General Conditions
(pursuant to Chapter I, title 3, part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
1. Introduction and effectiveness of General Conditions
The following general conditions of sale (hereafter referred to as “General Terms”) relate to the purchasing framework of the products and services, carried out at a distance and made available, via the Internet, on the website https://www.rogante.net/ (hereafter referred to as the “Site“) in compliance with Italian legislations set out in legislative decree 206/2005 and subsequent changes and integrations (hereafter “Consumer Code”).
The seller of the products and owner of the Site is Rogante srl based in via Menarè, 107 – 31015 – Conegliano (TV) – Tax code and V.A.T. no.: 04642460267 – E-mail address: info@rogante.net (hereafter, “Rogante srl“).
The consumer who accesses the Site to make a purchase (hereafter the “Client”) is required, prior to placing the order, to carefully read these General Terms which are available on the Site and can be read at any time by the Client via the link found in the confirmation e-mail sent with each order so they can be reproduced and stored.
If the person making the purchase on the Site requires an invoice and/or is not a “consumer or user” as defined under art. 3, 1st comma, point a) of the Consumer Code, application of the withdrawal framework as defined under art. 7 and 8 of these General Terms shall not be applied nor, more generally speaking, the previsions which in line with the same Consumer Code are applied exclusively to “consumers”.
The contracts completed with Rogante srl the Site are governed by these General Terms in compliance with Italian legislation. The language used to complete the contract is Italian.
2. Choosing and ordering Products
The specifications and price of the various products for sale on the Site (hereafter “Product” or “Products“) are shown on the page relating to each Product.
In order to purchase Products, the Client needs to fill out and send the electronic order form, following the instructions given on the Site. The Client shall add the Product to the “Basket” and, after viewing the General Terms and Privacy Policy and after accepting them, shall enter his data for shipment and invoicing, selecting the desired payment method and confirm the order.
By sending the order from the Site, which shall have the status of a contractual offer, the Client acknowledges and declares that they have viewed all the information provided during the purchase procedure and fully accepted the General and payment Terms transcribed.
The contract stipulated between Rogante srl and the Client shall be concluded with the acceptance of the order by Rogante srl. This acceptance shall be communicated to the Client via an e-mail confirming the order containing a reference to these General Terms, the order number, shipment and invoicing details, list of Products ordered with their basic specifications and the total price, including delivery costs. Once the contract is complete, Rogante srl shall deal with the purchase order and the purchaser shall be able to view the orders placed, accessing his profile and consulting the specific section.
Once the order has been received, Rogante srl shall check stock levels in order to complete the order. If some Products are unavailable, Customer Services at Rogante srl shall immediately send an e-mail to the Client who, within 12 hours, shall have the right to reply and confirm shipment of any other Products available, or cancel the order. If the Client fails to provide confirmation within the given time limit, the order shall be taken as confirmed and the Products available shall be shipped. In this case, the entire cost of the unavailable Products shall be deducted or, depending on the method of payment selected, the Client shall not be debited.
3. Product Information
Product information and specifications can be found on the Site.
The visual representation of the Products on the Site, where available, normally correspond with the photographic image supplied with the description sheet. It remains understood that the image of the Products themselves is only for sale purposes and may not exactly reproduce the specifications and quality, possibly differing in colour and size. In the event of a difference between the image and written product sheet, the product description sheet shall be considered valid.
4. Prices and shipment
The prices of our sparkling wines in the online shop are expressed in Euros and all include VAT. All prices.
Shipping to Italy
Throughout Italy, exceeded the amount of 26 €, shipping is free for all Rogante products.
However, if promotional codes are used, shipping is free with a cart over € 69.
Shipping costs, where applicable, amount to:
Bartolini: € 5.90
National DHL: € 16.90
Promotions with free shipping are marked in the conditions of the product page and any cards or combinations of them.
In the case of the use of Promotional Coupons, Rogante srl is not obliged in any way to reimburse any credits, or sums of money remaining after their use.
Shipments abroad
Shipping costs, where applicable, amount to:
Bartolini: € 9.90
International DHL: € 19.90
5. Methods of payment and invoicing
5.1 Methods of payment
The Customer can pay the price of the Products by PayPal and Credit Card, Cash on Delivery (only in Italy and with an additional fee of € 4.90) and SOFORT Direct Bank Transfer via Stripe.
Credit Card
The circuits accepted for purchase from https://www.rogante.net are:
- Visa / Visa Electron, Mastercard / Maestro, American Express, Aura, Discover
The Site does not archive the Client’s credit card number. No form of supplement shall be charged when paying with credit card.
PayPal
Once the order has been confirmed, the client shall be re-directed to the PayPal site where he shall be able to make the payment with his account or using a card, even a pre-paid one, or in line with the methods accepted by PayPal and in compliance with their terms.
5.2 Invoicing orders
If the purchase is made by a professional, it will be possible to request the issuance of the invoice by entering exactly the company data and the VAT number in the required fields.
The professional is responsible for the correct insertion of the billing data and is expressly informed that, in case of failure to request the invoice during the order, it will not be possible to request it later.
In the case of Coupons obtained through platforms such as Spiiky (or other similar), Rogante srl is not obliged in any way to reimburse any credits, or sums of money remaining after using the coupons.
For example, if you suppose a Total Cart of 60 €, and you use 3 vouchers of 25 € each, for a total of 75 € Rogante srl is not obliged in any way to pay or refund the remaining 15 €. Therefore, in the case of coupons, it is the Customer’s concern to calculate well the items to be purchased according to the coupons available to avoid losing money.
6. Transport and Delivery
The Products purchased on the Site shall be delivered to the address provided by the Client at the purchase stage in the specific field.
All purchases shall be delivered via Service Express courier (hereafter “Courier”) from Monday to Friday, excluding holidays and national holidays. ROGANTE SRL shall not be held responsible for unforeseeable delays or delays for which they cannot be held responsible.
Once the Products have been shipped, the Client shall receive a confirmation e-mail which shall include a link for tracking the shipment.
7. Right to return
Under the purchase contract, the Client has the right to return for whatever reason, without the need to provide explanations and without penalties, with the exception of the cases foreseen in the following point IV. In order to exercise this right, the Client shall send ROGANTE SRL a communication within 14 days from the reception date of the Products. If you intend to exercise your right to return before receiving the Products, the return communication can be sent at any time prior to reception.
This communication should be sent via registered letter with return receipt to:
Rogante Srl
Via Menarè, 107
31015 Conegliano (TV) – Italy
Once Customer Services at Rogante srl has received the communication, they shall draw up the paperwork for a return and instruct the Client on how to return the Products, which shall be done via the courier appointed by Rogante srl.
The right to return is governed by the following conditions:
- The right is applied to the whole purchased Product; so, if the Product consists of more than one item, it is not possible to return only a part of the Product purchased.
- In the event of exercising one’s right to return, Rogante srl shall reimburse the Client the entire sum for the returned goods, including shipping costs, if foreseen, within 14 days from the date the return communication was received, bearing in mind Rogante srl’s right to suspend payment of the reimbursement until the goods have been received. The return shall take place using the same method of payment used by the Client, unless the latter has made a specific request for a different payment method. In the case of a bank transfer, it shall be the Client’s responsibility to provide bank details for the reimbursement (name on the account, Bank address and IBAN).
III. In order for the goods to be returned free of charge in compliance with the following article 8, the Products need to be returned in the same box in which they were received.
- As well as the cases indicated in the Introduction (non consumer client and/or client who asks for an invoice), the right to return is denied in the following cases, in compliance with art. 59 of Legislative Decree 21/2014:
– Order of personalised or clearly customised packaging Products
– Order of sealed products which cannot be returned for hygiene reasons or linked to health prevention risks or that have been opened after delivery
– Product damaged for reasons unlinked to its transport.
In the event of right to return being denied, Rogante srl shall return the purchased Products to the Client, charging him with shipping costs.
8. Free Return in the event of the right to return
A more advantageous condition for the Client is when Rogante srl assumes the entire cost of the return shipping of the Products in the event of a right to return.
In order to make use of free shipment, the Client wishing to exercise his right to return shall follow the procedure indicated in the previous article 7 and wait to be contacted by Rogante srl to agree the hand over of the Products to the courier.
9. Warranty and Guarantee
If the Products sold by Rogante srl are damaged, the Client shall contact Customer Services immediately using the specific contact form.
The sale of the Products is covered by the legal guarantees foreseen in articles 129, 130 and 132 of the Consumer Code. The Client has the right to choose and on condition that the kind of Product allows it, to have the product repaired or replaced at no extra cost or receive a suitable reduction in price, or the termination of the contract. The Client shall forfeit these rights if the faulty product is not reported to Rogante srl within two months from the date of discovering the defect, unless it is a perishable Product which by nature perishes or has a short sell by date; in this case, the defect must be reported within that reduced time period.
10. Disclaimer
Product information supplied on the Site is being constantly updated. It is, however, impossible to guarantee that no error occurs so Rogante srl shall not be held responsible, except in the event of fraud or serious negligence.
Rogante srl reserves the right to correct any errors, inaccuracies or omissions even after an order has been shipped, or change or update the information at any time without prior communication, bearing in mind the Client’s rights under these General Terms and the Consumer Code.
Except in the case of fraud or serious negligence, the Client shall have no right to claim for damages or compensation, as well as any contractual or extra-contractual responsibility for direct or indirect damages to persons and/or things, resulting from the failed acceptance or handling, even partial, of an order.
11. Claims
Any claim made must be sent to Rogante srl using the specific contact form, or via registered letter with return receipt to the following address:
Rogante srl
Via menarè 107,
31025 – Conegliano (TV) – ITALY
Rogante srl is committed to replying to all the requests received within a maximum of 7 working days.
12. Applicable laws and court of jurisdiction
The contract of sale between the Client and Rogante srl is to be understood as concluded in Italy and covered by Italian Law. The resolution of disputes relating to the interpretation, application or dissolution of these General Terms or individual purchase orders if the Client is a consumer as stipulated in the Consumer Code, shall be made exclusively in the jurisdiction of their place or residence if located in Italy; for all other cases, the court of jurisdiction is exclusively that of the Court of Treviso , all other courts of jurisdiction being excluded.
***
Under article 1341 of the civil code, the Client declares that he has specifically read and accepted the following articles in the General Terms: 6 (responsibility for delays in delivery), 10 (power to rectify errors – exclusion of responsibility).
- Applicable law and competent court
The sales contract between the Customer and Rogante is concluded in Italy and governed by Italian law.
For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or individual purchase orders if the Customer is a consumer within the meaning of the Consumer Code, the court of his municipality of residence or domicile if located in the Italian territory, in all other cases, the territorial jurisdiction is exclusively that of the Court of Treviso, any other competent forum excluded.
***
Pursuant to Article 1341 of the Civil Code the Customer declares to have read and specifically accepted the following articles of these General Conditions: 6 (liability for delays in delivery), 10 (power to correct errors, exclusions of responsibility).