corresponds to only 4.99 (four euros and ninety-nine cents) euros for orders of less than 50.00 euros that contain a carton of 6 bottles, or 2.99 (two euros and ninety-nine cents) for orders of less than 50.00 euros that contain exclusively Gift Packs of 3 bottles. Perlage reserves the right to vary these conditions without notice as conditions of use change and as contracts with various carriers change. Occasionally Perlage conducts sales campaigns with free shipping charges. No additional charges or commissions are due to Perlage in connection with product delivery.

6.4. Delivery of the ordered products is intended to the home floor up to a weight of 30Kg.

6.5. The goods travel with packaging in properly closed cardboard boxes. Upon delivery of the goods by the courier, the Customer is required to check: that the number of packages being delivered corresponds to the number indicated on the invoice; that the packaging is intact, not damaged, nor wet or, otherwise, altered.

6.6. Any external damage or the mismatch in the number of packages or indications, must be immediately contested to the courier who makes the delivery, putting the words “withdrawal with reserve” on the appropriate accompanying document and confirmed, within 8 days by registered mail with return receipt to the courier, whose address is made explicit on the accompanying document. In the specific case of damaged package, the Customer is required to report: “withdrawal with reserve because the package is damaged”. It is also required to open an anomaly file with Perlage, filling in what is present under the button in the “Order Status” area. Once the courier’s document has been signed, the Customer will not be able to oppose any dispute about the external characteristics of what has been delivered.

 

7. RIGHT OF WITHDRAWAL

7.1. The Customer shall have the right to withdraw from the purchase commitments, without penalty and without the obligation to specify the reason, within the term of 14 (fourteen) days from the date on which it acquires physical possession of the products purchased online.

7.2. To exercise the right of withdrawal, the Customer is required to inform Perlage of his decision to withdraw from the purchase by an explicit statement, using the “Withdrawal Form” downloadable from the Supplier’s website at
https://www.perlagewines.com/wp-content/uploads/2020/12/Perlage_modulo_reso_prodotti.pdf
and then sending it to the e-mail address shop@perlagewines.com, or by fax to no. +39.0438.900195. In any case, without delay, Perlage will confirm receipt of the Customer’s notice of withdrawal by sending to the latter a special e-mail, also reporting the appropriate paper form (specifying the return authorization number) that the Customer must print and then affix in the package containing the products to be returned. In order to comply with the withdrawal period, it is sufficient for the Customer to send the communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period highlighted above.

7.3. If the Customer withdraws from this contract, the Customer will be reimbursed the purchase price of the returned products, including delivery costs (with the exception of only the additional costs resulting from the possible choice of a type of delivery other than the least expensive type of standard delivery offered by Perlage), without undue delay and in any case no later than 14 (fourteen) days from the day on which the Supplier is informed of the Customer’s decision to withdraw from the contract. Said disbursement shall be made using the same means of payment used by the Client for the initial transaction, unless the Client has expressly agreed otherwise with the Supplier; in any case, the Client shall not incur any costs as a consequence of said reimbursement. The refund may be suspended until receipt of the products to be returned.

7.4. Pursuant to Article 59 LEGISLATIVE DECREE No. 21 of February 21, 2014, the right of withdrawal of those food goods that, by their nature, deteriorate completely after opening, is applicable only if such goods are returned in the perfect integrity of the food packaging itself. Therefore, in the specific case of wines, the bottle cannot be opened and returned together with its contents; while the packaging containing the bottle can be opened and the bottle returned if kept intact. Wines from Perlage Srl are therefore subject to this rule. In case of purchase of a package that bears inside it several distinct products, each in turn with its own distinct packaging, a partial withdrawal is also allowed, that is only of some of these individual products, provided they are intact and therefore not opened by the Customer.

7.5. The Customer is obliged to return the products to the Supplier Perlage srl via cal del Muner 16- Farra di Soligo (TV)31010, without undue delay and in any case within 14 (fourteen) days from the day he communicated his withdrawal from this contract. The deadline is met if the products are returned before the expiration of the 14 (fourteen) day period. The return of the products must be made by mail or authorized courier.

7.6. The direct costs of returning products will be borne only by the Customer.

 

8. GUARANTEES

8.1. Perlage guarantees the compliance of the products with current industry standards. The products must be stored by the Customer in accordance with the instructions provided by Perlage and in any case in environments whose hygienic-environmental conditions are appropriate with respect to the products themselves; consequently, the Supplier shall not be liable for disputes concerning products that have not been stored by the Customer in accordance with the above provisions.

8.2. Any non-conformity of the products may be reported by the Customer in accordance with current regulations to protect the consumer, and in particular pursuant to Legislative Decree September 6, 2005, n.206 (so-called Consumer Code). The complaint of non-conformity of the products must be made to Perlage according to what is specified in point 9 below. In case of non-conformity, it is the responsibility of Perlage to provide free replacement of the non-conforming product within a reasonable period of time.

 

9. COMPLAINTS

9.1 Any complaints must be addressed to Perlage S.r.l., via Cal del Muner, 16, 31010 Farra di Soligo (TV), transmitted by fax to 0438 900195; or, again, sent by e-mail to shop@perlagewines.com.

10. Jurisdiction and applicable lawThe contract of sale between the Customer and Perlage is concluded in Italy and governed by Italian Law. For the resolution of civil and criminal disputes arising from the conclusion of this distance sales contract, if the Customer is a consumer, the territorial jurisdiction is that of the court of reference of his town of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Treviso.11. Conditions11.1. The conditions contained herein may be modified by Perlage without prior notice and shall be valid from the date of publication on the website www.perlagewines.com.