Terms and Conditions of Sale

Identification of the Supplier

The goods and services subject to these general terms and conditions are offered for sale by Lino Midolini S.r.l. (MIDOLINI) with registered office in Manzano (UD), Via delle Fornaci, 1, registered with the Chamber of Commerce of Udine, tax code/VAT number 01339850305

hereinafter referred to as ‘Supplier’.

Art. 1

Definitions

1.1. The term ‘online sales contract’ means the sales contract relating to the Supplier's tangible movable property, or relating to the services offered by the Supplier, concluded between the Supplier and the Purchaser within the framework of a distance selling system using telematic instruments, organised by the Supplier.

1.2. The term ‘Purchaser’ refers to the natural person consumer who makes the purchase, referred to in this contract, for purposes that are not related to any commercial or professional activity carried out.

1.3. The expression ‘Supplier’ means the subject indicated in the epigraph or the subject providing the information services.

Art. 2

Subject matter of the contract

2.1. Hereby the Supplier sells and the Purchaser purchases at a distance by telematic means the movable tangible goods and/or services indicated and offered for sale on www.midolini.com.

2.2. The products referred to in the previous point are illustrated on the web pages of the site www.midolini.com.

Art. 3

Procedure for entering into the contract

3.1. The contract between the Supplier and the Purchaser is concluded exclusively through the Internet by means of the Purchaser's access to the address www.midolini.com, where, following the procedures indicated, the Purchaser will formalise the proposal for the purchase of the goods the contract for the purchase of the goods and/or services referred to in point 2.1 of the previous article.

Art. 4

Conclusion and effectiveness of the contract

4.1. The contract for the purchase of goods is concluded through the exact completion of the request form and the consent to the purchase manifested through the acceptance sent online at the time of order checkout, always after viewing a printable web page summarising the order, in which the details of the ordering party and the order, the price of the goods purchased, the shipping costs and any additional charges, the payment methods and terms (in advance by credit card / PayPal), the address where the goods will be delivered and the approximate delivery time are indicated.

4.2. The Purchaser is entitled to the right of withdrawal to be exercised within fourteen calendar days from the date of receipt of the purchased goods, according to the procedures set forth in Article 13.2 below.

4.3. When the Supplier receives the order from the Purchaser, it will send a confirmation e-mail or display a web page confirming and summarising the order, which can be printed and which also contains the data referred to in the previous point.

4.4. The contract shall not be deemed to be finalised and effective between the parties in the absence of the above.

4.5. The contract for the purchase of the ‘guided tour and tasting’ service (described on the web page: https://midolini.com/pages/esperienze) is concluded when the Supplier sends the purchaser - by e-mail - confirmation of the tour booking.

Art. 5

Terms of Payment and Refund

5.1. Any payment by the Purchaser may only be made by one of the methods indicated on the relevant web page by the Supplier.

5.2. Any reimbursement to the Purchaser will be credited through one of the methods proposed by the Supplier and chosen by the Purchaser, in a timely manner and, in the event of the exercise of the right of withdrawal, as governed by Article 13, point 2 et seq. of this contract, no later than 30 days from the date on which the Supplier became aware of the withdrawal.

5.3. All communications concerning payments shall take place on a special line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the applicable data protection regulations. In particular, it should be noted that payment information is managed and stored by the transaction managers (e.g. PayPal), which are of known and proven competence and security.

5.4. As far as the ‘guided tour and tasting’ service is concerned, the Purchaser may decide to cancel his or her booking without being charged penalties only in the manner and under the terms set out in point 13.9 below.

Art. 6

Time and Mode of Delivery

6.1. The Supplier shall deliver the products selected and ordered in the manner indicated on the website at the time the goods are offered.

6.2. Delivery times may vary from the day the order is placed to a maximum of 15 working days after confirmation of the order. In the event that the Supplier is not able to dispatch the goods within the said term, but in any case, within the term indicated in the following point, the Purchaser will be notified promptly by e-mail.

6.3. Shipping methods, times and costs depend on the place of delivery and the quantity of the products purchased and are highlighted before the order confirmation.

Art. 7

Prices

7.1. All sales prices of the products displayed and indicated on the www.midolini.com website are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code.

7.2. The sales prices referred to in the previous point are inclusive of VAT and any other taxes. Shipping costs and any additional charges (e.g. customs clearance), if any, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the Purchaser submits the order and also contained in the web page summarising the order placed.

7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalogue.

Art. 8

Availability of Products

8.1. The Supplier ensures through the computerised system used that orders are processed and fulfilled without delay.

8.2. Should an order exceed the existing quantity in the warehouse, the Supplier shall inform the Purchaser by e-mail whether the good is no longer bookable or what the waiting time is to obtain the chosen good, asking whether he intends to confirm the order or not.

8.3. The Supplier's computer system confirms the registration of the order as soon as possible by sending the User a confirmation by e-mail, in accordance with point 4.3.

Art. 9

Limitations of Liability

9.1. The supplier assumes no liability for inefficiency due to force majeure in the event that it fails to execute the order within the contractually agreed time.

9.2. The Supplier cannot be held liable to the Purchaser, except in the case of wilful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of its control or that of its subcontractors.

9.3. The Supplier shall also not be liable for damages, losses and costs suffered by the Purchaser as a result of non-performance of the contract for reasons not attributable to him, the Purchaser only having the right to a full refund of the price paid and any accessory charges incurred.

9.4. The Supplier assumes no liability for any fraudulent or illicit use that may be made by third parties, of credit cards, cheques and other means of payment, for the payment of the products purchased, if he proves that he has taken all possible precautions based on the best science and experience on the basis of the technology available at the time.

9.5. In no case may the Purchaser be held liable for delays or mishaps in payment if he proves that he made the payment in the time and manner indicated by the Supplier.

9.6. With reference to the ‘Guided tour and tasting’ service, in no case may the Supplier be held liable for any damages deriving from the Purchaser's failure to communicate any food allergies and/or intolerances relating to the persons taking part in the tour, as established in point 12.4 below.

Art. 10

Liability for Defect, Proof of Damage and Compensable Damage: Supplier's Obligations

10.1. Pursuant to Article 114 et seq. of the Consumer Code, the Supplier shall be liable for damage caused by defects in the goods sold if he fails to inform the aggrieved party, within a period of three months from the request, of the identity and domicile of the producer or the person who supplied him with the goods.

10.2. The aforementioned request, on the part of the Injured Party, shall be made in writing and shall indicate the product that caused the damage, the place and date of purchase; it shall also contain an offer to view the product, if it still exists.

10.3. The Supplier shall not be liable for the consequences of a defective product if the defect that caused the damage did not exist when the manufacturer put the product into circulation, if the defect is due to the conformity of the product with a mandatory legal norm or binding measure, or if the state of scientific and technical knowledge at the time when the manufacturer put the product into circulation did not yet permit the product to be considered defective.

10.4. No compensation shall be due if the Warrantee was aware of the defect in the product and the danger arising therefrom and nevertheless voluntarily exposed himself to it.

10.5. In any case, the Damaged Party shall have to prove the defect, the damage, and the causal connection between the defect and the damage.

Art. 11

Guarantees and Methods of Assistance

11.1. The Supplier shall be liable for any lack of conformity that becomes apparent within the expiry date of the goods as indicated on the packaging, if properly stored, and for three days from the time the packaging is opened (with the exceptions indicated on the product label, if any) - provided that proper storage conditions are observed.

11.2. For the purposes of this contract, consumer goods shall be presumed to be in conformity with the contract if, where relevant, the following circumstances coexist (a) they are fit for the use for which goods of the same type are normally used; (b) they comply with the description made by the Seller and possess the qualities of the goods that the Seller has presented to the Consumer as a sample or model c) have the usual quality and performance of goods of the same type, which the Consumer may reasonably expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made in this respect by the Seller, the manufacturer or its agent or representative, in particular in advertising or on the labelling; d) are also suitable for the particular use desired by the Consumer and which was brought to the knowledge of the Seller at the time of the conclusion of the agreement and which the Seller has accepted, even by conclusive facts.

11.3. The Purchaser forfeits all rights if he does not report the conformity defect to the Seller within two months after purchase and in any case no later than the expiry date indicated on the packaging. The complaint is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.

11.4. In any case, unless proven otherwise, defects of conformity that become apparent within six months of delivery of the goods shall be presumed to have already existed on that date, unless such a presumption is incompatible with the nature of the goods or the nature of the defect of conformity.

11.5. In the event of a lack of conformity, the Purchaser may request, alternatively and free of charge, under the conditions set out below, the repair or replacement of the goods purchased, a reduction in the purchase price or termination of the contract, unless the request is objectively impossible to satisfy (for example, ‘repair’ may not be feasible for Confectionery food products and another agreement must be found between the Supplier and the Purchaser) or is excessively onerous for the Supplier pursuant to Article 130, paragraph 4, of the Consumer Code.

11.6. The request must be made in writing, by registered letter with advice of receipt, to the Supplier, who shall indicate his willingness to carry out the request, or the reasons preventing him from doing so, within seven working days of receipt. The Purchaser is requested and suggested, as a matter of courtesy, and to speed up the possible process of agreement, even an informal communication via e-mail and/or telephone: the Supplier's staff is in fact well disposed to the most correct and close relationship possible with the Purchaser.

In the same communication, if the Supplier has accepted the Purchaser's request, he shall indicate the method of shipment or return of the goods, as well as the deadline for the return or replacement of the defective goods.

If repair or replacement is impossible or excessively onerous, or if the Supplier has not repaired or replaced the goods within the deadline referred to in the previous point, or if the replacement or repair previously carried out has caused significant inconvenience to the Purchaser, the latter may, at his discretion, request an appropriate price reduction or termination of the contract. In this case, the Purchaser must send his request to the Supplier, who shall indicate his willingness to comply with it, or the reasons preventing him from doing so, within seven working days of receipt.

11.7. If repair and replacement 11.7 If repair and replacement are impossible or excessively onerous, or if the Supplier has not repaired or replaced the goods within the period referred to in the preceding point, or if the replacement or repair previously carried out has caused considerable inconvenience to the Purchaser, the latter may, at his choice, ask for an appropriate reduction in the price or termination of the contract. The Purchaser must in that case send his request to the Supplier, who shall indicate his willingness to comply with it, or the reasons preventing him from doing so, within seven working days of receipt.

11.8. In the same communication, if the Supplier has accepted the Purchaser's request, he shall indicate the proposed reduction in price or the modalities for returning the defective goods. In such cases, it shall be the Purchaser's responsibility to indicate how the sums previously paid to the Supplier are to be credited.

Art. 12

Obligations of the Purchaser

12.1. The Purchaser undertakes to pay the price of the purchased goods in the time and manner specified in the contract.

12.2. The Purchaser undertakes, once the on-line purchasing procedure has been completed, to print and keep this contract.

12.3. The information contained in this contract has, moreover, already been seen and accepted by the Purchaser, who acknowledges this, as this step is made compulsory before the purchase confirmation.

12.4. With reference to the ‘guided tour and tasting’ service, when making a reservation the Purchaser must absolutely inform the Supplier of any food allergies and intolerances relating to the persons taking part in the tour and for whom the reservation was made.

Art. 13

Right of Withdrawal

13.1. The Purchaser shall in any case have the right to withdraw from the contract entered into, without penalty and without specifying the reason, within a period of fourteen working days, starting from the day of receipt of the purchased goods.

13.2. If the Purchaser decides to avail himself of the right of withdrawal, he must notify the Seller by registered letter with return receipt to the address ‘Lino Midolini S.r.l. - Via delle Fornaci 1, 33044 Manzano UD’ or by e-mail to ordini@midolini.com, provided that such notification is confirmed by registered letter with return receipt to the above-mentioned address within the following forty-eight hours. The postmark affixed by the post office on the receipt issued shall be authentic between the Parties. For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased goods, provided that they are returned within the same terms and, in particular in the case of confectionery foodstuffs, suitably packaged, perfectly intact in their unopened packaging. The date of delivery to the post office or forwarding agent shall be binding between the Parties.

13.4. In any case, the goods shall be returned no later than thirty days from the date of receipt of the goods themselves, and reasonably before any expiry date indicated on their packaging. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of preservation.

13.5. The Purchaser may not exercise the right of withdrawal for contracts for the purchase of sealed products, which have been opened by the same, as well as goods made to measure or clearly customised or which, due to their nature, cannot be returned or are liable to deteriorate or alter rapidly, and in any other case envisaged by Article 59 of the Consumer Code.

13.6. The only costs payable by the Purchaser for exercising the right of withdrawal under this Article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to bear them.

13.7. The Supplier will refund the full amount paid by the Purchaser free of charge within thirty days of receipt of the notice of withdrawal, if the conditions in the previous points are met.

13.8. Upon receipt of the communication by which the Purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations and the contract is understood to be terminated, without prejudice to the provisions of the previous points of this article.

13.9. With reference to the purchase/booking of the ‘guided tour and wine-tasting’ service, the Purchaser has the right to cancel his or her booking without incurring penalties only if he or she does so by sending written notice to the following e-mail address: info@midolini.com at least 7 days before the date set for the visit in question.

13.10. In the event of a cancellation communicated in a different manner or at a different time than those referred to in paragraph 13.9 above, the Purchaser will be charged a penalty equal to 100% of the sale price.

Art. 14

Causes of termination

14.1. The obligations referred to in point 12.1, assumed by the Purchaser, as well as the guarantee of the good performance of the payment made by the Purchaser with the means referred to in point 5.1, and also the exact fulfilment of the obligations assumed by the Supplier in point 6, are of an essential nature, so that, by express agreement, the non-fulfilment of only one of these obligations, unless caused by unforeseeable circumstances or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the necessity of a judicial pronouncement, warning or formal notice.

Art. 15

Protection of Confidentiality and Processing of Buyer's Data

15.1. The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of current privacy legislation.

15.2. The personal and fiscal data acquired directly and/or through third parties by the Supplier MIDOLINI, holder of the treatment, are collected and treated in paper, computer, telematic form, in relation to the treatment modalities with the purpose of registering the order and activating the procedures for the execution of the present contract and the relative necessary communications, in addition to the fulfilment of any legal obligations, as well as to allow an effective management of the commercial relations to the extent necessary to carry out the service requested in the best way.

15.3. The Supplier undertakes to implement appropriate technical and organisational measures to ensure that only the personal data necessary for each specific purpose of processing is processed by default. This obligation applies to the amount of personal data collected, the scope of the processing, the storage period and accessibility. In particular, these measures ensure that, by default, personal data are not made accessible to an indefinite number of natural persons without the intervention of the natural person (Art. 25 GDPR)

15.4. Personal data shall be disclosed, subject to the signing of a data confidentiality undertaking, only to persons delegated to perform the activities necessary for the execution of the contract concluded and communicated exclusively within the scope of this purpose.

15.5. The Purchaser enjoys the rights set forth in Art. 15 et seq. of the GDPR. , namely the right to:

1) to obtain confirmation from the data controller as to whether or not personal data concerning him or her is being processed, and if so, to obtain access to the personal data and related information:

a) the purpose of the processing;

(b) the categories of personal data concerned

(c) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular if they are recipients in third countries or international organisations

(d) where possible, the period for which the personal data will be retained or, if this is not possible, the criteria used to determine that period

(e) the existence of the right of the data subject to request from the controller the rectification or erasure of personal data concerning him or her or to object to the processing of personal data concerning him or her

(f) the right to lodge a complaint with a supervisory authority;

(g) where the data are not collected from the data subject, to any available information as to their source

(h) to the existence of an automated decision making process, including profiling as referred to in Article 22(1) and (4), and, at least in such cases, meaningful information on the logic used, as well as the importance and the envisaged consequences of such processing for the data subject;

2) obtain from the data controller the rectification of inaccurate personal data concerning him/her without undue delay

3) obtain from the data controller the erasure of personal data concerning him/her without undue delay;

4) obtain from the data controller the restriction of processing when the hypotheses referred to in Article 18 GDPR apply;

5) receive in a structured, commonly used and machine-readable format the personal data concerning him/her that he/she has provided to a data controller and has the right to transmit these data to another data controller without hindrance by the data controller to whom he/she has provided them in the cases referred to in Article 20 GDPR;

6) to object at any time, for reasons related to his particular situation, to the processing of his personal data

15.6. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing this, the Purchaser's request cannot be processed.

15.7. In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal shall in any case take place in a secure manner.

15.8. The holder of the collection and processing of personal data is the Supplier, to whom the Purchaser may address any request at the company headquarters.

15.9. Anything received at the Centre's e-mail address (including electronic mail) (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of a confidential nature, must not violate the rights of others and must contain valid information, which does not infringe the rights of others and must be truthful; in any case, the Centre cannot be held responsible for the content of the messages themselves.

Arrangements for archiving the contract

16.1. Pursuant to Article 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser that each order sent is stored in digital/paper form on the server/at the Supplier's premises in accordance with criteria of confidentiality and security.

Art. 17

Communications and Complaints

17.1. Written communications addressed to the Supplier and any complaints shall be considered valid only if sent to the following address: ‘Lino Midolini S.r.l. - Via delle Fornaci 1, 33044 Manzano UD’, or sent by e-mail to the following address ordini@midolini.com. In any case, the Supplier recommends the use of registered mail with return receipt to ensure delivery of the communication. The Purchaser shall indicate in the registration form his residence or domicile, telephone number or e-mail address to which he wishes communications from the Supplier to be sent.

Art. 18

Dispute Resolution

18.1. All disputes arising from this contract shall be referred to the UDINE Chamber of Commerce and resolved in accordance with the Conciliation Rules adopted by the same.

18.2. If the Parties intend to refer the matter to the ordinary judicial authorities, the competent Court shall be the Court of the place of residence or elective domicile of the Consumer, pursuant to Article 33, paragraph 2, letter u) of Legislative Decree 206/2005.

Art. 19

Applicable law and reference

19.1. This contract is governed by Italian law.

19.2. Insofar as not expressly provided for herein, the rules of law applicable to the relationships and cases envisaged in this contract shall apply, and in particular Article 5 of the 1980 Rome Convention.

19.3. Pursuant to Article 60 of Legislative Decree 206/2005, the rules contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are hereby expressly referred to.

Art. 20

Final Clause

This contract supersedes and replaces any previous agreement, understanding, negotiation, written or oral, between the Parties concerning the subject matter of this contract.

BY CONTINUING AND FINALISING THE PURCHASE, THE PURCHASER ACCEPTS THE ABOVE CONDITIONS.